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[uk-legislation-asp][asp] 2022-02-05 Carer’s Allowance Supplement (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/20/2021-11-16
http://www.legislation.gov.uk/asp/2021/20/2021-11-16 Carer’s Allowance Supplement (Scotland) Act 2021 2021-11-30 Statute Law Database 2021-11-16 Carer’s Allowance Supplement (Scotland) Act 2021 2021 asp 20 An Act of the Scottish Parliament to make provision about increasing the amount of the carer's allowance supplement. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 7th October 2021 and received Royal Assent on 15th November 2021 Increased amount of carer’s allowance supplement in respect of the period of 1 October 2021 to 31 March 2022 1 In section 81 (carer’s allowance supplement) of the Social Security (Scotland) Act 2018— a in subsection (4), after “formula” insert “(but see also subsection (4B))” , b after subsection (4) insert— 4B The amount of a carer’s allowance supplement in respect of the period of 1 October 2021 to 31 March 2022 is £231.40 greater than that calculated according to the formula in subsection (4). . Power to increase amount of carer’s allowance supplement 2 The Social Security (Scotland) Act 2018 is amended as follows— a in section 81, after subsection (4B) insert— 4C The Scottish Ministers may by regulations modify this section so as to provide that the amount of a carer’s allowance supplement in respect of such period as may be specified in the regulations is an amount greater than the amount calculated according to the formula in subsection (4). , b in section 96 (regulation-making powers), in subsection (2), for “81(8)” substitute “81(4C) and (8)” . Commencement 3 1 This section and sections 1 and 4 come into force on the day after Royal Assent. 2 Section 2 comes into force on such day as the Scottish Ministers may by regulations appoint. 3 The power conferred by subsection (2) includes the power to make transitional, transitory or saving provision. Short title 4 The short title of this Act is the Carer’s Allowance Supplement (Scotland) Act 2021. S. 1 in force at 16.11.2021, see s. 3(1) S. 2 not in force at Royal Assent, see s. 3(2) S. 3 in force at 16.11.2021, see s. 3(1) S. 4 in force at 16.11.2021, see s. 3(1)
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[uk-legislation-asp][asp] 2023-07-07 Fireworks and Pyrotechnic Articles (Scotland) Act 2022
http://www.legislation.gov.uk/asp/2022/9/2023-06-22
http://www.legislation.gov.uk/asp/2022/9/2023-06-22 Fireworks and Pyrotechnic Articles (Scotland) Act 2022 Statute Law Database 2023-07-07 Expert Participation 2023-06-22 Fireworks and Pyrotechnic Articles (Scotland) Act 2022 2022 asp 9 An Act of the Scottish Parliament to make provision for licensing the purchase, acquisition, possession and use of certain fireworks; to prevent the supply of certain fireworks and pyrotechnic articles to persons under the age of 18; to limit the supply and use of certain fireworks to particular periods; to provide for the creation of firework control zones; to make provision prohibiting possession of fireworks and pyrotechnic articles in certain circumstances; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 29th June 2022 and received Royal Assent on 10th August 2022 Part 1 Key concepts Meaning of “firework” and “pyrotechnic article” 1 1 In this Act— “ firework ” means a pyrotechnic article which— is a firework for the purposes of the following British Standards or any British Standard replacing them— BS EN 15947:2015, or BS EN 16261:2012, or would be a firework for those purposes if it were intended as a form of entertainment, “ pyrotechnic article ” means an article which contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions. 2 But, for the purposes of this Act, a projectile, propelling charge or blank ammunition used in a portable firearm, other gun or artillery is not a pyrotechnic article. 3 The Scottish Ministers may by regulations modify— a subsection (1) to amend or replace the definition of “firework”, or b subsection (2) to add, amend or remove articles or descriptions of types of articles that are not to be treated as a pyrotechnic article for the purposes of this Act. 4 Regulations under subsection (3) are subject to the affirmative procedure. Categories of fireworks 2 1 In this Act— “ category F1 firework ” means a firework which presents a very low hazard and negligible noise level and which is intended for use in confined areas, including a firework which is intended for use inside domestic buildings, “ category F2 firework ” means a firework which presents a low hazard and low noise level and which is intended for outdoor use in confined areas, “ category F3 firework ” means a firework which presents a medium hazard, which is intended for outdoor use in large open areas and whose noise level is not harmful to human health, “ category F4 firework ” means a firework which presents a high hazard, which is intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health. 2 The Scottish Ministers may by regulations— a modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks, b make further provision about the requirements a person must meet to demonstrate “ specialist knowledge ” for the purposes of the definition of a “category F4 firework”. 3 Regulations— a under subsection (2) (a) are subject to the affirmative procedure, b under subsection (2) (b) are subject to the negative procedure. Part 2 Fireworks licensing Fireworks which require a licence Application of Part 3 1 This Part applies to the following fireworks— a category F2 fireworks, and b category F3 fireworks. 2 The Scottish Ministers may by regulations modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks. 3 Regulations under subsection (2) are subject to the affirmative procedure. Fireworks licensing Requirement to have fireworks licence 4 1 It is an offence for a person, without reasonable excuse, to purchase, acquire, possess or use a firework to which this Part applies without having a fireworks licence. 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 It is not an offence under subsection (1) for a non-natural person to purchase, acquire, possess or use a firework without having a fireworks licence if such purchase, acquisition, possession or use is done on its behalf by a person who has a fireworks licence. 4 This section is subject to section 38 and schedule 1 (exemptions). Supply of fireworks to unlicensed persons 5 1 It is an offence for a person, without reasonable excuse, to supply a firework to which this Part applies to a person who does not have a fireworks licence. 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 It is a defence for a person charged with an offence under subsection (1) to show that the person took reasonable steps to establish that the person to whom the firework was supplied had a fireworks licence or was exempt under schedule 1. 4 It is the duty of each local weights and measures authority to enforce this section in its area in so far as it relates to the supply of fireworks by a person in the course of business. 5 In this section, “supply” of a firework includes— a selling it, b exchanging it for a consideration other than money, c giving it as a prize or otherwise making a gift of it, d otherwise making the firework available. 6 This section is subject to section 38 and schedule 1 (exemptions). Process for licensing Applying for fireworks licence: general requirements 6 1 A person aged 18 years or over may apply to the Scottish Ministers for the grant of a fireworks licence. 2 An application for a fireworks licence must— a comply with any regulations made under subsection (3) , and b comply with the mandatory requirements in section 7 . 3 The Scottish Ministers may by regulations— a set out the form and content of the application, b specify the manner in which applications must be made, c specify the information to be provided in the application, d specify any supporting documents to be provided by an applicant, e set the fees payable (if any) and specify to whom the fees are payable, and f make provision for the time in which an application must be made. 4 Without limiting the generality of subsection (3) (e) , when setting the fees payable under this section the Scottish Ministers— a must have regard to the reasonable costs of carrying out functions under this Part, but b if it is considered appropriate to do so, may charge a nominal fee or remit the fee altogether. 5 Regulations under subsection (3) are subject to the negative procedure. Applying for fireworks licence: mandatory requirements 7 1 When applying for a fireworks licence, an applicant must— a disclose any convictions in relation to a relevant offence, b disclose details of any previous fireworks licences that were revoked or cancelled, and c provide evidence of having completed a fireworks training course on the safe, lawful and appropriate use of fireworks that complies with section 8 no earlier than 3 months before making the application. 2 The Scottish Ministers may by regulations specify additional mandatory requirements that an applicant for a fireworks licence must meet. 3 Regulations under subsection (2) are subject to the negative procedure. 4 In this section, “ relevant offence ” means— a an offence under this Act, b an offence under— i the Fireworks Act 2003 and any regulations made under that Act, ii the Pyrotechnic Articles (Safety) Regulations 2015 ( S.I. 2015/1553 ), iii the Explosives Substances Act 1883, or iv the Explosives Act 1875, c wilful fire-raising or culpable and reckless fire-raising, or d any other offence where the misuse of fire, fireworks or pyrotechnic articles has been a factor. Fireworks training course 8 1 The Scottish Ministers may by regulations make provision in relation to fireworks training courses for the purposes of section 7 (1) (c) . 2 Regulations under subsection (1) may include provision for— a training requirements, such as— i the content of such courses, ii the accreditation by the Scottish Ministers of such courses and the persons providing such courses, and iii requiring that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be specified in the regulations, b the form of such courses, c the minimum criteria for successful completion of such courses, and d how successful completion of such courses is recorded. 3 Any person providing a fireworks training course must have regard to any guidance issued by the Scottish Ministers for the purposes of this section. 4 The Scottish Ministers must publish any such guidance (and may revise or revoke that guidance). 5 Regulations under subsection (1) are subject to the negative procedure. Grant of fireworks licence 9 1 The Scottish Ministers may grant a fireworks licence only if— a a valid application and any applicable fees have been received, b the requirements under sections 6 and 7 have been met, and c they are satisfied that the applicant can be permitted to possess and use fireworks safely, lawfully and appropriately. 2 If the Scottish Ministers decide to refuse to grant a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision. Fireworks licence: conditions and further provision 10 1 All fireworks licences are subject to the following conditions— a a licence is valid only for the person named on the licence and is not transferable, b a licence is valid only for the period specified on the licence, and c a licensed person must inform the Scottish Ministers of any change of circumstances specified in regulations under subsection (4) (c) . 2 The Scottish Ministers— a must attach to a fireworks licence any additional conditions specified in regulations under subsection (4)(d)(i), and b may attach to a fireworks licence any optional conditions specified in regulations under subsection (4)(d)(ii). 3 If the Scottish Ministers decide to attach an optional condition to a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision. 4 The Scottish Ministers may by regulations— a specify the form and content of a fireworks licence, b determine the length of time for which licences may be granted, c specify the changes of circumstances that a licensed person must inform the Scottish Ministers of, and d make provision for any— i additional conditions that must be attached to a fireworks licence, and ii optional conditions that may be attached to a fireworks licence. 5 Regulations under subsection (4) are subject to the negative procedure. Register of fireworks licence applications and licensed persons 11 1 The Scottish Ministers must establish and maintain a register of fireworks licence applications and licensed persons. 2 The Scottish Ministers may by regulations make provision for— a the details of licence applications required to be kept on the register, including whether or not an application was granted and, if applicable, the grounds for refusal, b the details about licensed persons required to be kept on the register, and c the length of time such details are to be kept on the register. 3 Regulations under subsection (2) are subject to the negative procedure. Revocation of fireworks licence 12 1 The Scottish Ministers may revoke a person’s fireworks licence if— a the person breaches any condition of the licence, or b the person is convicted of a relevant offence (whether or not the convicting court cancelled the fireworks licence under section 13 ). 2 A person whose fireworks licence is revoked under this section is prohibited from applying for a new fireworks licence— a in a case where the licence was cancelled by a court under section 13 , within the period specified in section 13 (3) , or b in any other case, within the period of 12 months beginning with day on which the licence was revoked. 3 A fireworks licence is revoked by the Scottish Ministers giving notice of the revocation to the person who has the fireworks licence. 4 A notice under subsection (3) must— a be given no later than 7 days before it is to take effect, and b require the person to surrender— i the person’s fireworks licence, and ii any firework to which this Part applies in the person’s possession, in the manner and by the date specified in the notice. 5 It is an offence for a person, without reasonable excuse, to fail to comply with the requirements of a notice given under subsection (3) . 6 A person who commits an offence under subsection (5) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. 7 If the Scottish Ministers decide to revoke a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision. 8 If a person appeals under section 14 against a decision to revoke the person’s fireworks licence— a the revocation does not take effect, but b the person must still comply with the requirements of the notice given under subsection (3) , pending the determination or withdrawal of the appeal. 9 In this section , “ relevant offence ” has the meaning given in section 7 (4) . Notification of convictions and cancellation of fireworks licence 13 1 This section applies if a person who has a fireworks licence is convicted of a relevant offence. 2 The court may cancel the person’s fireworks licence. 3 A person whose fireworks licence is cancelled under this section is prohibited from applying for a new fireworks licence within the period of 12 months beginning with the day on which the licence was cancelled. 4 If the court cancels the person’s fireworks licence, it— a must notify the Scottish Ministers of the cancellation, and b may make an order for forfeiture under section 48 . 5 If the court does not cancel the person’s fireworks licence, it must notify the Scottish Ministers of the conviction. 6 In this section, “ relevant offence ” has the meaning given in section 7 (4) . Appeals 14 1 A person may appeal to the appropriate sheriff against a decision of the Scottish Ministers— a to refuse to grant the person a fireworks licence under section 9 , b to attach an optional condition to the person’s fireworks licence under section 10 (2) (b), or c to revoke the person’s fireworks licence under section 12 (1) . 2 An appeal must be made within the period of 21 days beginning with the day on which the decision appealed against was made. 3 An appeal under this section is to be determined on the merits (and not by way of review). 4 The sheriff hearing the appeal may consider any evidence or other matter, whether or not it was available at the time the Scottish Ministers made the decision being appealed against. 5 On determining the appeal, the sheriff may— a dismiss the appeal, b give the Scottish Ministers such direction as the sheriff considers appropriate in respect of the decision that is the subject of the appeal. 6 The determination of the sheriff may be appealed against only on a point of law. 7 In this section, “ the appropriate sheriff ” means— a in a case where the appellant resides in Scotland, a sheriff of the sheriffdom in which the appellant resides, or b in a case where the appellant resides outwith Scotland, a sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh. Offences relating to fireworks licence applications False statements 15 1 It is an offence for a person to knowingly or recklessly make any statement which is false in any material particular for the purposes of obtaining a fireworks licence. 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). False or altered licences and documents 16 1 It is an offence for a person to produce a false fireworks licence or other false document purporting to prove an exemption under schedule 1 . 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). General Power of Scottish Ministers to make arrangements for certain functions 17 1 The Scottish Ministers may make arrangements for a person to perform some or all of their functions under this Part. 2 Subsection (1) does not include any power of the Scottish Ministers to make regulations under this Part. 3 The making of arrangements under this section to perform a function does not— a affect the Scottish Ministers’ responsibility for the performance of the function, or b prevent the Scottish Ministers from performing the function. Power to make further provision 18 1 The Scottish Ministers may by regulations make further provision for the purposes of this Part. 2 Without limiting the generality of subsection (1) , regulations under that subsection may make provision— a about the verification of applications and supporting documents, b about the sharing of information (for example, in connection with the verification of applications or the enforcement of this Part). 3 Regulations under subsection (1) are subject to the affirmative procedure. Regulations: consultation 19 1 Before making any regulations under this Part, the Scottish Ministers must consult such persons as they consider are likely to be interested in or affected by the licensing of fireworks. 2 Subsection (1) does not apply to regulations under section 3 . Part 3 Restrictions on supply and use of fireworks and pyrotechnic articles Application of Part Application of Part 20 1 In this Part— a section 21 applies to all pyrotechnic articles other than— i category F1 fireworks, and ii percussion caps for toys that are intended for use by children under the age of 14, b section 22 applies to— i category F2 fireworks, and ii category F3 fireworks, and c section 24 applies to— i category F2 fireworks, and ii category F3 fireworks. 2 The Scottish Ministers may by regulations— a modify subsection (1) (a) to add, amend or remove categories, types, classifications or descriptions of fireworks or pyrotechnic articles, and b modify subsection (1) (b) or (c) to add, amend or remove categories, types, classifications or descriptions of fireworks. 3 Regulations under subsection (2) are subject to the affirmative procedure. Prohibition on supply to children Prohibition on providing fireworks or pyrotechnic articles to children 21 1 It is an offence for a person to knowingly— a buy or attempt to buy a firework or other pyrotechnic article to which this section applies for a person under the age of 18, or b give or otherwise make available a firework or other pyrotechnic article to which this section applies to a person under the age of 18. 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 It is not an offence under subsection (1) for a person to buy or attempt to buy a pyrotechnic article for, or give or otherwise make one available to, a person under the age of 18 if— a the manufacturer of the pyrotechnic article designed it to be used as a visual distress signal, and b the person intends that the person under the age of 18 will use the pyrotechnic article only in appropriate circumstances. 4 This section is subject to section 38 and schedule 1 (exemptions). Days of supply and use of fireworks Restriction on days of supply of fireworks 22 1 It is an offence for a person to supply fireworks to which this section applies on days other than those specified in subsection (3) . 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 The supply of fireworks to which this section applies is permitted only between the following days (inclusive of the first and last day specified)— a 7 April to 14 April, b 27 October to 10 November, c 26 December to 31 December, d the first day of Chinese New Year and the 3 days immediately preceding it, e the first day of Diwali and the 3 days immediately preceding it. 4 It is a defence for a person charged with an offence under subsection (1) to show that the person took reasonable steps to establish that the person to whom the fireworks were supplied was exempt under schedule 1 . 5 It is the duty of each local weights and measures authority to enforce this section in its area. 6 The Scottish Ministers may by regulations modify subsection (3) to add, amend or remove a day or a period of days. 7 Regulations under subsection (6) are subject to the affirmative procedure. 8 In this section, “supply” of fireworks includes— a selling them, b exchanging them for any consideration other than money, and c giving them as a prize or otherwise making a gift of them, but does not include supplying them otherwise than in the course of a business. 9 This section is subject to section 38 and schedule 1 (exemptions). Alignment of days when licence required to supply 23 1 The Fireworks Regulations 2004 ( S.I. 2004/1836 ) are modified as follows. 2 Regulation 9(2) has effect as if for the days and periods specified in paragraphs (a) to (d) of that regulation (being the days on which certain fireworks may be supplied or exposed for supply without requiring a licence granted under regulation 9(1)), there are substituted the days and periods specified in section 22(3) of this Act. 3 The modification in subsection (2) applies only in relation to— a category F2 fireworks, and b category F3 fireworks. Restriction on days of use of fireworks 24 1 It is an offence for a person to use fireworks to which this section applies on days other than those specified in subsection (3) . 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 The use of fireworks to which this section applies is permitted only between the following days (inclusive of the first and last day specified)— a 7 April to 16 April, b 27 October to 12 November, c 26 December to 2 January, d the 3 days immediately preceding the first day of Chinese New Year to the seventh day after the first day of Chinese New Year, e the 3 days immediately preceding the first day of Diwali to the seventh day after the first day of Diwali. 4 The Scottish Ministers may by regulations modify subsection (3) to add, amend or remove a day or a period of days. 5 Regulations under subsection (4) are subject to the affirmative procedure. 6 This section is subject to section 38 and schedule 1 (exemptions). Compensation Compensation for specialist firework businesses affected by section 22 25 1 The Scottish Ministers may by regulations make provision for or about the payment of compensation to relevant persons in consequence of— a the coming into force of section 22 , or b the coming into force of a modification under section 22 (6) which further limits the days on which fireworks may be supplied. 2 In subsection (1) , a “relevant person” is a person whose trade or business was wholly or mainly concerned with the supply, distribution or importation of fireworks in Scotland immediately before the coming into force of section 22 or a modification of the kind described in subsection (1) (b) . 3 Without limiting the generality of subsection (1) , regulations under that subsection may— a make further provision about who qualifies as a relevant person, b set out the circumstances in which compensation is payable, c make provision about the calculation of compensation, d set out the procedure to be followed in connection with claiming compensation, e provide for the review of decisions made under the regulations, and f make provision about appeals against decisions made under the regulations. 4 Regulations under this section are subject to the affirmative procedure. Part 4 Firework control zones Application of Part 26 1 This Part applies to— a category F2 fireworks, b category F3 fireworks, and c category F4 fireworks. 2 The Scottish Ministers may by regulations modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks. 3 Regulations under subsection (2) are subject to the affirmative procedure. Firework control zones 27 1 At any time, a local authority may (in accordance with this Part )— a designate a place within its area as a firework control zone, b amend a zone (including the period for which it is to have effect or days on which it is to operate), or c revoke a zone. 2 It is an offence for a person to— a ignite a firework to which this Part applies in a firework control zone, or b knowingly or recklessly— i throw or cast a lit firework to which this Part applies into a firework control zone, or ii fire a firework to which this Part applies into a firework control zone. 3 A firework control zone operates and the offence in subsection (2) applies on all days that the zone has effect unless the designation specifies particular days on which the zone is to operate, in which case the offence applies on those days only. 4 A person who commits an offence under subsection (2) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 5 This section is subject to section 38 and schedule 1 (exemptions). Prior consultation on proposals 28 1 Before designating a place as a firework control zone or amending or revoking a zone, a local authority must— a prepare and publish its proposal in relation to the designation, amendment or revocation of the zone, and b consult— i persons who live or work in the place which will be affected by the proposal, ii other members of the local community in or near the place, iii any other persons or bodies that the local authority considers to have a connection with, be interested in or affected by the proposal. 2 The proposal must, in particular, set out— a the reasons for the proposed designation of a place as a firework control zone, or, as the case may be, the amendment or revocation of a zone, b the boundaries of the zone, c the date from which the proposal is to have effect and the date on which it is proposed that the zone is to cease to have effect, d the consultation dates, and e how the consultation is to be conducted. 3 The proposal may set out specific days on which the zone is to operate for the purpose of section 27 (3) . Publication of decision on proposal 29 1 Following a consultation on a proposal published under section 28 (1) , a local authority must publish a document which— a confirms whether or not it is proceeding with the proposal, b sets out any changes to the proposal which have been made (whether or not as a result of the consultation), and c explains how it had regard to the views expressed during the consultation process. 2 The local authority must publish the document— a as soon as practicable after the decision in relation to the proposal is made, and b where a decision has been made to proceed with the proposal, at least 60 days before the day on which the proposal is to have effect. Publicising firework control zones 30 As soon as practicable after a document is published under section 29 confirming that a proposal is proceeding, the local authority must take reasonable steps to inform the persons mentioned in section 28(1)(b) of— a the date any decision to designate a place as a firework control zone or amend or revoke a zone is to have effect (and, if different, the days on which it is to operate), b the boundaries of the zone (or any changes to those boundaries), c what is permissible within a zone, the exemptions that apply and the consequences of failure to comply, d such other information as the Scottish Ministers may specify in regulations made under section 32. Review of operation and effectiveness 31 1 A local authority must carry out reviews of the operation and effectiveness of its firework control zones. 2 A review under this section may— a be in respect of one or more firework control zones, and b be combined with a proposal under section 28 to amend or revoke a zone. 3 On completion of a review, the local authority must— a prepare and publish a report of the review's findings, and b make such proposals in relation to the zone (or zones) as it considers appropriate. 4 Regulations made under section 32 may specify a minimum frequency for reviews under this section. Power to make further provision 32 1 The Scottish Ministers may by regulations make further provision about firework control zones and the procedures to be followed to designate a place as a zone, or to amend or revoke one. 2 Without limiting the generality of subsection (1) , regulations under that subsection may— a set limits on— i the size of place that may be designated a firework control zone, ii the cumulative area that a local authority may designate as such zones, b specify the manner in which a local authority is to designate a place as a zone, or to amend or revoke one, c specify information that must be included when designating a place as a zone, or amending or revoking one, d make further provision in relation to zones that operate on specific days only, e make further provision relating to the consultation process, f make provision relating to the publication of documents required under this Part , g make further provision in relation to the reviewing and reporting on the operation and effectiveness of zones in its area. 3 Regulations under subsection (1) are subject to the negative procedure. Guidance 33 1 Local authorities must have regard to any guidance issued by the Scottish Ministers for the purposes of this Part . 2 The Scottish Ministers must publish any such guidance (and may revise or revoke that guidance). Part 5 Pyrotechnic articles in public places and at designated venues and events Application of Part 34 1 In this Part— a section 35 applies to all pyrotechnic articles except category F1 fireworks, and b section 36 applies to all pyrotechnic articles. 2 The Scottish Ministers may by regulations modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks or pyrotechnic articles. 3 Regulations under subsection (2) are subject to the affirmative procedure. Prohibition of pyrotechnic articles in public places 35 1 It is an offence for a person, without reasonable excuse, to possess a pyrotechnic article to which this section applies in a public place. 2 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 It is not an offence under subsection (1) for a person to possess a pyrotechnic article if the possession of the pyrotechnic article— a is in connection with the person’s employment, or b is in connection with the person undertaking an activity where it is appropriate to possess the article for use as a visual distress signal. 4 In this section, “ public place ” means any place other than premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling). 5 This section— a does not apply to a designated venue or a place where a designated event is occurring (see section 36), and b is also subject to section 38 and schedule 1 (exemptions). Prohibition of pyrotechnic articles at designated venues or events 36 1 It is an offence for a person, without reasonable excuse, to possess a pyrotechnic article to which this section applies while the person is in a designated venue or while at a designated event. 2 A person convicted of an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3 In this section, “designated venue” or “ designated event ” means a venue or, as the case may be, event designated by the Scottish Ministers under section 37. 4 This section is subject to section 38 and schedule 1 (exemptions). Designation of venues or events 37 1 For the purposes of section 36, the Scottish Ministers may by regulations designate— a a sports ground or class of sports grounds (whether or not the grounds are used for sporting events), b a sporting event or class of sporting events (whether or not attendees have paid to attend), c a venue that is to be used for a music event, including any place that is to be used by a person responsible for the organisation of a music event for the purpose of— i regulating entry to, or departure from, the event, or ii providing accommodation or other facilities for those attending the event, d a music event or class of music events (whether or not attendees have paid to attend). 2 Regulations under subsection (1) are subject to the negative procedure. Part 6 Exemptions, enforcement and other matters Exemptions Exemptions from offences in Act 38 1 Schedule 1 contains exemptions to certain offences under Parts 2 to 5 . 2 The Scottish Ministers may by regulations— a modify schedule 1 to add, amend or remove exemptions, b make further provision about the requirements that a person must meet to be treated as being employed by, or in business as, a professional organiser or operator of fireworks displays or pyrotechnics displays for the purposes of schedule 1 . 3 Regulations under subsection (2) are subject to the affirmative procedure. Powers of local weights and measures authorities Powers of local weights and measures authorities 39 Schedule 2 makes provision about the powers of a local weights and measures authority (and its officers) to enforce the offences under sections 5 and 22 in its area and related matters. Powers of constables Power of entry etc. with warrant 40 1 A sheriff or justice of the peace may grant a warrant under this section authorising a constable to enter premises if the sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for suspecting— a that an offence under this Act has been, or is being, committed at the premises, or b that there is evidence at the premises of the commission of an offence under this Act. 2 A warrant granted under this section remains in force for a period of 28 days beginning with the day on which it was granted. 3 A warrant granted under this section may authorise a constable to— a enter the premises by force if necessary, b search the premises and any person found in the premises, c seize and retain any item or material found on the premises, or on any person in the premises, if the constable has reasonable grounds for suspecting that it may provide evidence of the commission of an offence under this Act. 4 A constable who is authorised by a warrant granted under this section to seize and detain material may, if the material is only capable of being looked at, read, watched or listened to (as the case may be) after conversion from data stored in another form, require that the material— a be converted into such a form in a way which enables it to be taken away, or b be produced in a form which is capable of being taken away and from which it can be readily converted. 5 In this section, “ premises ” includes any— a land or building, b vehicle, vessel, trailer, aircraft or hovercraft, c tent or moveable structure, (whether or not the premises are used wholly or mainly as a private dwelling). Search for fireworks or pyrotechnic articles without warrant 41 1 If a constable has reasonable grounds for suspecting that a person has committed or is committing an offence under this Act, the constable may— a search that person without warrant, and detain the person for such time as is reasonably required to permit the search to be carried out, b stop and search a vehicle (and anything on or in it) without warrant, c seize and retain any item found in the course of a search which may be relevant to the commission of the offence. 2 A constable who detains a person under subsection (1) must give the person the reason for the detention. Offences in relation to enforcement Offence of obstructing officer of a local weights and measures authority 42 1 It is an offence for a person to— a intentionally obstruct an officer of a local weights and measures authority who is exercising powers conferred by schedule 2, b intentionally fail to comply with any requirement made of the person by an officer of a local weights and measures authority under paragraph 7 or 10 of schedule 2 , c fail, without reasonable cause, to give an officer of a local weights and measures authority any other assistance or information which the officer may reasonably require of him for the purposes of the exercise of the officer's powers under schedule 2 . 2 It is an offence for a person, in giving any information which is required of the person by virtue of subsection (1) (c) — a to make any statement which the person knows is false in a material particular, or b recklessly to make a statement which is false in a material particular. 3 A person who commits an offence under this section is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). Offence of impersonating officer of a local weights and measures authority 43 1 It is an offence for a person who is not an officer of a local weights and measures authority to purport to act as such an officer in the exercise of powers under schedule 2 . 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Aggravation of offences against emergency workers Aggravation of offences against emergency workers 44 1 An offence is aggravated by the use of a firework or pyrotechnic article if— a the offence is committed in a manner that involves the use of a firework or pyrotechnic article which is currently lit or ignited (or which has recently been lit or ignited), and b a victim (or intended victim) of the offence is an emergency worker. 2 For the purpose of subsection (1), an emergency worker is— a a person— i acting in a capacity mentioned in section 1(3) or 2(3) of the Emergency Workers (Scotland) Act 2005, ii acting in a capacity mentioned in section 90(3)(a), (c) or (d) of the Police and Fire Reform (Scotland) Act 2012, iii who is a constable of the British Transport Police Force and is acting in that capacity, b a person who is assisting such a person in responding to an emergency circumstance. 3 Evidence from a single source is sufficient to prove that an offence is aggravated by the use of a firework or pyrotechnic article. 4 Subsection (5) applies where it is— a libelled in an indictment, or specified in a complaint, that an offence is aggravated by the use of a firework or pyrotechnic article, and b proved that the offence is so aggravated. 5 The court must— a state on conviction that the offence is aggravated by the use of a firework or pyrotechnic article, b record the conviction in a way that shows that the offence is so aggravated, c take the aggravation into account in determining the appropriate sentence, and d state— i where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or ii otherwise, the reasons for there being no such difference. 6 For the purposes of this section, a person is responding to emergency circumstances if the person— a is going anywhere for the purpose of dealing with emergency circumstances occurring there, or b is dealing with emergency circumstances or preparing to do so. 7 For the purposes of this section, circumstances are “emergency” circumstances if they are present or imminent and— a are causing or are likely to cause— i serious injury to or the serious illness (including mental illness) of a person, ii serious harm to the environment (including the life and health of plants and animals and the fabric of buildings), or iii a worsening of any such injury, illness or harm, or b are likely to cause the death of a person. 8 For the purposes of this section, circumstances to which a person is responding are to be taken to be emergency circumstances if the person believes and has reasonable grounds for believing they are or may be emergency circumstances. Miscellaneous Time limit for prosecution of offences 45 Summary proceedings for an offence under this Act may be commenced at any time within the period of 12 months beginning with the day on which the offence was committed. Presumptions in proceedings under this Act 46 1 This section applies for the purposes of a trial in proceedings for an alleged offence under this Act. 2 Where an item— a is labelled as a firework or other pyrotechnic article, or b is not so labelled but is found within a container which is labelled as containing fireworks or other pyrotechnic articles, the item is presumed to be a firework or pyrotechnic article as described on the label or, as the case may be, container. 3 At the trial, a party to the proceedings may rebut the presumption mentioned in subsection (2) by proving that, at the time the offence is alleged to have been committed, the item was not a firework or other pyrotechnic article of the description on the item or the container. 4 A party may lead evidence for the purpose of rebutting the presumption only if the party has given notice of the intention to do so to the other parties— a not less than 7 days before the intermediate diet, or b if there is no intermediate diet, not less than 28 days before the date of the trial. Certificates as to proof of certain matters 47 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 In the table in schedule 9 (certificates as to proof of certain routine matters), at the end insert— The Fireworks and Pyrotechnic Articles (Scotland) Act 2022. Sections 4(1) and 5(1) A person authorised to do so by the Scottish Ministers In relation to a person identified in the certificate, that on the date specified in the certificate the person had, or as the case may be, did not have, a fireworks licence (within the meaning of Part 2 of that Act). Sections 4(1), 5(1), 21(1), 22(1), 24(1) and 27(2) A person authorised to do so by the Scottish Ministers That the particular item identified in the certificate is— a a firework within the meaning of section 1(1) of that Act, and b of such category of firework (construed in accordance with section 2(1) of that Act) as is specified in the certificate. Sections 21(1), 35(1) and 36(1) A person authorised to do so by the Scottish Ministers That the particular item identified in the certificate is a pyrotechnic article within the meaning of section 1(1) and (2) of that Act. . Forfeiture and disposal of fireworks and pyrotechnic articles 48 1 This section applies where— a the Scottish Ministers revoke a person’s licence by giving notice under section 12 (3) , b a court convicts a person of an offence under this Act, or c a court cancels a person’s fireworks licence under section 13 (2) . 2 Subsection (3) applies where— a a firework to which Part 2 applies is surrendered in pursuance of a notice given under section 12 (3) which revokes a person’s fireworks licence, and b the person appeals against the decision to revoke the person’s fireworks licence (and does not withdraw that appeal prior to its determination). 3 Where this subsection applies— a if the appeal is successful, the firework must be returned, b if the appeal is unsuccessful, the sheriff may make such order for the disposal of the firework as the sheriff considers appropriate. 4 Subsection (5) applies where— a a firework to which Part 2 applies is surrendered in pursuance of a notice given under section 12 (3) which revokes a person’s fireworks licence, and b the person— i does not appeal against the decision to revoke the person’s fireworks licence, or ii makes and subsequently withdraws an appeal against such a decision. 5 Where this subsection applies, the firework is to be disposed of in such manner as the chief constable considers appropriate. 6 The court by which a person is convicted or, as the case may be, which cancels a person’s fireworks licence may make an order for the forfeiture or disposal of any firework or pyrotechnic article— a to which the offence relates, or b which is possessed by the person. 7 A constable may seize and retain a firework or pyrotechnic article which may be the subject of an order for forfeiture under this section . 8 Where a court orders the disposal of a firework or pyrotechnic article seized and retained under this Act by a constable or an officer of a local weights and measures authority, the firework or pyrotechnic article may be disposed of in such manner as the chief constable or, as the case may be, the local weights and measures authority considers appropriate. Individual culpability for offending by an organisation 49 1 Subsection (2) applies where— a an offence under this Act is committed by a relevant organisation, and b the commission of the offence involves the connivance or consent of, or is attributable to the neglect of— i a responsible official of the organisation, or ii an individual purporting to act in the capacity of a responsible official. 2 The responsible official (or, as the case may be, the individual purporting to act in that capacity), as well as the organisation, commits the offence. 3 “ Relevant organisation ” means— a a company, b a partnership (including a limited liability partnership), c another body or association. 4 “ Responsible official ” means— a in the case of a company— i a director, secretary, manager or similar officer, or ii where the affairs of the company are managed by its members, a member, b in the case of a limited liability partnership, a member, c in the case of a partnership other than a limited liability partnership, a partner, d in the case of another body or association, a person who is concerned in the management or control of its affairs. Part 7 General provisions Report on operation of Act 50 1 The Scottish Ministers must, as soon as practicable after the end of the reporting period, lay before the Scottish Parliament a report on the operation of this Act during the reporting period. 2 The report must, in particular, include information about— a proceedings and convictions in respect of relevant offences during the reporting period, b the number of incidents connected to fireworks and other pyrotechnic articles which occurred during the reporting period, and c the views and experiences of persons in relation to the use of fireworks in their communities during the relevant period. 3 The reporting period is the period of 5 years beginning with the day on which this Act receives Royal Assent. 4 In this section, “ relevant offence ” means an offence under this Act or listed in section 7(4)(b) and (c). Interpretation 51 In this Act— “ chief constable ” means the chief constable of the Police Service of Scotland, “ constable ” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012, “ firework control zone ”, in relation to the area of a local authority, means a place within the area which has been designated as a firework control zone by the local authority under section 27(1) (and a reference to such a zone includes a zone as it has been amended), “ fireworks licence ” means a fireworks licence granted by the Scottish Ministers under section 9 , “ licensed person ” means a person who has a fireworks licence (and a reference to an unlicensed person is to be construed accordingly), “ public fireworks display ” means a fireworks display at which the public, or any section of the public, are present (whether or not they have paid to be) that complies with regulations made under section 6 of the Fireworks Act 2003 (if any), “ regulatory authority ” means— the Chief Constable of the Police Service of Scotland, the Health and Safety Executive, a local authority, a local weights and measures authority. Regulations 52 Any power of the Scottish Ministers to make regulations under this Act, other than section 56 , includes power to make— a different provision for different purposes, b incidental, supplementary, consequential, transitional, transitory or saving provision. Ancillary provision 53 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 2 Regulations under subsection (1) may modify any enactment (including this Act). 3 Regulations under subsection (1) — a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), but b otherwise, are subject to the negative procedure. Crown application: criminal offences 54 1 No contravention of any provision made by this Act makes the Crown criminally liable. 2 But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention. 3 Despite subsection (1) , any provision made by or under this Act applies to a person in the public service of the Crown as it applies to other persons. Crown application: powers of entry 55 1 A warrant granted under section 40 or schedule 2 is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”). Crown land Appropriate authority Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners) The Crown Estate Commissioners Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Scottish Crown Estate The person managing the land Land an interest in which belongs to Her Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown Estate The office-holder in the Scottish Administration or, as the case may be, the Government department managing the land Land an interest in which belongs to Her Majesty in right of Her private estates The person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers Land an interest in which belongs to an office-holder in the Scottish Administration The office-holder in the Scottish Administration Land an interest in which belongs to a Government department The Government department Land an interest in which is held in trust for Her Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration The office-holder in the Scottish Administration Land an interest in which is held in trust for Her Majesty for the purposes of a Government department The Government department 2 In subsection (1) — a the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862, b “ Government department ” means a department of the Government of the United Kingdom, c “ Scottish Crown Estate ” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies. 3 It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (1) is the appropriate authority in relation to any land, and their decision is final. Commencement 56 1 This section and sections 50, 51 , 52 , 53 and 57 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 57 The short title of this Act is the Fireworks and Pyrotechnic Articles (Scotland) Act 2022. Schedule 1 Exemptions (introduced by section 38 ) Regulatory authorities or those acting under the direction of a regulatory authority 1 It is not an offence under section 4 (1) (requirement to have fireworks licence) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if the person is employed by a regulatory authority (and is acting in that capacity). 2 It is not an offence under section 4 (1) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if the person is acting under the direction of a regulatory authority. 3 It is not an offence under section 5 (1) (supply of fireworks to unlicensed persons) for a person to give or otherwise make available a firework to a person who does not have a fireworks licence if— a the person giving or otherwise making available the firework is employed by, or acting under the direction of, a regulatory authority (and is acting in that capacity), and b the unlicensed person is employed by, or acting under the direction of, a regulatory authority (and is acting in that capacity). 4 It is not an offence under section 24 (1) (restriction on days of use of fireworks) for a person to use a firework contrary to section 24 (3) if— a the person is employed by, or acting under the direction of, a regulatory authority, and b the firework is used in connection with the regulatory authority’s functions. 5 It is not an offence under section 27 (2) (a) (firework control zones) for a person to ignite a firework in a firework control zone if— a the person is employed by, or acting under the direction of, a regulatory authority, and b the firework is used in connection with the regulatory authority’s functions. 6 It is not an offence under section 36 (1) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in a designated venue or while at a designated event if the person is employed by a regulatory authority (and is acting in that capacity). Professional organisers or operators of fireworks displays or pyrotechnics displays 7 It is not an offence under section 4 (1) (requirement to have fireworks licence) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if— a the person is employed by, or in business as, a professional organiser or operator of fireworks displays, and b the firework is purchased, acquired, possessed or used in connection with that business. 8 It is not an offence under section 5 (1) (supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is employed by, or in business as, a professional organiser or operator of fireworks displays. 9 It is not an offence under section 21 (1) (prohibition on providing fireworks or pyrotechnic articles to children) for a person to give or otherwise make available a firework or pyrotechnic article to a person under the age of 18 if— a the person under the age of 18 is employed by, or in business as, a professional organiser or operator of fireworks displays or pyrotechnic displays, and b the firework is given or made available for the purposes of putting on a fireworks display or pyrotechnics display for the person’s employer or in the course of the person’s business (as the case may be). 9 It is not an offence under section 21 (1) (prohibition on providing fireworks or pyrotechnic articles to children) for a person to give or otherwise make available a firework or pyrotechnic article to a person under the age of 18 if— a the person under the age of 18 is employed by, or in business as, a professional organiser or operator of fireworks displays or pyrotechnic displays, and b the firework is given or made available for the purposes of putting on a fireworks display or pyrotechnics display for the person’s employer or in the course of the person’s business (as the case may be). 10 It is not an offence under section 22 (1) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section 22 (3) if the firework is supplied to a person who is employed by, or in business as, a professional organiser or operator of fireworks displays. 11 It is not an offence under section 24 (1) (restriction on days of use of fireworks) for a person to use a firework contrary to section 24 (3) if— a the person is employed by, or in business as, a professional organiser or operator of fireworks displays, and b the firework is used for the purposes of putting on a fireworks display for the person’s employer or in the course of the person’s business (as the case may be). 12 It is not an offence under section 27 (2) (a) (firework control zones) for a person to ignite a firework in a firework control zone if— a the person is employed by, or in business as, a professional organiser or operator of fireworks displays, and b the firework is used for the purposes of putting on a public fireworks display for the person’s employer or in the course of the person’s business (as the case may be). 13 It is not an offence under section 36 (1) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in a designated venue or while at a designated event if— a the person is employed by, or in business as, a professional organiser or operator of firework displays or pyrotechnics displays, and b the pyrotechnic article is possessed in connection with that business. Business or supply in accordance with Pyrotechnic Articles (Safety) Regulations 2015 14 It is not an offence under section 4 (1) (requirement to have fireworks licence) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if— a the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015 ( S.I. 2015/1553 ), and b the firework is purchased, acquired, possessed or used for purposes which are necessary in connection with that trade or business. 15 It is not an offence under section 5 (1) (supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015. 16 It is not an offence under section 22 (1) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section 22 (3) if the firework is supplied to a person who is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015. 17 It is not an offence under section 24 (1) (restriction on days of use of fireworks) for a person to use a firework contrary to section 24 (3) if— a the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015, and b the firework is used for purposes which are necessary in connection with that trade or business. 18 It is not an offence under section 27 (2) (a) (firework control zones) for a person to ignite a firework in a firework control zone if— a the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015, and b the firework is used for purposes which are necessary in connection with that trade or business. 19 It is not an offence under section 36 (1) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in a designated venue or while at a designated event if— a the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks or pyrotechnic articles in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015, and b the pyrotechnic article is possessed in connection with that business. Organiser of a public fireworks display 20 It is not an offence under section 22 (1) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section 22 (3) if the firework is supplied to a person who is the organiser of a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation. 21 It is not an offence under section 24 (1) (restriction on days of use of fireworks) for a person to use a firework contrary to section 24 (3) if— a the person is the organiser of a public fireworks display or is assisting such an organiser, and b the firework is used for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation. 22 It is not an offence under section 27 (2) (a) (firework control zones) for a person to ignite a firework in a firework control zone if— a the person is the organiser of a public fireworks display or is assisting such an organiser, and b the firework is used for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation. 23 It is not an offence under section 35(1) (prohibition of pyrotechnic articles in public places) for a person to possess a pyrotechnic article in a public place if— a the person is the organiser of a public fireworks display or is assisting such an organiser, and b the pyrotechnic article is possessed for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation. 24 It is not an offence under section 36 (1) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in the circumstances described in that paragraph if— a the person is the organiser of a public fireworks display or is assisting such an organiser, and b the pyrotechnic article is possessed for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation. Persons under 18 in education, training or employment 25 It is not an offence under section 21(1) (prohibition on providing fireworks or pyrotechnic articles to children) for a person to buy, attempt to buy, give or otherwise make available a firework or pyrotechnic article to a person under the age of 18 if— a the person under the age of 18 is undertaking education or training, or is in employment, b the possession or use of a firework or pyrotechnic article is necessary in connection with that education, training or employment, and c the person buying, attempting to buy, giving or otherwise making available the firework or pyrotechnic article intends that the person under the age of 18 will possess or use the firework or pyrotechnic article only in connection with that education, training or employment. Persons outwith Scotland 26 It is not an offence under section 5 (1) (supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is outwith Scotland and the firework is to be delivered outwith Scotland. 27 It is not an offence under section 22 (1) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section 22 (3) if the firework is supplied to a person who is outwith Scotland, but only where the firework is to be delivered outwith Scotland. Public servants and volunteers in similar roles 28 It is not an offence under section 21(1) (prohibition on providing fireworks or pyrotechnic articles to children) for a person to give or otherwise make available a pyrotechnic article to a person under the age of 18 if— a the person who is under the age of 18 is— i a member of the armed forces of Her Majesty, ii a member of the armed forces of another country when that member is serving with the armed forces of Her Majesty, iii a member of a cadet force listed in paragraph 30(2), iv a member of a cadet force of another country when that member is undertaking activities with a cadet force listed in paragraph 30(2) or the armed forces of Her Majesty, v a member of a service or organisation whose functions (whether as an officer, employee or volunteer) include law enforcement, search and rescue services or the preservation of life, and b the pyrotechnic article is given or made available to the person under the age of 18 in connection with activities the person is undertaking as a member of such a force, service or organisation. 29 It is not an offence under section 35(1) (prohibition of pyrotechnic articles in public places) or section 36(1) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in the circumstances described in that subsection if— a the person is— i a member of the armed forces of Her Majesty, ii a member of the armed forces of another country when that member is serving with the armed forces of Her Majesty, or iii a member of a cadet force listed in paragraph 30(2), iv a member of a cadet force of another country when that member is undertaking activities with a cadet force listed in paragraph 30(2) or the armed forces of Her Majesty, v a member of a service or organisation whose functions (whether as an officer, employee or volunteer) include law enforcement, search and rescue services or the preservation of life, and b the pyrotechnic article is possessed by the person in connection with activities the person is undertaking as a member of such a force, service or organisation. 30 1 In paragraphs 28 and 29, “ armed forces ” means naval, military or air forces (and includes reserve forces). 2 For the purposes of paragraphs 28(a)(iii), 28(a)(iv) and 29(a)(iii), the cadet forces are— a the Combined Cadet Force, b the Sea Cadet Corps, c the Volunteer Cadet Corps, d the Army Cadet Force, e the Air Training Corps. Schedule 2 Investigatory powers of a local weights and measures authority (introduced by section 39 ) General 1 1 A local weights and measures authority (and its officers) may exercise the powers under this schedule for the purpose of ascertaining whether an offence under section 5 (supply of fireworks to unlicensed persons) or section 22 (restriction on days of supply of fireworks) has been, or is being, committed. 2 A local weights and measures authority (and its officers) may exercise the power under paragraph 6 (power to seize and retain items) in relation to— a an item which an officer of the authority reasonably suspects may disclose (by means of testing or otherwise) the commission of an offence under section 5 or 22 , b a firework or pyrotechnic article which an officer of the authority reasonably suspects is liable to forfeiture under this Act, and c an item which an officer of the authority reasonably suspects may be required as evidence in proceedings for an offence under section 5 or 22 . 3 A local weights and measures authority (and its officers) may not exercise the power under paragraph 7 (powers in relation to documents) or paragraph 9 (power of entry with warrant) for the purpose mentioned in sub-paragraph (1) unless an officer of the authority reasonably suspects that an offence under section 5 or 22 has been, or is being, committed. Power to purchase fireworks 2 1 An officer of a local weights and measures authority may— a make a purchase of a firework to which Part 2 or section 22 applies, or b direct or enter into an agreement with a person to secure the acquisition or supply of such a firework. 2 For the purposes of exercising the power under sub-paragraph (1) , the officer may— a at any reasonable time, enter premises to which the public has access (whether or not the public has access at that time), and b inspect any product on the premises which the public may inspect. 3 The power of entry in sub-paragraph (2) may be exercised without first giving notice or obtaining a warrant. 4 In this paragraph , “ premises ” includes any— a land or building, b vehicle, vessel, trailer, aircraft or hovercraft, c tent or moveable structure, except where the premises are used wholly or mainly as a private dwelling. Power to observe carrying on of business etc. 3 1 An officer of a local weights and measures authority may enter premises to which the public has access in order to observe the carrying on of a business on those premises. 2 The power under sub-paragraph (1) may be exercised at any reasonable time (whether or not the public has access at that time). 3 The power of entry under sub-paragraph (1) may be exercised without first giving notice or obtaining a warrant. 4 In this paragraph, “ premises ” includes any— a land or building, b vehicle, vessel, trailer, aircraft or hovercraft, c tent or moveable structure, except where the premises are used wholly or mainly as a private dwelling. Power to enter premises without warrant 4 1 An officer of a local weights and measures authority may enter premises at any reasonable time. 2 In the case of a routine inspection, the power of entry in sub-paragraph (1) may only be exercised if a notice has been given to the occupier of the premises in accordance with the requirements in sub-paragraph (3) , unless sub-paragraph (4) applies. 3 Those requirements are that— a the notice is in writing and is given by the officer, b the notice sets out why the entry is necessary and indicates the nature of the offence under section 42 (obstruction), and c there are at least two working days between the date of receipt of the notice and the date of entry. 4 A notice need not be given if the occupier has waived the requirement to give notice. 5 In this paragraph “ routine inspection ” means an exercise of the power under sub-paragraph (1) other than where— a the power is exercised by an officer who reasonably suspects that an offence has been, or is being, committed under section 5 or 22 , or b the officer reasonably considers that to give notice in accordance with sub-paragraph (2) would defeat the purpose of the entry. 6 If an officer enters premises under sub-paragraph (1) that are occupied, otherwise than in the course of a routine inspection, the officer must provide to an occupier a document that— a sets out why the entry is necessary, and b indicates the nature of the offence under section 42 . 7 If an officer enters premises under sub-paragraph (1) that are occupied, the officer must produce evidence of the officer's identity and authority to an occupier. 8 An officer need not comply with sub-paragraph (6) or (7) if it is not reasonably practicable to do so. 9 Proceedings resulting from the exercise of the power under sub-paragraph (1) are not invalid merely because of a failure to comply with sub-paragraph (6) or (7) . 10 An officer entering premises under sub-paragraph (1) may be accompanied by such persons, and may take onto the premises such equipment, as the officer considers necessary. 11 In this paragraph — “ occupier ”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises, “ premises ” includes any— land or building, vehicle, vessel, trailer, aircraft or hovercraft, tent or moveable structure, except where the premises are used wholly or mainly as a private dwelling, “ working day ” means any day other than— Saturday or Sunday, Christmas Day or Good Friday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland. Power to inspect and test fireworks 5 1 An officer of a local weights and measures authority may— a inspect a firework or an item suspected to be a firework on the premises, b arrange for a firework or an item suspected to be a firework to be tested (and may seize and retain the firework or item under paragraph 6 to do so). 2 Inspection and testing under this paragraph may carried out only for the purposes of determining— a whether or not an item is a firework, or b the category of a firework (or suspected firework) for the purposes of this Act (see section 2 ). Power to seize and retain items 6 1 An officer of a local weights and measures authority may seize and retain an item other than a document (for which see paragraph 7 ). 2 An officer seizing an item under this paragraph from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing it. 3 The officer need not comply with sub-paragraph (2) if it is not reasonably practicable to do so. 4 An officer seizing an item under this paragraph must take reasonable steps to— a inform the person from whom it is seized that it has been seized, and b provide that person with a written record of what has been seized. 5 An item seized under this paragraph (except an item seized for the purpose in paragraph 1 (2) (b) ) may not be detained— a for a period of more than 3 months beginning with the day on which it was seized, or b where the item is reasonably required to be retained for a longer period by the officer for a purpose for which it was seized, for longer than it is required for that purpose. Powers in relation to documents 7 1 An officer of a local weights and measures authority may, at any reasonable time— a require a person who is offering to supply fireworks to the public in the course of a business (“the trader”), an employee of the trader or any other person acting on behalf of the trader, to produce any document relating to the trader's business to which the trader, employee or other person has access, b take copies of, or copies of any entry in, any such document, c seize and retain any such document which the officer reasonably suspects may be required as evidence. 2 The powers in sub-paragraph (1) include power to require the trader, employee or other person to give an explanation of the document. 3 Where a document required to be produced under sub-paragraph (1) contains information recorded electronically, the power under that sub-paragraph includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible. 4 This paragraph does not permit an officer to require a person to create a document other than as described in sub-paragraph (3) . 5 An officer seizing a document under this paragraph from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing it. 6 The officer need not comply with sub-paragraph (5) if it is not reasonably practicable to do so. 7 An officer seizing a document under this paragraph must take reasonable steps to— a inform the person from whom it is seized that it has been seized, and b provide that person with a written record of what has been seized. 8 This paragraph does not permit an officer to require a person to produce or seize any document which the person would be entitled to refuse to produce in proceedings in the Court of Session on the grounds of confidentiality of communications. 9 In sub-paragraph (8) , “ communications ” means— a communications between a professional legal adviser and the adviser's client, or b communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings. 10 In this paragraph , “ occupier ”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises. Power to break open container etc. 8 1 An officer of a local weights and measures authority may, for the purpose of exercising the powers under paragraph 5 , 6 or 7 , require a person with authority to do so to— a break open any container, or b access any electronic device in which information may be stored or from which it may be accessed. 2 Where a requirement under sub-paragraph (1) has not been complied with, the officer may, for the purpose of exercising any of the powers in paragraph 7 — a break open the container, or b access the electronic device. 3 Sub-paragraph (1) or (2) applies if and to the extent that the exercise of the power under that sub-paragraph is reasonably necessary for the purposes for which that power may be exercised. 4 In this paragraph “ container ” means anything in which an item or document may be stored. Power of entry with warrant 9 1 A sheriff may grant a warrant under this section authorising an officer of a local weights and measures authority to enter premises if the sheriff is satisfied, by evidence on oath, that— a there are reasonable grounds for suspecting— i that an offence under section 5 or 22 has been, or is being, committed at the premises, or ii that there is an item or document on the premises that the officer has the power to inspect or require to be produced, and b one of the following conditions is met— i access to the premises has been or is likely to be refused and notice of the officer’s intention to apply for a warrant under this paragraph has been given to the occupier of the premises, ii it is likely that items or documents on the premises would be concealed or interfered with if notice of entry on the premises were given to the occupier of the premises, or iii the premises are unoccupied or the occupier of the premises is absent and it might defeat the purpose of the entry to wait for the occupier’s return. 2 A warrant granted under this section remains in force for a period of 28 days beginning with the day on which it was granted. 3 An officer may be accompanied by such persons, and may take onto the premises such equipment, as the officer considers necessary. 4 A warrant granted under this section may authorise an officer to— a enter the premises by force if necessary, b exercise the powers in paragraph 5 , 6 , 7 or 8 . 5 If the premises are occupied when the officer enters them, the officer must produce the warrant for inspection to an occupier of the premises. 6 Sub-paragraph (7) applies if the premises are unoccupied or the occupier is temporarily absent. 7 On leaving the premises, the officer must— a leave a notice on the premises stating that the premises have been entered under a warrant under this paragraph , and b leave the premises as effectively secured as the officer found them. 8 In this paragraph — “ occupier ”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises, “ premises ” includes any— land or building, vehicle, vessel, trailer, aircraft or hovercraft, tent or moveable structure, (whether or not the premises are used wholly or mainly as a private dwelling). Power to require assistance from person on premises 10 If an officer of a local weights and measures authority has entered premises under paragraph 4 (1) or under a warrant under paragraph 9 , the officer may require any person on the premises to provide such assistance or information as the officer reasonably considers necessary. Access to seized items and documents 11 1 This paragraph applies where a thing seized by an officer of a local weights and measures authority under this schedule is retained by the authority. 2 If a request for permission to be granted access to that thing is made to the local weights and measures authority by a person who had custody or control of it immediately before it was seized, the authority must allow that person access to it under the supervision of an officer of the authority. 3 If a request for a photograph or copy of that thing is made to the local weights and measures authority by a person who had custody or control of it immediately before it was seized, the authority must— a allow that person access to it under the supervision of an officer of the authority for the purpose of photographing or copying it, or b photograph or copy it, or cause it to be photographed or copied. 4 Where anything is photographed or copied under sub-paragraph (3) , the photograph or copy must be supplied to the person who made the request within a reasonable time from the making of the request. 5 This paragraph does not require access to be granted to, or a photograph or copy to be supplied of, a thing if the local weights and measures authority has reasonable grounds for believing that to do so would prejudice the investigation for the purposes of which it was seized. 6 A local weights and measures authority may recover the reasonable costs of complying with a request under this paragraph from the person by whom or on whose behalf it was made. 7 References in this paragraph to a person who had custody or control of a thing immediately before it was seized include a representative of such a person. Notice of testing of item 12 1 Sub-paragraphs (2) and (3) apply where— a a firework purchased (or acquired under direction or by arrangement) by an officer of a local weights and measures authority under paragraph 2 is submitted to a test and as a result proceedings are brought for an offence under section 5 or 22 , or b a firework or item seized by an officer of a local weights and measures authority under paragraph 6 is submitted to a test. 2 The local weights and measures must inform the relevant person of the results of the test. 3 The local weights and measures authority must allow a relevant person to have the firework or item tested if it is reasonably practicable to do so. 4 In sub-paragraph (2) , “ relevant person ” means the person from whom the firework or item was purchased or seized. 5 In sub-paragraph (3) , “ relevant person ” means— a in a case within sub-paragraph (1) (a) , a person who is a party to the proceedings, or b in any other case, a person referred to in sub-paragraph (4) . Application for release of firework, item or document 13 1 This paragraph applies where a firework, item or document is being retained as the result of the exercise of a power under this schedule . 2 A person with an interest in the firework, item or document may apply to a sheriff for an order requiring it to be released to that or another person. 3 The sheriff may make an order requiring a firework, item or document to be released only if satisfied that condition A or B is met. 4 Condition A is that— a no proceedings have been brought for an offence as the result of the investigation in the course of which the firework, item or document was seized, and b the period of 12 months beginning with the day on which the firework, item or document was seized has expired. 5 Condition B is that— a proceedings of the kind mentioned in sub-paragraph (4) (a) have been brought, and b those proceedings have been concluded without the firework, item or document being forfeited. Compensation 14 1 This paragraph applies where an officer of a local weights and measures authority has seized and retained a firework or item under this schedule for a purpose within paragraph 1 (2) (a) . 2 The local weights and measures authority must pay compensation to any person with an interest in the firework or item in respect of any loss or damage caused by the seizure and retention if— a the firework or item has not disclosed an offence under section 5 or 22 , and b the power to seize and retain the firework or item was not exercised as a result of any neglect or default of the person seeking the compensation. 3 Any dispute about the right to or amount of any compensation payable under this paragraph is to be determined by a single arbitrator appointed by the parties or, if there is no agreement between the parties as to that appointment, by the sheriff. S. 1 not in force at Royal Assent, see s. 56(2) S. 2 not in force at Royal Assent, see s. 56(2) S. 3 not in force at Royal Assent, see s. 56(2) S. 4 not in force at Royal Assent, see s. 56(2) S. 5 not in force at Royal Assent, see s. 56(2) S. 6 not in force at Royal Assent, see s. 56(2) S. 7 not in force at Royal Assent, see s. 56(2) S. 8 not in force at Royal Assent, see s. 56(2) S. 9 not in force at Royal Assent, see s. 56(2) S. 10 not in force at Royal Assent, see s. 56(2) S. 11 not in force at Royal Assent, see s. 56(2) S. 12 not in force at Royal Assent, see s. 56(2) S. 13 not in force at Royal Assent, see s. 56(2) S. 14 not in force at Royal Assent, see s. 56(2) S. 15 not in force at Royal Assent, see s. 56(2) S. 16 not in force at Royal Assent, see s. 56(2) S. 17 not in force at Royal Assent, see s. 56(2) S. 18 not in force at Royal Assent, see s. 56(2) S. 19 not in force at Royal Assent, see s. 56(2) S. 20 not in force at Royal Assent, see s. 56(2) S. 21 not in force at Royal Assent, see s. 56(2) S. 22 not in force at Royal Assent, see s. 56(2) S. 23 not in force at Royal Assent, see s. 56(2) S. 24 not in force at Royal Assent, see s. 56(2) S. 25 not in force at Royal Assent, see s. 56(2) S. 26 not in force at Royal Assent, see s. 56(2) S. 27 not in force at Royal Assent, see s. 56(2) S. 28 not in force at Royal Assent, see s. 56(2) S. 29 not in force at Royal Assent, see s. 56(2) S. 30 not in force at Royal Assent, see s. 56(2) S. 31 not in force at Royal Assent, see s. 56(2) S. 32 not in force at Royal Assent, see s. 56(2) S. 33 not in force at Royal Assent, see s. 56(2) S. 34 not in force at Royal Assent, see s. 56(2) S. 35 not in force at Royal Assent, see s. 56(2) S. 36 not in force at Royal Assent, see s. 56(2) S. 37 not in force at Royal Assent, see s. 56(2) S. 38 not in force at Royal Assent, see s. 56(2) S. 39 not in force at Royal Assent, see s. 56(2) S. 40 not in force at Royal Assent, see s. 56(2) S. 41 not in force at Royal Assent, see s. 56(2) S. 42 not in force at Royal Assent, see s. 56(2) S. 43 not in force at Royal Assent, see s. 56(2) S. 44 not in force at Royal Assent, see s. 56(2) S. 45 not in force at Royal Assent, see s. 56(2) S. 46 not in force at Royal Assent, see s. 56(2) S. 47 not in force at Royal Assent, see s. 56(2) S. 48 not in force at Royal Assent, see s. 56(2) S. 49 not in force at Royal Assent, see s. 56(2) S. 50 in force at 11.8.2022, see s. 56(1) S. 51 in force at 11.8.2022, see s. 56(1) S. 52 in force at 11.8.2022, see s. 56(1) S. 53 in force at 11.8.2022, see s. 56(1) S. 54 not in force at Royal Assent, see s. 56(2) S. 55 not in force at Royal Assent, see s. 56(2) S. 56 in force at 11.8.2022, see s. 56(2) S. 57 in force at 11.8.2022, see s. 56(2) Sch. 1 para. 1 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 2 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 3 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 4 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 5 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 6 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 7 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 8 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 9 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 10 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 11 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 12 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 13 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 14 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 15 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 16 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 17 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 18 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 19 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 20 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 21 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 22 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 23 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 24 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 25 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 26 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 27 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 28 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 29 not in force at Royal Assent, see s. 56(2) Sch. 1 para. 30 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 1 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 2 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 3 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 4 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 5 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 6 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 7 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 8 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 9 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 10 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 11 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 12 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 13 not in force at Royal Assent, see s. 56(2) Sch. 2 para. 14 not in force at Royal Assent, see s. 56(2) S. 1 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 2 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 20(1)(a) (2)(a) (3) in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 21 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 38(1) in force at 10.10.2022 for specified purposes by S.S.I. 2022/280 , reg. 2 , sch. S. 38(2) (3) in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 40 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 41 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 44 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 45 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 46 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 47 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 48(1)(b) (6) (7) (8) in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 49 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 54 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 55 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. Sch. 1 para. 25 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. Sch. 1 para. 28 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. Sch. 1 para. 30 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. Sch. 1 para. 9 in force at 10.10.2022 by S.S.I. 2022/280 , reg. 2 , sch. S. 34 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. S. 35 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. S. 36 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. S. 37 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. S. 38(1) in force at 6.6.2023 for specified purposes by S.S.I. 2023/99 , reg. 2 , sch. Sch. 1 para. 6 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. Sch. 1 para. 13 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. Sch. 1 para. 19 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. Sch. 1 para. 23 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. Sch. 1 para. 24 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. Sch. 1 para. 29 in force at 6.6.2023 by S.S.I. 2023/99 , reg. 2 , sch. S. 26 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 27 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 28 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 29 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 30 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 31 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 32 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 33 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. S. 38(1) in force at 22.6.2023 for specified purposes by S.S.I. 2023/176 , reg. 2 , sch. Sch. 1 para. 5 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. Sch. 1 para. 12 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. Sch. 1 para. 18 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch. Sch. 1 para. 22 in force at 22.6.2023 by S.S.I. 2023/176 , reg. 2 , sch.
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[uk-legislation-asp][asp] 2024-03-01 Hunting with Dogs (Scotland) Act 2023
http://www.legislation.gov.uk/asp/2023/1/2023-10-03
http://www.legislation.gov.uk/asp/2023/1/2023-10-03 Hunting with Dogs (Scotland) Act 2023 Statute Law Database 2024-02-08 Expert Participation 2023-10-03 Hunting with Dogs (Scotland) Act 2023 2023 asp 1 An Act of the Scottish Parliament to make provision about the prohibition of hunting wild mammals using dogs; to make provision about the prohibition of trail hunting; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th January 2023 and received Royal Assent on 7th March 2023 Part 1 Hunting a wild mammal using a dog Offences Offence of hunting a wild mammal using a dog 1 1 A person commits an offence if— a the person hunts a wild mammal using a dog, and b none of the exceptions in sections 3 , 5 , 6, 7, 8 or 9 apply. 2 A person who commits an offence under subsection (1) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). 3 In this Act— “ hunting ” includes, in particular, searching for and coursing (and related expressions are to be construed accordingly), “ wild mammal ” means any mammal (other than a human)— which— is living in a wild state, is of a species recognised as living in a wild state in the British Islands (as defined in schedule 1 of the Interpretation Act 1978), or has been deliberately released from temporary or permanent human control, and which is not— a rat, a mouse, or living under temporary or permanent human control. 4 In this Part, a person is “using a dog” when the hunting of a wild mammal by that person involves the use of a dog, even if the dog is not under that person’s control or direction (and related expressions are to be construed accordingly). Offences of knowingly causing or permitting another person to hunt using a dog 2 1 A person commits an offence if— a the person— i is an owner or occupier of land, and ii knowingly causes or permits another person to hunt a wild mammal using a dog on that land, and b none of the exceptions in sections 3 , 5 , 6, 7, 8 or 9 apply to the hunting. 2 A person commits an offence if— a the person— i owns or is responsible for a dog, and ii knowingly causes or permits another person to hunt a wild mammal using that dog, and b none of the exceptions in sections 3 , 5 , 6, 7, 8 or 9 apply to the hunting. 3 A person who commits an offence under subsection (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both). 4 It is a defence for a person charged with an offence under subsection (1) or (2) to show that the person reasonably believed that any of the exceptions in sections 3 , 5 , 6, 7, 8 or 9 applied to the hunting. 5 In this Part, an “owner” of land includes a person who— a manages or controls that land, or b is authorised to give permission for that land to be used for hunting. 6 In this Act, a person “is responsible for” a dog where the person— a is responsible for the dog on a temporary or permanent basis, b is in charge of the dog, or c has actual care and control of a person under the age of 16 years who is responsible for the dog under paragraph (a) or (b) . Exceptions to the offences Exception: management of wild mammals above ground 3 1 This section applies if— a a person is using a dog above ground to— i search for, stalk or flush from cover a wild mammal, with the intention of killing it for one or more of the purposes set out in subsection (2) , ii search for and retrieve a wild mammal which has been killed as a result of the activity mentioned in sub-paragraph (i) , and b the conditions set out in subsection (3) are met. 2 The purposes referred to in subsection (1) (a) (i) are— a preventing serious damage to livestock, woodland or crops, b preventing the spread of disease, c protecting human health. 3 The conditions referred to in subsection (1) (b) are that— a either— i the activity mentioned in subsection (1) (a) does not involve the use of more than two dogs, or ii the activity is carried out in accordance with a licence granted under section 4 , b any dog used in the activity is under control, c unless paragraph (a) (ii) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs, d permission for the activity has been given by the owner of the land on which the activity takes place, e the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible, f if an attempt to kill the wild mammal, as mentioned in paragraph (e) , results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering. Licence for use of more than two dogs in connection with section 3 4 1 A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in section 3 (1) (a) . 2 An application for a licence under subsection (1) must— a be made to the relevant authority, b be in such form as the relevant authority may require, c contain or be accompanied by such information as the relevant authority may require, which may in particular include— i the number of dogs for which permission is being sought, ii the number of guns intended to be deployed, d be accompanied by payment of such reasonable fee as the relevant authority may require. 3 The relevant authority must publicise any requirements which are for the time being set under subsection (2) (b) , (c) or (d) . 4 A licence under subsection (1) — a may be granted to a particular person or to a category of persons, b must relate to a particular species of wild mammal, c must not be granted unless the relevant authority is satisfied that there is no other solution which would be effective in achieving the purpose set out in section 3 (2) in relation to which the application for a licence is being made, d may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in section 3 (2) in relation to which the application for a licence is being made, e must require the deployment of the minimum number of guns which the relevant authority is satisfied would be effective for compliance with the conditions set out in section 3(3)(e) and (f) in relation to the activity for which the application for a licence is being made, f may be subject to compliance with such conditions as the relevant authority considers appropriate, which may include, in particular, reporting requirements in relation to activities carried out under the licence, g may be granted for a maximum period of 14 days, which must fall within a period of 6 consecutive months, h may be modified or revoked by the relevant authority at any time. 5 A licence under subsection (1) must specify— a the person or category of persons to whom it is granted, b the species of wild mammal to which it relates, c the area within which the searching for, stalking or flushing of that species of wild mammal may take place under the licence, d the maximum number of dogs which are permitted to be used, e the minimum number of guns (if any) which are required to be deployed, f any conditions to which the licence is subject, g the period of time for which the licence is valid. 6 In this section, “ relevant authority ” means— a the Scottish Ministers, or b where the Scottish Ministers have delegated their functions in relation to licences, Scottish Natural Heritage. Exception: management of foxes below ground 5 1 This section applies if— a a person is using a dog to— i search for a fox below ground, or ii flush a fox from below ground, with the intention of killing it for one or more of the purposes set out in subsection (2) , and b the conditions set out in subsection (3) are met. 2 The purposes referred to in subsection (1) (a) are— a preventing serious damage to livestock, woodland or crops, b preventing the spread of disease, c protecting human health, d relieving the suffering of an injured or dependent fox. 3 The conditions referred to in subsection (1) (b) are that— a the activity mentioned in subsection (1) (a) does not involve the use of more than one dog, b the dog used in the activity is— i under control, ii fitted with a device to allow tracking of the position of the dog below ground, c reasonable steps are taken— i to prevent the dog becoming trapped below ground, and ii if the dog becomes trapped below ground, to ensure that it is rescued as soon as reasonably possible, d permission for the activity has been given by the owner of the land on which the activity takes place, e no steps are taken to prevent the fox from being flushed or emerging from below ground, f if the fox which is being searched for or flushed is found or emerges from below ground, it is shot dead, or killed by a bird of prey, as soon as reasonably possible, g if an attempt to kill the fox, as mentioned in paragraph (f) , results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering. 4 In this section, “ dependent ” means that the mother of a fox is dead and it is too young to survive on its own. Exception: falconry, game shooting and deer stalking 6 1 This section applies if— a a person is using a dog above ground to— i search for, stalk or flush from cover a wild mammal, with the intention of providing quarry for falconry, game shooting or deer stalking, ii search for and retrieve a wild mammal which has been killed as a result of the activity mentioned in sub-paragraph (i) , and b the conditions set out in subsection (2) are met. 2 The conditions referred to in subsection (1) (b) are that— a the activity mentioned in subsection (1) (a) does not involve the use of more than two dogs, b any dog used in the activity is under control, c reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs, d permission for the activity has been given by the owner of the land on which the activity takes place, e the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible, f if an attempt to kill the wild mammal, as mentioned in paragraph (e) , results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering. 3 In this section— “ deer stalking ” means the stealthy approach of a deer in order to shoot it for sport, “ falconry ” means the use of a bird of prey to hunt for sport, “ game shooting ” means shooting wild mammals for sport, “ quarry ” means the wild mammal intended to be killed by a bird of prey or shot. Exception: relieving the suffering of injured wild mammals 7 1 This section applies if— a a person is using a dog above ground to search for, stalk or flush from cover a wild mammal which the person has reasonable grounds for believing is injured, with the intention of treating, capturing or killing it for the purpose of relieving its suffering, b the wild mammal was not deliberately injured for the purpose of allowing the activity mentioned in paragraph (a) to take place, and c the conditions set out in subsection (2) are met. 2 The conditions referred to in subsection (1)(c) are that— a the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs, b any dog used in the activity is under control, c reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs, d either— i permission for the activity has been given by the owner of the land on which the activity takes place, ii the person carrying out the activity is a constable exercising a power of entry, iii the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or iv the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996, e the wild mammal which is being searched for, stalked or flushed is, as soon as reasonably possible, either— i given treatment to reduce or alleviate its pain or discomfort before being allowed to escape without being pursued or killed, ii captured for the purpose of being given treatment to reduce or alleviate its pain or discomfort (whether at that place or at another place), iii shot dead, or iv observed and allowed to escape without being pursued or killed, f if an attempt to kill the wild mammal, as mentioned in paragraph (e)(iii), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering. Exception: searching for dead wild mammals 8 1 This section applies if— a a person is using a dog above ground to search for and retrieve a dead wild mammal, and b the conditions set out in subsection (2) are met. 2 The conditions referred to in subsection (1)(b) are that— a the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs, b any dog used in the activity is under control, c reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs, d either— i permission for the activity has been given by the owner of the land on which the activity takes place, ii the person carrying out the activity is a constable exercising a power of entry, iii the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or iv the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996, e reasonable steps are taken to ensure that no wild mammal is pursued, injured or killed. Exception: environmental benefit 9 1 This section applies if— a the person is using a dog above ground to— i search for, stalk or flush from cover a wild mammal, with the intention of killing, capturing or observing it as part of a scheme or plan for one or more of the purposes set out in subsection (2) , ii search for and retrieve a wild mammal which has been killed as a result of the activity referred to in sub-paragraph (i) , and b the conditions set out in subsection (3) are met. 2 The purposes referred to in subsection (1) (a) (i) are— a preserving, protecting or restoring a particular species (which may include controlling the number of a species for its welfare) for environmental benefit, b preserving, protecting or restoring the diversity of animal or plant life, c eradicating an invasive non-native species of wild mammal from an area. 3 The conditions referred to in subsection (1) (b) are that— a either— i the activity mentioned in subsection (1) (a) does not involve the use of more than two dogs, or ii the activity is carried out in accordance with a licence granted under section 10 , b any dog used in the activity is under control, c unless paragraph (a) (ii) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs, d either— i permission for the activity has been given by the owner of the land on which the activity takes place, ii the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or iii the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996, e the wild mammal which is being searched for, stalked or flushed is either— i captured (whether or not with the intention of subsequently releasing or relocating it) as soon as reasonably possible, ii shot dead, or killed by a bird of prey, as soon as reasonably possible, or iii observed and allowed to escape without being pursued, injured or killed, f if an attempt to kill the wild mammal, as mentioned in paragraph (e) (ii) , results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering. 4 In this section— “ invasive non-native species ” means a species— which is included on the Scottish list of species of special concern, or which is— not native to the area in which the activity mentioned in subsection (1) (a) takes place, and having or likely to have a significant adverse impact on biodiversity, the environment, social or economic interests or human or animal health, “ Scottish list of species of special concern ” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time. Licence for use of more than two dogs in connection with section 9 10 1 A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in section 9 (1) (a) . 2 An application for a licence under subsection (1) must— a be made to the relevant authority, b be in such form as the relevant authority may require, c contain or be accompanied by such information as the relevant authority may require, which may in particular include— i the number of dogs for which permission is being sought, ii the number of guns intended to be deployed, d be accompanied by payment of such reasonable fee as the relevant authority may require. 3 The relevant authority must publicise any requirements which are for the time being set under subsection (2) (b) , (c) or (d) . 4 A licence under subsection (1) — a may be granted to a particular person or to a category of persons, b must relate to a particular species of wild mammal, c must not be granted unless the relevant authority is satisfied— i that killing, capturing or observing the wild mammal will contribute towards a significant or long-term environmental benefit, and ii that there is no other solution which would be effective in achieving the purpose set out in section 9 (2) in relation to which the application for a licence is being made, d may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in section 9 (2) in relation to which the application for a licence is being made, e must require the deployment of the minimum number of guns which the relevant authority is satisfied would be effective for compliance with the conditions set out in section 9(3)(e) and (f) in relation to the activity for which the application for a licence is being made, f may be subject to compliance with such conditions as the relevant authority considers appropriate, which may include, in particular, reporting requirements in relation to activities carried out under the licence, g may be granted for a maximum period of two years, which must fall within a period of two consecutive years, h may be modified or revoked at any time by the relevant authority. 5 A licence under subsection (1) must specify— a the person or category of persons to whom it is granted, b the species of wild mammal to which it relates, c the area within which the searching for, stalking or flushing of that species of wild mammal may take place under the licence, d the maximum number of dogs which are permitted to be used, e the minimum number of guns (if any) which are required to be deployed, f any conditions to which the licence is subject, g the period of time for which the licence is valid. 6 In this section, “ relevant authority ” has the same meaning as in section 4 (6) . General provision on licences Delegation of functions in relation to licences 11 1 The Scottish Ministers may delegate their functions in relation to licences under sections 4 and 10 to Scottish Natural Heritage. 2 Any delegation must be made by written direction. 3 A direction may include provision allowing Scottish Natural Heritage to modify or revoke licences that were granted before the direction. 4 The Scottish Ministers may modify or revoke a direction. 5 If a direction is revoked, any licence granted while the direction was in force continues to have effect unless the revocation provides otherwise. Offence of providing false information to obtain a licence 12 1 A person commits an offence if the person knowingly or recklessly makes a false or misleading statement for the purposes of obtaining (either personally or for another person) a licence under section 4 or 10 . 2 A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). Review of operation of sections 4 and 10 13 1 The Scottish Ministers must review the operation of sections 4 and 10. 2 The first review under subsection (1) must be carried out no later than 31 December 2028. 3 The second and each subsequent review must be carried out no later than the expiry of the period of 5 years beginning with the date on which the last report on a review was published under subsection (5). 4 In carrying out a review, the Scottish Ministers must consult— a such persons as they consider have an interest in the operation of sections 4 and 10, and b such other persons as they consider appropriate. 5 As soon as reasonably possible after carrying out a review, the Scottish Ministers must— a lay a report on the review before the Scottish Parliament, and b publish the report in such manner as they consider appropriate. 6 A report under subsection (5) must set out— a the action (if any) that the Scottish Ministers intend to take as a result of the review (for example, proposing a change to the law), and b where the Scottish Ministers do not intend to take any action, their reasons for this. Part 2 Trail hunting Offences Offences relating to trail hunting 14 1 A person commits an offence if— a the person engages or participates in trail hunting, and b the exception in section 16 does not apply. 2 In this Part— “ trail hunting ” is the activity in which a dog is directed to find and follow an animal-based scent which has been laid for that purpose, “ animal-based scent ” means— a scent which is derived from a wild mammal, or a scent which mimics, replicates or resembles the scent of a wild mammal (or which is designed to do so), whether or not that scent is derived wholly or in part from artificial ingredients. 3 A person commits an offence if— a the person— i is an owner or occupier of land, and ii knowingly causes or permits another person to engage or participate in trail hunting on that land, and b the exception in section 16 does not apply to the trail hunting. 4 A person commits an offence if— a the person— i owns or is responsible for a dog, and ii knowingly causes or permits another person to use the dog for trail hunting, and b the exception in section 16 does not apply to the trail hunting. 5 A person who commits an offence under subsection (1) , (3) or (4) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both). 6 It is a defence for a person charged with an offence under subsection (3) or (4) to show that the person reasonably believed that the exception in section 16 applied to the trail hunting. 7 In this Part, an “owner” of land includes, in particular, a person who— a manages or controls that land, or b is authorised to give permission for that land to be used for trail hunting. Power to modify meaning of trail hunting 15 1 The Scottish Ministers may by regulations modify section 14 so as to include in the definition of trail hunting a scent other than an animal-based scent. 2 The Scottish Ministers may make regulations under subsection (1) only if they consider that modifying the definition of trail hunting would contribute towards the protection of wild mammals from unlawful hunting using dogs. 3 Regulations under subsection (1) are subject to the affirmative procedure. 4 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. 5 Regulations under subsection (1) may— a make different provision for different purposes, b modify— i this Part, ii section 19(1), 21(10), 22(13) or paragraph 1 of the schedule where such modification is consequential to the modification of this Part, c make incidental, supplementary, consequential, transitional, transitory or saving provision (including provision for exceptions to the offences in section 14). Exception to the offences Exception: training dogs to follow an animal-based scent 16 1 This section applies if— a a person— i directs a dog to find and follow an animal-based scent which has been laid for that purpose, or ii lays an animal-based scent for a dog to find and follow, in order to train a dog for a lawful purpose, and b all of the conditions set out in subsection (2) are met. 2 The conditions are that— a the activity mentioned in subsection (1) (a) does not involve more than two dogs, b any dog involved in the activity is under control, c reasonable steps are taken to ensure that any dog involved in the activity does not join with others to form a pack of more than two dogs, d permission for the activity has been given by the owner of the land on which the activity takes place, e reasonable steps are taken to ensure that no wild mammal is pursued, injured or killed. Part 3 Further provision relating to offences Enforcement Search of a person without warrant 17 If a constable has reasonable grounds for suspecting that a person has committed or is committing an offence under this Act, the constable may— a search that person without warrant, and detain the person for such time as is reasonably required to permit the search to be carried out, b search or examine any thing found in the course of a search, if the constable has reasonable grounds for suspecting that evidence of the commission of the offence is to be found in or on that thing, c seize any thing found in the course of a search which may be relevant to the commission of the offence. Powers of enforcement 18 The schedule makes further provision about the powers of constables for the purposes of and in connection with this Act. Proceedings Time limit for summary proceedings 19 1 Proceedings for an offence under section 2 (1) or (2) or section 14 (1) , (3) or (4) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge. 2 But no such proceedings may be brought more than 3 years— a after the commission of the offence, or b in the case of an offence involving a continuous contravention, after the last date on which the offence was committed. 3 A certificate signed by or on behalf of the prosecutor which states the date on which evidence referred to in subsection (1) came to the prosecutor’s knowledge is conclusive evidence of that fact, and such a certificate which purports to be so signed is to be treated as being so signed unless the contrary is proved. Individual culpability where organisation commits an offence 20 1 This section applies where— a an offence under this Act is committed by a relevant organisation, and b the commission of the offence— i involves consent or connivance on the part of a responsible individual, or ii is attributable to neglect on the part of a responsible individual. 2 The responsible individual (as well as the relevant organisation) commits the offence. 3 For the purposes of this section— “ relevant organisation ” means an organisation listed in the first column of the table in subsection (4), “ responsible individual ” means, in relation to a relevant organisation— an individual falling within the corresponding entry in the second column of the table in subsection (4), an individual purporting to act in the capacity of an individual falling within the corresponding entry. 4 The table is as follows— Organisation Individual Company as mentioned in section 1 of the Companies Act 2006 Director, manager, secretary or other similar officer, or, where the company’s affairs are managed by its members, member Limited liability partnership Member Other partnership Partner Any other body or association Individual who is concerned in the management or control of its affairs Court orders Deprivation orders 21 1 Where a person is convicted of a relevant offence, the convicting court may make an order (in this Part referred to as a “ deprivation order ”) in respect of any dog or horse used in or present at the commission of the offence. 2 A deprivation order is an order— a depriving a person of possession or ownership (or both) of a dog or horse, and b for— i the destruction, ii the sale, or iii another disposal, of the dog or horse. 3 The court may not make— a a deprivation order which involves the destruction of a dog or horse unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the dog or horse, b any other deprivation order unless it has considered the need to ensure the welfare of the dog or horse. 4 Where the court decides not to make a deprivation order in relation to a relevant offence, it must state its reasons unless it makes a disqualification order under section 22 in relation to the offence. 5 A deprivation order may be made in addition to, or instead of, any other penalty or order which may be imposed in relation to a relevant offence. 6 A deprivation order may make provision in respect of any dependent offspring of a dog or horse to which it applies. 7 A deprivation order may include— a provision— i appointing a person who is to secure that the order is carried out, ii requiring any person possessing a dog or horse to which the order applies to give it up to a person appointed under sub-paragraph (i) , b provision authorising— i a person appointed under paragraph (a) (i) , and ii any person acting on that person’s behalf, to enter any premises where a dog or horse to which the order applies is kept, for the purposes of securing that the order is carried out, c such other provision as the court considers appropriate in connection with the order. 8 Provision under subsection (7) (c) may in particular— a require reimbursement of— i any expenses reasonably incurred in carrying out the order, ii if the dog or horse was seized by a constable under paragraph 4 (b) or 5 (2) (b) of the schedule, any expenses reasonably incurred in relation to it since it was seized, b relate to the retention of the proceeds of any sale. 9 Before making a deprivation order, the court must give the owner of the dog or horse concerned an opportunity to make representations unless it is not practicable for the court to do so. 10 In this section, “ relevant offence ” means— a an offence under section 1 (1) , b an offence under section 2 (2) , c an offence under section 14 (1) or (4) , d an offence under section 22 (10) committed by reason of owning or keeping a dog. Disqualification orders 22 1 Where a person is convicted of a relevant offence, the convicting court may make an order (in this Part referred to as a “ disqualification order ”) which imposes on the person one or more of the disqualifications specified in subsection (2) . 2 Those are disqualification from— a owning or keeping a dog (or both), b transporting a dog, c working with or using a dog (or both), d providing any service relating to dogs (including, in particular, for their care) which involves taking possession of a dog, e taking possession of a dog for the purpose of an activity in respect of which a disqualification mentioned in paragraphs (a) to (d) is imposed, f taking charge of a dog for any, or any other, purpose. 3 For the purposes of subsections (1) and (2) , disqualification in respect of an activity includes disqualification from any participation in the activity including in particular— a making arrangements in connection with the activity, b being party to arrangements under which the activity may be controlled or influenced, c being concerned (so far as relating to the activity) in the management or control of a body whose business involves the activity. 4 However, disqualification by reference to subsection (2) (f) does not include disqualification from taking charge of a dog for so long as is necessary in the circumstances for the purpose of alleviating any suffering of the dog, if no alternative arrangements for its care are reasonably available. 5 Where the court decides— a to make a disqualification order in relation to an offender’s first conviction for a relevant offence, or b not to make a disqualification order in relation to a relevant offence, it must state its reasons. 6 A disqualification order may be made in addition to any other penalty or order which may be imposed in relation to a relevant offence. 7 A disqualification order which imposes disqualification from owning or keeping a dog may be framed so as to provide that the disqualification is from owning or keeping— a more than a specified number of dogs, b dogs of a specified kind. 8 A disqualification order— a has effect for such period as may be specified in the order, b may specify a period within which an application under section 24 for termination or variation of the order may not be made. 9 The court may suspend the operation of a disqualification order— a for such period as it considers necessary for enabling arrangements to be made for the keeping of any dog to which the order applies, b pending an appeal. 10 A person commits an offence if the person breaches a disqualification order. 11 A person who commits an offence under subsection (10) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 12 If a disqualification order framed as described in subsection (7) (a) is breached, the breach is to be regarded as having occurred in relation to all of the dogs concerned (that is, without restriction by reference to the maximum number specified) for the purpose of— a any proceedings for an offence under subsection (10) , b the making of— i a deprivation order, ii a seizure order under section 23 . 13 In this section, a “relevant offence” is— a an offence under section 1 (1) , b an offence under section 2 (2) , c an offence under section 14 (1) or (4) , d an offence under subsection (10) . Seizure orders where disqualification breached 23 1 Where the court is satisfied that a person who is subject to a disqualification order owns or keeps a dog in breach of the order, the court may make an order (in this Part referred to as a “ seizure order ”) in respect of any dog which the person owns or keeps in breach of the disqualification order. 2 A seizure order may be made— a on summary application by a constable or prosecutor, b even if proceedings have not been, or are not likely to be, taken against the person for an offence under section 22 (10) . 3 A seizure order is an order— a depriving a person of possession or ownership (or both) of a dog, and b for— i the destruction, ii the sale, or iii another disposal, of the dog. 4 The court may not make— a a seizure order which involves the destruction of a dog unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the dog, b any other seizure order unless it has considered the need to ensure the welfare of the dog. 5 A seizure order may include— a provision— i appointing a person who is to secure that the order is carried out, ii requiring any person possessing a dog to which the order applies to give it up to a person appointed under sub-paragraph (i) , b provision authorising— i a person appointed under paragraph (a) (i) , and ii any person acting on that person’s behalf, to enter any premises where a dog to which the order applies is kept, for the purposes of securing that the order is carried out, c such other provision as the court considers appropriate in connection with the order. 6 Provision under subsection (5) (c) may in particular— a require reimbursement of— i any expenses reasonably incurred in carrying out the order, ii if the dog was seized by a constable under paragraph 4 (b) or 5 (2) (b) of the schedule, any expenses reasonably incurred in relation to it since it was seized, b relate to the retention of the proceeds of any sale. 7 Before making a seizure order, the court must give the owner of the dog concerned an opportunity to make representations unless it is not practicable for the court to do so. 8 In determining whether or how to make a seizure order, the court must have regard to the desirability of— a protecting the value of any dog to which the order applies, and b avoiding increasing any expenses which a person may be required to reimburse. 9 When an application is made under subsection (2) (a) , the court may make an order under this subsection (an “interim order”) containing such provision as the court considers appropriate in relation to the keeping of a dog until the application is finally determined. 10 Subsections (5) , (6) (a) and (8) apply in relation to an interim order as they apply in relation to a seizure order. Termination or variation of disqualification 24 1 A person who is subject to a disqualification order may request the court which made the order to terminate or vary the order. 2 An application under subsection (1) may not be made— a before the expiry of the period of one year beginning with the date on which the order was made, b where there has been a previous application under that subsection in relation to the same order, before the expiry of the period of one year beginning with the date on which the previous application was determined, or c within any period specified under— i section 22 (8) (b) , or ii subsection (5) . 3 On an application under subsection (1) , the court may— a refuse the application, b terminate the disqualification order, or c vary the disqualification order so as to relax any disqualification imposed by it. 4 In considering the application, the court must have particular regard to— a the nature of the offence in relation to which the disqualification order was made, b the character of the applicant, and c the applicant’s conduct since the order was made. 5 Where the court refuses an application made under subsection (1) , the court may specify a period within which the applicant may not make a further application under that subsection in relation to the same order. Appeals against orders 25 1 Any deprivation order or disqualification order is, for the purposes of any appeal under the Criminal Procedure (Scotland) Act 1995, to be treated as a sentence. 2 Where a deprivation order is made, any person (apart from a person who may appeal against the order by virtue of subsection (1) ) who has an interest in any dog or horse to which the order applies may appeal to the Sheriff Appeal Court against the order by the same procedure as applies under subsection (1) in relation to a deprivation order. 3 The disqualified person by reference to whom a seizure order is made, or any person (apart from that disqualified person) who entered the process prior to the making of the order, may appeal to the Sheriff Appeal Court against the order. 4 The operation of any deprivation order or seizure order is suspended until— a any period for an appeal against the order has expired, b the period for an appeal against the conviction on which the order depends has expired, and c any appeal against the order or that conviction has been withdrawn or finally determined. 5 Where the operation of a deprivation order or seizure order is suspended under subsection (4) , or such an order cannot be carried out because decree has not been extracted, the court which made the order may make an order under this subsection (an “interim order”) containing such provision as the court considers appropriate in relation to the keeping of a dog or horse for so long as the deprivation order or seizure order remains suspended or incapable of being carried out. 6 An interim order may in particular— a make provision— i appointing a person who is to secure that the interim order is carried out, ii requiring any person possessing a dog or horse to which the interim order applies to give it up to a person appointed under sub-paragraph (i) , b make provision authorising— i a person appointed under paragraph (a) (i) , and ii any person acting on that person’s behalf, to enter any premises where a dog or horse to which the interim order applies is kept, for the purposes of securing that the interim order is carried out, c for reimbursement of— i any expenses reasonably incurred in carrying out the interim order, ii if the dog or horse was seized by a constable under paragraph 4 (b) or 5 (2) (b) of the schedule, any expenses reasonably incurred in relation to it since it was seized. 7 In determining whether or how to make an interim order, the court must have regard to the desirability of— a protecting the value of any dog or horse to which the order applies, and b avoiding increasing any expenses which a person may be required to reimburse. 8 Where the operation of a deprivation order is suspended under subsection (4) , a person commits an offence if the person sells or otherwise parts with a dog or horse to which the order applies. 9 A person who commits an offence under subsection (8) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). Part 4 General provisions Ancillary provision 26 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under this section may— a make different provision for different purposes, b modify any enactment (including this Act). 3 Regulations under this section— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of this or any other Act, b otherwise, are subject to the negative procedure. Interpretation 27 In this Act— “ animal ” means a vertebrate (other than a human) or an invertebrate, “ carcase ” means the carcase of an animal and includes part of a carcase, and the meat, bones, hide, skin, hooves, offal or other part of an animal, separately or otherwise, or any portion of such a thing, “ constable ” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012, “ cover ” means a place above ground in which a wild mammal may be concealed from sight, but does not include an enclosed place from which a wild mammal could not be flushed, “ deprivation order ” has the meaning given by section 21 (1) , “ disqualification order ” has the meaning given by section 22 (1) , “ hunting ” is to be construed in accordance with section 1 (3) , “ livestock ” means cattle, sheep, goats, swine, horses, camelids, ratites, farmed deer, enclosed game birds or poultry, and for the purposes of this definition— “ cattle ” means bulls, cows, oxen, buffalo, heifers or calves, “ horses ” includes donkeys and mules, “ farmed deer ” means deer of any species which are on agricultural land enclosed by a deer-proof barrier and kept by way of business for the primary purpose of meat production, “ enclosed game birds ” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan that are being kept enclosed prior to their release for sporting purposes, “ poultry ” means domestic fowls, turkeys, geese or ducks, “ premises ” has the meaning given by paragraph 1 of the schedule, “ relevant authority ” has the meaning given by section 4 (6) , “ responsible for ”, in relation to a dog, is to be construed in accordance with section 2 (6) , “ seizure order ” has the meaning given by section 23 (1) , “ under control ”, in relation to a dog, means that a person who is responsible for the dog is able to direct the dog’s activity by physical contact or verbal or audible command, “ veterinary surgeon ” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966, “ wild mammal ” has the meaning given by section 1 (3) , “ woodland ” means land on which trees are grown, whether or not commercially, and includes any such trees and any vegetation planted or growing naturally among such trees on that land. Repeal of the Protection of Wild Mammals (Scotland) Act 2002 and consequential modifications 28 1 The Protection of Wild Mammals (Scotland) Act 2002 is repealed. 2 In section 17(4) of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (information sharing report) after paragraph (h) insert— i the Hunting with Dogs (Scotland) Act 2023. . Crown application: criminal offences 29 1 Nothing in this Act makes the Crown criminally liable. 2 The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1). 3 Subsection (1) does not affect the criminal liability of persons in the service of the Crown. Crown application: powers of entry 30 1 A power of entry conferred by or under this Act is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”). Crown land Appropriate authority Land an interest in which belongs to His Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners) The Crown Estate Commissioners Land an interest in which belongs to His Majesty in right of the Crown and which forms part of the Scottish Crown Estate The person managing the land Land an interest in which belongs to His Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown Estate The office-holder in the Scottish Administration or, as the case may be, the Government department managing the land Land an interest in which belongs to His Majesty in right of His private estates The person appointed by His Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers Land an interest in which belongs to an office-holder in the Scottish Administration The office-holder in the Scottish Administration Land an interest in which belongs to a Government department The Government department Land an interest in which is held in trust for His Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration The office-holder in the Scottish Administration Land an interest in which is held in trust for His Majesty for the purposes of a Government department The Government department 2 In subsection (1)— a the reference to His Majesty’s private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862, b “ Government department ” means a department of the Government of the United Kingdom, c “ Scottish Crown Estate ” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies. 3 It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (1) is the appropriate authority in relation to any land, and their decision is final. Commencement 31 1 This section and sections 26 and 32 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 32 The short title of this Act is the Hunting with Dogs (Scotland) Act 2023. Schedule Enforcement powers (introduced by section 18 ) Interpretation 1 In this schedule— “ domestic premises ”— means premises, or a part of premises, used (or used for the time being) exclusively as a dwelling-house, and includes any land or structure— belonging to or usually enjoyed with the dwelling-house, or adjacent to and for the time being enjoyed with the dwelling-house, “ premises ” includes— land, any other place, including— a vehicle or vessel, a tent or other moveable structure, “ relevant offence ” means— an offence under section 1 (1) , an offence under section 2 (1) or (2) , an offence under section 12 (1) , an offence under section 14 (1) , (3) or (4) , an offence under section 22 (10) , an offence under section 25 (8) , “ relevant power ” means a power conferred on a constable by— a provision of this schedule, or a warrant granted under a provision of this schedule. Entry and associated powers 2 A constable may enter any premises (other than domestic premises)— a if there are reasonable grounds for suspecting that a relevant offence has been or is being committed at the premises, and b for the purpose of ascertaining whether or not a relevant offence has been or is being committed at the premises. 3 1 A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied— a that there are reasonable grounds for suspecting— i that a relevant offence has been or is being committed at any premises, or ii that evidence of the commission of, or participation in, a relevant offence is to be found at any premises, and b that sub-paragraph (2) or (3) applies. 2 This sub-paragraph applies if— a admission to the premises has been refused or such a refusal may reasonably be expected, and b either— i notice of the intention to seek a warrant has been given to the occupier of the premises, or ii the giving of such notice would frustrate the purpose for which the warrant is sought. 3 This sub-paragraph applies if— a the premises are unoccupied, or b the occupier is temporarily absent. 4 A warrant under paragraph 3(1) authorises a constable— a to enter the premises, b to search for, examine and seize any animal (including the carcase of an animal), vehicle, equipment, document or other thing tending to provide evidence of the commission of, or participation in, a relevant offence. 5 1 A constable may exercise the powers in sub-paragraph (2) without a warrant under paragraph 3 (1) if— a it appears to the constable that any delay would frustrate the purpose for which the powers are to be exercised, and b the premises are not domestic premises. 2 The powers are— a to enter premises, b to search for, examine and seize any animal (including the carcase of an animal), vehicle, equipment, document or other thing tending to provide evidence of the commission of, or participation in, a relevant offence. 6 The power to seize an animal or vehicle under paragraph 4 (b) or 5 (2) (b) may only be exercised— a where the animal or vehicle is in the possession or control of a person who the constable has reasonable grounds for suspecting has committed or is committing a relevant offence, and b where the constable considers it appropriate to seize the animal or vehicle for the purposes of— i enabling the animal or vehicle to be used in proceedings for a relevant offence, or ii enabling the animal or vehicle to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995. 7 1 A thing seized in exercise of the power in paragraph 4 (b) or 5 (2) (b) must be returned when retention of it is no longer justified for the purposes of— a enabling it to be used in proceedings for a relevant offence, or b enabling it to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995. 2 Sub-paragraph (1) does not apply to perishable things which no longer have any commercial value. Stopping and detaining vehicles or vessels 8 1 A constable in uniform may stop and detain a vehicle or vessel for the purpose of the exercise of a relevant power. 2 A vehicle or vessel may be detained under sub-paragraph (1) for so long as it is reasonably required for the purpose of the exercise of the power concerned. 3 The power concerned may be exercised either at the place where the vehicle or vessel was first detained or nearby. 4 In this paragraph, “ vehicle ” includes caravan (within the meaning of section 29(1) of the Caravan Sites and Control of Development Act 1960). Entry and associated powers: supplementary 9 A warrant granted under paragraph 3 (1) expires when it is no longer required for the purpose for which it is granted. 10 A constable exercising a relevant power must do so at a reasonable time unless it appears to the constable that the purpose of exercising the power would be frustrated by exercising it at such a time. 11 A constable may, if necessary, use reasonable force when exercising a relevant power. 12 A constable exercising a relevant power must produce evidence of the constable’s authority if asked to do so. 13 1 A relevant power includes power to take onto premises— a such persons for assistance as are required for the purpose of exercising the power, and b such equipment as is required for that purpose. 2 A relevant power includes power to do or secure the doing of any of the following— a the carrying out of tests on, and taking of samples from— i an animal (including the carcase of an animal), ii any equipment, substance or thing, b the identifying of an animal by use of a mark, microchip or any other method of identification. 14 1 A person mentioned in sub-paragraph (2) must— a comply with any reasonable direction made by a constable exercising a relevant power, and b in particular, give the constable such information and assistance as the constable may reasonably require. 2 The persons are— a the occupier of premises in relation to which a relevant power is being exercised, b a person who, in relation to an animal at the premises, appears— i to be the owner of the animal, ii to be responsible for the animal on a temporary or permanent basis, iii to be in charge of the animal, iv to have actual care and control of a person under the age of 16 years who is responsible for the animal, c a person who appears to be under the direction or control of a person mentioned in paragraph (a) or (b) . 15 A constable exercising a relevant power in relation to unoccupied premises must leave the premises as effectively secured against entry as the constable found them. Offences 16 1 A person commits an offence if the person contravenes paragraph 14 (1) without reasonable excuse. 2 A person commits an offence if the person intentionally obstructs a constable in the exercise of a relevant power. 3 A person who commits an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Powers of constables under this schedule 17 The powers conferred on constables by this schedule do not affect any powers conferred on constables apart from this schedule. S. 1 not in force at Royal Assent, see s. 31(2) S. 2 not in force at Royal Assent, see s. 31(2) S. 3 not in force at Royal Assent, see s. 31(2) S. 4 not in force at Royal Assent, see s. 31(2) S. 5 not in force at Royal Assent, see s. 31(2) S. 6 not in force at Royal Assent, see s. 31(2) S. 7 not in force at Royal Assent, see s. 31(2) S. 8 not in force at Royal Assent, see s. 31(2) S. 9 not in force at Royal Assent, see s. 31(2) S. 10 not in force at Royal Assent, see s. 31(2) S. 11 not in force at Royal Assent, see s. 31(2) S. 12 not in force at Royal Assent, see s. 31(2) S. 13 not in force at Royal Assent, see s. 31(2) S. 14 not in force at Royal Assent, see s. 31(2) S. 15 not in force at Royal Assent, see s. 31(2) S. 16 not in force at Royal Assent, see s. 31(2) S. 17 not in force at Royal Assent, see s. 31(2) S. 18 not in force at Royal Assent, see s. 31(2) S. 19 not in force at Royal Assent, see s. 31(2) S. 20 not in force at Royal Assent, see s. 31(2) S. 21 not in force at Royal Assent, see s. 31(2) S. 22 not in force at Royal Assent, see s. 31(2) S. 23 not in force at Royal Assent, see s. 31(2) S. 24 not in force at Royal Assent, see s. 31(2) S. 25 not in force at Royal Assent, see s. 31(2) S. 26 in force at 8.3.2023, see s. 31(1) S. 27 not in force at Royal Assent, see s. 31(2) S. 28 not in force at Royal Assent, see s. 31(2) S. 29 not in force at Royal Assent, see s. 31(2) S. 30 not in force at Royal Assent, see s. 31(2) S. 31 in force at 8.3.2023, see s. 31(1) S. 32 in force at 8.3.2023, see s. 31(1) Sch. para. 1 not in force at Royal Assent, see s. 31(2) Sch. para. 2 not in force at Royal Assent, see s. 31(2) Sch. para. 3 not in force at Royal Assent, see s. 31(2) Sch. para. 4 not in force at Royal Assent, see s. 31(2) Sch. para. 5 not in force at Royal Assent, see s. 31(2) Sch. para. 6 not in force at Royal Assent, see s. 31(2) Sch. para. 7 not in force at Royal Assent, see s. 31(2) Sch. para. 8 not in force at Royal Assent, see s. 31(2) Sch. para. 9 not in force at Royal Assent, see s. 31(2) Sch. para. 10 not in force at Royal Assent, see s. 31(2) Sch. para. 11 not in force at Royal Assent, see s. 31(2) Sch. para. 12 not in force at Royal Assent, see s. 31(2) Sch. para. 13 not in force at Royal Assent, see s. 31(2) Sch. para. 14 not in force at Royal Assent, see s. 31(2) Sch. para. 15 not in force at Royal Assent, see s. 31(2) Sch. para. 16 not in force at Royal Assent, see s. 31(2) Sch. para. 17 not in force at Royal Assent, see s. 31(2) S. 28 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 30 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 1 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 2 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 3 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 4 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 5 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 6 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 7 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 8 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 9 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 10 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 11 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 12 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 13 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 14 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 15 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 16 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 17 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 18 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 19 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 20 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 21 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 22 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 23 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 24 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 25 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 27 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 S. 29 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 1 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 2 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 3 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 4 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 5 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 6 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 7 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 8 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 9 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 10 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 11 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 12 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 13 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 14 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 15 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 16 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2 Sch. para. 17 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2
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[uk-legislation-asp][asp] 2024-03-01 Non-Domestic Rates (Coronavirus) (Scotland) Act 2022
http://www.legislation.gov.uk/asp/2022/7/2022-07-29
http://www.legislation.gov.uk/asp/2022/7/2022-07-29 Non-Domestic Rates (Coronavirus) (Scotland) Act 2022 2022-08-15 Statute Law Database 2022-07-29 Non-Domestic Rates (Coronavirus) (Scotland) Act 2022 2022 asp 7 An Act of the Scottish Parliament to make provision about the effect of coronavirus on the calculation of the net annual value and rateable value of lands and heritages for the purpose of non-domestic rates. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 21st June 2022 and received Royal Assent on 28th July 2022 Effect of coronavirus on net annual values and rateable values of lands and heritages 1 1 In calculating the net annual value or rateable value of any lands and heritages in respect of which a relevant determination is made, no account is to be taken of any matter occurring on or after 2 April 2020 that is (whether directly or indirectly) attributable to coronavirus. 2 But subsection (1) does not apply to taking account of the physical state of the lands and heritages in respect of which the relevant determination is made, including whether that state affects the mode or category of occupation of the lands or heritages. 3 For the purposes of subsection (1), where a matter attributable to coronavirus first occurs before 2 April 2020 and continues to occur on or after 2 April 2020, no account is to be taken of that matter from on or after 2 April 2020. 4 For the purposes of this section, a “relevant determination”— a means a calculation of the net annual value, altered net annual value, rateable value or altered rateable value of any lands and heritages, or some part of lands and heritages, for the purposes of any entry in the valuation roll, but b does not include a determination as to whether any lands and heritages, or some part of lands and heritages, are or are not to be included in the valuation roll. 5 For the purposes of this section, matters that are attributable to coronavirus include (but are not limited to)— a anything done by any person— i with a view to compliance with any legislation which concerns the incidence or spread of coronavirus, ii with a view to compliance with any legislation for reasons relating to the incidence or spread of coronavirus, or iii in response to, or otherwise in consequence of, any advice or guidance given by a public authority relating to the incidence or spread of coronavirus, and b any change— i in the rent of the lands and heritages in respect of which a relevant determination is made (or any other lands and heritages) that is attributable to coronavirus, or ii in the level of valuations generally or in the value of lands and heritages generally that is attributable to coronavirus. Alteration of valuation roll 2 1 The assessor for each valuation area must, in respect of that area— a apply the rule imposed by section 1(1) to the valuation roll, and b make any resulting change to the net annual value or the rateable value of any lands and heritages. 2 This section applies both— a while the valuation roll is in force, and b after the valuation roll ceases to be in force. Interpretation 3 In this Act— “ assessor ” means an assessor appointed under section 27(2) of the Local Government etc. (Scotland) Act 1994 and includes a depute assessor, “ coronavirus ” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), “ lands and heritages ” is to be construed in accordance with section 42 of the Lands Valuation (Scotland) Act 1854, “ net annual value ”, in relation to lands and heritages, means— in the case of part residential subjects, the net annual value entered in the valuation roll made up under section 1 of the Local Government (Scotland) Act 1975 for a particular date on or after 2 April 2020 and apportioned to the non-residential use of those subjects, and in any other case, the net annual value entered in that valuation roll for a particular date on or after 2 April 2020 in respect of those lands and heritages, and includes a net annual value so entered with retrospective effect, “ rateable value ”, in relation to lands and heritages, means— in the case of part residential subjects, the rateable value entered in the valuation roll made up under section 1 of the Local Government (Scotland) Act 1975 for a particular date on or after 2 April 2020 and apportioned to the non-residential use of those subjects, and in any other case, the rateable value entered in that valuation roll for a particular date on or after 2 April 2020 in respect of those lands and heritages, and includes a rateable value so entered with retrospective effect, “ valuation roll ” means a valuation roll made up on 1 April 2017 and maintained by the assessor for each valuation area under Part 1 of the Local Government (Scotland) Act 1975. Revocation of the Valuation and Rating (Coronavirus) (Scotland) Order 2021 4 The Valuation and Rating (Coronavirus) (Scotland) Order 2021 ( S.S.I. 2021/445 ) is revoked. Commencement 5 This Act comes into force on the day after Royal Assent. Short title 6 The short title of this Act is the Non-Domestic Rates (Coronavirus) (Scotland) Act 2022. S. 1 in force at 29.7.2022, see s. 5 S. 2 in force at 29.7.2022, see s. 5 S. 3 in force at 29.7.2022, see s. 5 S. 4 in force at 29.7.2022, see s. 5 S. 5 in force at 29.7.2022, see s. 5 S. 6 in force at 29.7.2022, see s. 5
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[uk-legislation-asp][asp] 2024-03-01 Budget (Scotland) Act 2022
http://www.legislation.gov.uk/asp/2022/3/2023-03-30
http://www.legislation.gov.uk/asp/2022/3/2023-03-30 Budget (Scotland) Act 2022 Statute Law Database 2023-12-03 Expert Participation 2023-03-30 Budget (Scotland) Act 2022 2022 asp 3 An Act of the Scottish Parliament to make provision, for financial year 2022/23, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for the maximum amounts of borrowing by certain statutory bodies and for authorising the payment of sums out of the Fund; to make provision, for financial year 2023/24, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 10th February 2022 and received Royal Assent on 23rd March 2022 PART 1 Financial year 2022/23 Use of resources etc. The Scottish Administration 1 1 The Scottish Administration may use resources in financial year 2022/23 for the purposes specified in column 1 of schedule 1 — a in the case of resources other than accruing resources, up to the amounts specified in the corresponding entries in column 2 of that schedule, b in the case of accruing resources, up to the amounts specified in the corresponding entries in column 3 of that schedule. 2 Despite paragraphs (a) and (b) of subsection (1) , the resources which may be used for a purpose specified in column 1 may exceed the amount specified in the corresponding entry in column 2 or (as the case may be) column 3 if— a in the case of resources other than accruing resources, the first condition is met, b in the case of accruing resources, the second condition is met. 3 The first condition is that the total resources (other than accruing resources) used in financial year 2022/23 for all purposes specified in column 1 does not exceed the total of the amounts specified in column 2. 4 The second condition is that the total accruing resources used in financial year 2022/23 for all purposes specified in column 1 does not exceed the total of the amounts specified in column 3. Direct-funded bodies 2 1 A direct-funded body may use resources in financial year 2022/23 for the purposes specified in column 1 of schedule 2 in relation to the body. 2 Resources other than accruing resources may be used for those purposes up to the amounts specified in the corresponding entries in column 2 of that schedule. 3 Accruing resources may be used for those purposes up to the amounts specified in the corresponding entries in column 3 of that schedule. Borrowing by statutory bodies 3 In schedule 3 , the amounts set out in column 2 are the amounts specified for financial year 2022/23 for the purposes of the enactments listed in the corresponding entries in column 1 (which make provision as to the net borrowing of the statutory bodies mentioned in that column). The Scottish Consolidated Fund Overall cash authorisations 4 1 For the purposes of section 4(2) of the PFA Act 2000, the overall cash authorisations for financial year 2022/23 are as follows. 2 In relation to the Scottish Administration, £50,569,623,000 . 3 In relation to the direct-funded bodies— a the Scottish Parliamentary Corporate Body, £110,107,000 , b Audit Scotland, £11,172,000 . Contingency payments 5 1 This section applies where, in financial year 2022/23, it is proposed to pay out of the Scottish Consolidated Fund under section 65(1)(c) of the Scotland Act 1998— a for or in connection with expenditure of the Scottish Administration, a sum which does not fall within the amount specified in section 4 (2) in relation to it, or b for or in connection with expenditure of a direct-funded body, a sum which does not fall within the amount specified in section 4 (3) in relation to the body. 2 The sum may be paid out of the Fund only if its payment is authorised by the Scottish Ministers. 3 The Scottish Ministers may authorise payment of the sum only if they consider that— a the payment is necessarily required in the public interest to meet urgent expenditure for a purpose falling within section 65(2) of the Scotland Act 1998, and b it is not reasonably practicable, for reasons of urgency, to amend the overall cash authorisation by regulations under section 7 . 4 But the Scottish Ministers must not authorise payment of the sum if it would result in an excess of sums paid out of the Fund over sums paid into the Fund. 5 The aggregate amount of the sums which the Scottish Ministers may authorise to be paid out of the Fund under this section must not exceed £50,000,000. 6 Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Scottish Parliament a report setting out the circumstances of the authorisation and why they considered it to be necessary. PART 2 Financial year 2023/24 Emergency arrangements 6 1 This section applies if, at the beginning of financial year 2023/24, there is no overall cash authorisation for that year for the purposes of section 4(2) of the PFA Act 2000. 2 Until there is in force a Budget Act providing such authorisation, there is to be taken to be an overall cash authorisation for each calendar month of that year in relation to each of— a the Scottish Administration, b the direct-funded bodies, of an amount determined under subsection (3) . 3 That amount is whichever is the greater of— a one-twelfth of the amount specified in section 4 (2) or (3) in relation to the Scottish Administration or (as the case may be) the direct-funded body in question, b the amount paid out of the Scottish Consolidated Fund under section 65(1)(c) of the Scotland Act 1998 in the corresponding calendar month of financial year 2022/23 for or in connection with expenditure of the Scottish Administration or (as the case may be) that direct-funded body. 4 Section 4 of the PFA Act 2000 has effect accordingly. 5 This section is subject to any provision made by a Budget Act for financial year 2023/24. PART 3 Miscellaneous Amendment and repeal Budget revision regulations 7 1 The Scottish Ministers may by regulations amend— a the amounts specified in section 4 (2) and (3) , b schedules 1 to 3 . 2 Regulations under this section are subject to the affirmative procedure. Repeal of spent provisions 8 Part 2 (financial year 2022/23) of the Budget (Scotland) Act 2021 is repealed. Final provisions Interpretation 9 1 In this Act, the “ PFA Act 2000 ” means the Public Finance and Accountability (Scotland) Act 2000. 2 References in this Act to accruing resources in relation to the Scottish Administration or a direct-funded body are to such resources accruing to the Administration or (as the case may be) that body in financial year 2022/23. 3 References in this Act to the direct-funded bodies are to the bodies listed in section 4 (3) (and references to a direct-funded body are to either of those bodies). 4 Except where otherwise expressly provided, expressions used in this Act and in the PFA Act 2000 have the same meanings in this Act as they have in that Act. Commencement 10 This Act comes into force on the day after Royal Assent. Short title 11 The short title of this Act is the Budget (Scotland) Act 2022. SCHEDULE 1 The Scottish Administration (introduced by section 1 ) Purposes Amount of resources, other than accruing resources (£) Amount of accruing resources (£) 1. Through their Health and Social Care portfolio, for use by the Scottish Ministers on: operational and administrative costs; hospital and community health services; family health services, including local GP practices, pharmacy, dental and ophthalmic services; community care; mental health services; capital investment; health and social care integration outcomes framework; delivery of services by digital means and communication; care, support and rights; social care support; early years; other health and social care services; the Independent Living Fund Scotland; the Mental Welfare Commission for Scotland; Social Care and Social Work Improvement Scotland; the Scottish Sports Council; ; Active Healthy Lives. 17,895,802,000 3,000,000,000 2. Through their Social Justice, Housing and Local Government portfolio, for use by the Scottish Ministers on: operational and administrative costs; financial support to local authorities, including the guaranteed combined general revenue grant and distributable non-domestic rates income; a general capital grant and other local authority revenue and capital grants for specific purposes, including the Transfer of the Management of Development Funding and the Vacant and Derelict Land Fund; housing support grant; other services, including discretionary payments under the Bellwin scheme covering floods, storms and other emergencies; funding to support research and the development and design of local taxation and local government governance; grant assistance and funding of strategic programmes to create the best conditions for the third sector and volunteering to thrive; building standards; housing subsidies and guarantees; repayment of debt and associated costs; other expenditure, contributions and grants relating to housing; activities relating to homelessness; research and publicity and other portfolio services; grants to local authorities and registered social landlords; loans to individuals; participatory budgeting; social justice activities, including tackling poverty and inequality with a particular focus on child poverty; grants and loans to organisations; funding for advice and advocacy services; funding to support the design, development and implementation of social security powers; funding for Social Security Scotland; funding for the Scottish Commission on Social Security; funding of payments of social security assistance; funding to tackle poverty; grant assistance; funding of strategic contracts; expenditure relating to equality and human rights issues, including grants to organisations; expenditure relating to tackling hate crime; expenditure relating to supporting people who are destitute, including refugees and asylum seekers , and in particular the Warm Scots Welcome scheme for resettling displaced people from Ukraine in Scotland ; expenditure relating to community support, resilience and engagement. 18,002,225,000 90,000,000 3. Through their Finance and the Economy portfolio, for use by the Scottish Ministers on: operational and administrative costs; the running and capital costs of the Scottish Public Pensions Agency; expenditure on committees, commissions and other portfolio services; expenditure on corporate and central services, including procurement and e-commerce; support for the running costs of Scottish Futures Trust Limited; digital strategy and economy; expenditure in relation to the Office of Chief Statistician; support for Growth Accelerator and Green Growth Accelerator programmes; regeneration programmes; planning; grant in aid for Scottish Enterprise, Highlands and Islands Enterprise and South of Scotland Enterprise; industry, innovation and technology/digital grants and support for low carbon economy; sundry enterprise-related activities; expenditure in relation to the running costs of the Office of the Chief Economic Adviser; the Enterprise and Skills Analytical Unit; grant in aid for the Scottish National Investment Bank; the Accountant in Bankruptcy; European Structural Fund grants to the Enterprise Networks, local authorities, further and higher education institutions, third sector bodies and other eligible bodies and organisations; costs of delivery and evaluation of European Structural Fund; funding for employment support, learning opportunities, workforce development and supporting fair work principles; consumer policy related spend; funding for City and Regional Growth Deals; support for Ferguson Marine; VisitScotland; tourism; digital and broadband connectivity; contributions and grants relating to regeneration; community-led regeneration; community engagement; community empowerment; support for inward trade and investment and exports. 1,495,968,000 400,000,000 4. Through their Education and Skills portfolio, for use by the Scottish Ministers on: operational and administrative costs; schools; training and development of teachers; educational research, development and promotion; Scottish Attainment Challenge related programmes; provision of Pupil Equity Funding; supporting implementation of education reforms; the Gaelic language; Bòrd na Gàidhlig; Gaelic Media Service (MG Alba); the Scots language; funding of Education Scotland, Disclosure Scotland and Additional Support Needs Tribunals for Scotland; funding expansion of early learning and childcare; child protection and care for looked after and vulnerable children; youth justice and preventing offending by children and young people; secure care for children and young people; advocacy for children and young people; development of the social services workforce; supporting quality improvement and improvement science through the children and young people improvement collaborative; development of the community learning and development workforce; parenting and play; support for families with severely disabled children; early intervention funding for the third sector through the Children, Young People and Families Early Intervention and Adult Learning and Empowering Communities Fund; running costs of the Scottish Child Abuse Inquiry; running costs of the Care Review and implementation of The Promise; incorporation of the United Nations Convention on the Rights of the Child; implementation of Getting It Right For Every Child; financial redress for survivors of child abuse in care, including introduction and development of Redress Scotland; central government grants to local authorities; grant funding for the Scottish Credit and Qualifications Framework Partnership and Scottish Qualifications Authority accreditation; grant in aid for the Scottish Further and Higher Education Funding Council, Scottish Qualifications Authority (including qualifications delivery and development), Children's Hearings Scotland, Scottish Children's Reporter Administration and Scottish Social Services Council; grant in aid for Skills Development Scotland; administration funding for the Student Awards Agency Scotland (SAAS); funding administered by SAAS for fees, grants, bursaries, student loans and related costs of higher education student support; Enterprise in Education; activities associated with the Chief Scientific Adviser for Scotland and the promotion of science; international and other educational services; funding for international college and university activities; sundry lifelong learning activities, including community-based adult learning; funding activities for young people to develop skills in connection with training and work; funding for employment support programmes; the provision of Education Maintenance Allowances. 4,004,146,000 350,000,000 5. Through their Justice and Veterans portfolio, for use by the Scottish Ministers on: operational and administrative costs; legal aid, including the running costs of the Scottish Legal Aid Board; criminal injuries compensation (including administration); support for victims and witnesses of crime, victims of human trafficking and addressing violence against women and girls; certain services relating to crime, including the Parole Board for Scotland; the Scottish Prison Service; the Scottish Criminal Cases Review Commission; the Scottish Law Commission; the Risk Management Authority; the Scottish Police Authority and Police Investigations and Review Commissioner and His Majesty’s Inspectors of Constabulary in Scotland ; additional police services; the running costs of inquiries and reviews; the Scottish Fire and Rescue Service and His Majesty’s Inspectors of the Scottish Fire and Rescue Service ; the payment of police and fire pensions; cyber resilience; central government grants to local authorities for criminal justice social work; measures to create safer and stronger communities, including Community Justice Scotland; miscellaneous services relating to the administration of justice; veterans; community justice services; court services, including judicial pensions; certain legal services; costs and fees in connection with legal proceedings; .... 3,328,192,000 39,700,000 6. Through their Net Zero, Energy and Transport portfolio, for use by the Scottish Ministers on: operational and administrative costs; support for passenger rail services, rail infrastructure and associated rail services; support for the development and delivery of concessionary travel schemes; support for the bus industry; funding for major public transport projects; the running costs of Transport Scotland; funding for the Strategic Transport Projects Review; funding for travel information services and accessible travel; the maintenance and enhancement of the trunk road network; support for ferry services, loans and grants relating to vessel construction or procurement, grants for pier, harbour and other port infrastructure; support for Highlands and Islands Airports Limited; support and loans for investment in air services; funding for the Air Discount Scheme; support for the Tay Road Bridge Joint Board; support for the freight industry; support for Scottish Canals; funding to promote sustainable and active travel; funding and loans to support net-zero emissions and climate change transport initiatives; contributing to the running costs of Regional Transport Partnerships and other bodies associated with the transport sector; support for the Glasgow Subway Modernisation programme; funding for road safety; costs in relation to funding the office of the Scottish Road Works Commissioner; costs related to public inquiries; funding for domestic energy efficiency, insulation and refurbishment projects; funding for domestic and non-domestic energy-related activities; central government grants to local authorities; advisory, research and development services; action to prevent waste, improve recycling, reduce emissions from waste, tackle litter and deliver a circular economy strategy; botanical and scientific services; assistance to production, marketing and processing; administration, land management and other agricultural services; natural economy, including addressing biodiversity loss and peatland and nature restoration; environmental protection; other environmental expenditure; flood prevention; coastal protection; air quality monitoring; climate change activities, including the Land Managers’ Renewables Fund and Climate Justice Fund; funding for land reform and community ownership; Scottish Natural Heritage; the Scottish Environment Protection Agency; the National Park authorities; Royal Botanic Garden Edinburgh; the Scottish Land Commission; water grants, including to the Water Industry Commission for Scotland and funding for the Drinking Water Quality Regulator for Scotland; loans to Scottish Water and Scottish Water Business Stream Holdings Limited; Scottish Forestry; Forestry and Land Scotland; the promotion of forestry and land management, including advising on the development and delivery of forestry policy; regulating the forestry sector and supporting it through grants; managing Scotland’s national forests and land. 4,141,133,000 600,000,000 7. Through their Rural Affairs and Islands portfolio, for use by the Scottish Ministers on: operational and administrative costs; market support, including grants in relation to agriculture and food and drink; support for agriculture in special areas, including grants for rural development; rural development generally; agri-environmental and farm woodland measures; compensation to sheep producers; animal health; agricultural education; agricultural support reform; administration of the European Maritime and Fisheries Fund and the emergency harbour grants scheme; rural affairs; support for crofting communities, including the crofting environment; funding for National Islands Plan related initiatives; core marine functions involving scientific research, compliance, policy and management of Scotland’s seas, representing Scotland’s interests in relation to common fisheries policy, international fisheries policy, international fisheries negotiation and aquaculture and freshwater policy, administration of all marine consents required for depositing substances at sea, coastal protection and offshore renewables and sponsorship of Crown Estate Scotland. 897,879,000 300,000,000 8. Through their Constitution, External Affairs and Culture portfolio, for use by the Scottish Ministers on: operational and administrative costs; support for the arts, culture and creativity in Scotland; cultural and heritage organisations; the creative industries; central government grants to non-departmental public bodies, local authorities and other bodies and organisations; architecture; funding to support Royal and ceremonial activity; international and European relations; protecting Scotland’s place in Europe; development assistance. 271,038,000 200,000,000 9. Through their Deputy First Minister and Covid Recovery portfolio, for use by the Scottish Ministers on: operational and administrative costs; running costs of Scottish Resilience, including supporting community resilience projects; funding to support electoral administration; funding of Boundaries Scotland; funding to support social research and analysis; funding to support implementation of extension of Freedom of Information legislation; costs associated with the functions of the Queen's Printer for Scotland; expenditure and grant assistance in relation to public service reform and efficiency. 44,847,000 Nil 10. For use by the Lord Advocate, through the Crown Office and Procurator Fiscal Service, on: operational and administrative costs relating to the investigation and prosecution of crime and the investigation of deaths; operational and administrative costs in relation to functions in respect of extradition and mutual legal assistance; costs relating to the United Kingdom's withdrawal from the European Union, including work on the consequences for continued law enforcement and criminal justice co-operation; fees paid to Advocate Deputes, temporary procurators fiscal and ad hoc Advocate Deputes; witness expenses; victim expenses; other costs associated with Crown prosecutions and cases brought under the Proceeds of Crime Act 2002; for use by the Lord Advocate, through the Civil Recovery Unit, on: investigations and cases brought under the Proceeds of Crime Act 2002; and for use by the Crown Agent for the office of the Queen's and Lord Treasurer's Remembrancer (including special payments made in relation to intestate estates which fall to the Crown as ultimate heir). 194,513,000 3,000,000 11. Through the National Records of Scotland, for use by the Scottish Ministers, the Registrar General of Births, Deaths and Marriages for Scotland and the Keeper of the Records of Scotland on: operational and administrative costs (including costs associated with running the ScotlandsPeople Centre and delivery of Scotland's Census). 62,860,000 9,800,000 12. For use by the Office of the Scottish Charity Regulator on: operational and administrative costs. 3,430,000 Nil 13. For use by the Scottish Housing Regulator on: operational and administrative costs. 5,234,000 Nil 14. For use by the Scottish Courts and Tribunals Service on: operational and administrative costs. 186,493,000 47,000,000 15. For use by the Scottish Fiscal Commission on: operational and administrative costs. 2,303,000 Nil 16. For use by Revenue Scotland on: operational and administrative costs. 7,721,000 Nil 17. For use by Food Standards Scotland on: operational and administrative costs, including research, monitoring and surveillance and public information and awareness relating to food safety, standards and improving diet; protecting the other interests of consumers in relation to food. 26,170,000 5,000,000 18. For use by the Scottish Ministers on: pensions, allowances, gratuities etc. payable in respect of the teachers' and national health service pension schemes. 6,966,062,000 3,100,000,000 19. For use by Registers of Scotland on: operational and administrative costs. 13,065,000 100,000,000 20. For use by Environmental Standards Scotland on: operational and administrative costs. 2,101,000 Nil Total amount of resources 57,551,182,000 8,244,500,000 SCHEDULE 2 Direct-funded bodies (introduced by section 2 ) Purposes Amount of resources, other than accruing resources (£) Amount of accruing resources (£) 1. For use by the Scottish Parliamentary Corporate Body on: operational and administrative costs of the Scottish Parliament; payments in respect of the Commissioner for Ethical Standards in Public Life in Scotland, the Standards Commission for Scotland, the Scottish Public Services Ombudsman, the Scottish Information Commissioner, the Scottish Commission for Human Rights, the Commissioner for Children and Young People in Scotland, the Scottish Biometrics Commissioner and the devolved Scottish functions of the Electoral Commission; any other payments relating to the Scottish Parliament. 130,186,000 1,000,000 2. For use by Audit Scotland on: the exercise of its functions, including assistance and support to the Auditor General for Scotland and the Accounts Commission for Scotland; other audit work for public bodies; payment of pensions to former Local Government Ombudsmen and their staff. 17,037,000 25,000,000 SCHEDULE 3 Borrowing by statutory bodies (introduced by section 3 ) Enactment Amount (£) 1. Section 25 of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise). 10,000,000 2. Section 26 of that Act (Highlands and Islands Enterprise). 1,000,000 3. Section 48 of the Environment Act 1995 (Scottish Environment Protection Agency). Nil 4. Section 42B of the Water Industry (Scotland) Act 2002 (Scottish Water). 220,000,000 5. Section 14 of the Water Services etc. (Scotland) Act 2005 (Scottish Water Business Stream Holdings Limited and any subsidiary of it within the meaning of section 1159 of the Companies Act 2006). 100,000,000 S. 1 in force at 24.3.2022, see s. 10 S. 2 in force at 24.3.2022, see s. 10 S. 3 in force at 24.3.2022, see s. 10 S. 4 in force at 24.3.2022, see s. 10 S. 5 in force at 24.3.2022, see s. 10 S. 6 in force at 24.3.2022, see s. 10 S. 7 in force at 24.3.2022, see s. 10 S. 8 in force at 24.3.2022, see s. 10 S. 9 in force at 24.3.2022, see s. 10 S. 10 in force at 24.3.2022, see s. 10 S. 11 in force at 24.3.2022, see s. 10 Sch. 1 in force at 24.3.2022, see s. 10 Sch. 2 in force at 24.3.2022, see s. 10 Sch. 3 in force at 24.3.2022, see s. 10 Words in sch. 1 inserted (11.1.2023) by The Budget (Scotland) Act 2022 Amendment Regulations 2023 (S.S.I. 2023/2) , regs. 1(1) , 3(2)(a) Words in sch. 1 inserted (11.1.2023) by The Budget (Scotland) Act 2022 Amendment Regulations 2023 (S.S.I. 2023/2) , regs. 1(1) , 3(2)(b)(i) Words in sch. 1 inserted (11.1.2023) by The Budget (Scotland) Act 2022 Amendment Regulations 2023 (S.S.I. 2023/2) , regs. 1(1) , 3(2)(b)(ii) Words in sch. 1 inserted (11.1.2023) by The Budget (Scotland) Act 2022 Amendment Regulations 2023 (S.S.I. 2023/2) , regs. 1(1) , 3(2)(b)(iii) Sum in sch. 1 substituted (11.1.2023) by The Budget (Scotland) Act 2022 Amendment Regulations 2023 (S.S.I. 2023/2) , regs. 1(1) , 3(4)(a) Sum in sch. 2 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 4(2)(a) Sum in sch. 2 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 4(2)(b) Sum in sch. 2 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 4(3) Words in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(2)(a) Words in sch. 1 omitted (30.3.2023) by virtue of The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(2)(b) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(a) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(b) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(c) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(d) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(e) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(f) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(g) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(h) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(i) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(j) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(k) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(l) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(m) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(n) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(o) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(p) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(q) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(r) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(3)(s) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(4)(a) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(4)(b) Sum in sch. 1 substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 3(4)(c) Sum in s. 4(2) substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 2(a) Sum in s. 4(3)(a) substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 2(b) Sum in s. 4(3)(b) substituted (30.3.2023) by The Budget (Scotland) Act 2022 Amendment (No. 2) Regulations 2023 (S.S.I. 2023/115) , regs. 1(1) , 2(c)
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[uk-legislation-asp][asp] 2024-03-01 Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Act 2022
http://www.legislation.gov.uk/asp/2022/2/2022-03-24
http://www.legislation.gov.uk/asp/2022/2/2022-03-24 Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Act 2022 Statute Law Database 2022-08-30 Expert Participation 2022-03-24 Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Act 2022 2022 asp 2 An Act of the Scottish Parliament to temporarily modify sections of the Public Health etc. (Scotland) Act 2008 which require health boards to pay compensation for self-isolation so that, where self-isolation is for a reason relating to coronavirus, health boards have discretion as to whether to pay compensation; and to provide for the expiry of a provision of the Coronavirus Act 2020 which temporarily modified the same sections of the Public Health etc. (Scotland) Act 2008. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 9th February 2022 and received Royal Assent on 23rd March 2022 Discretionary compensation for self-isolation 1 1 The Public Health etc. (Scotland) Act 2008 applies in accordance with the modifications in subsections (2) and (3) . 2 Section 56 has effect as if— a in subsection (1), at the beginning there were inserted “Subject to subsection (1A),”, b after subsection (1), there were inserted— 1A If the request under subsection (1) is made for a reason relating to coronavirus, the health board may compensate the person to whom the request is made, but is not required to do so. , c after subsection (6), there were inserted— 7 In this section, “ coronavirus ” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). . 3 Section 58 has effect as if— a in subsection (2), at the beginning, there were inserted “Subject to subsection (2A),”, b after subsection (2), there were inserted— 2A If the order or, as the case may be, the request by the health board is made for a reason relating to coronavirus, the board may compensate the carer, but is not required to do so. , c after subsection (5), there were inserted— 6 In this section, “ coronavirus ” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). . Expiry of section 1 2 1 Section 1 expires at the end of 31 October 2022. 2 The Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the expiry of section 1 under this section. 3 Regulations under this section may make different provision for different purposes or areas. 4 Regulations under this section are subject to the negative procedure. Power to alter expiry date 3 1 The Scottish Ministers may by regulations provide that section 1 — a does not expire at the time when it would otherwise expire, and b expires instead at such earlier time as is specified in the regulations. 2 The Scottish Ministers may by regulations provide that section 1 — a does not expire at the time when it would otherwise expire, and b expires instead at such later time as is specified in the regulations. 3 A time specified under subsection (2) must not be later than the end of the period of 6 months beginning with the time when section 1 would otherwise have expired. 4 Regulations under this section may— a make different provision for different purposes or areas, b make transitional, transitory or saving provision. 5 In this section, references to the time when section 1 would otherwise expire or would otherwise have expired are references to the time when that would occur or would have occurred whether under section 2 or previous regulations under subsection (1) or (2) . Procedure for regulations under section 3 4 1 Regulations under section 3 (1) are subject to the negative procedure. 2 Regulations under section 3 (2) are subject to the affirmative procedure. 3 Before making regulations under section 3(1), or laying a draft Scottish statutory instrument containing regulations under section 3(2) before the Scottish Parliament in accordance with section 29(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, the Scottish Ministers must consult— a each health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978, and b such other persons as the Scottish Ministers consider appropriate. 4 At the same time as laying a draft Scottish statutory instrument containing regulations under section 3 (2) before the Scottish Parliament in accordance with section 29(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, the Scottish Ministers must lay before the Parliament a statement of their reasons why the regulations should be made. 5 If the Scottish Ministers consider that regulations under section 3 (2) need to be made urgently— a subsections (2) , (3) and (4) do not apply, and b the regulations (the “ emergency regulations ”)— i must be laid before the Scottish Parliament, and ii cease to have effect on the expiry of the period of 28 days beginning with the date on which the regulations were made unless, before the expiry of that period, the regulations have been approved by a resolution of the Parliament. 6 If emergency regulations are made, the Scottish Ministers must, at the same time as laying the regulations before the Parliament, lay before the Parliament a statement of their reasons for making the regulations and for making them urgently without their being subject to the affirmative procedure. 7 In calculating any period of 28 days for the purposes of subsection (5) (b) (ii) , no account is to be taken of any period during which the Scottish Parliament is— a dissolved, or b in recess for more than 4 days. 8 Where emergency regulations cease to have effect under subsection (5) (b) (ii) , that does not— a affect anything previously done by reference to the regulations, b prevent new emergency regulations being made to the same or similar effect. Coronavirus Act 2020: expiry of paragraph 46 of schedule 21 5 1 If and in so far as it has not already expired, paragraph 46 of schedule 21 of the Coronavirus Act 2020 (modification of Public Health etc. (Scotland) Act 2008) expires on the date on which this Act comes into force. 2 The Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the expiry under subsection (1) of paragraph 46 of schedule 21 of the Coronavirus Act 2020. 3 Regulations under this section may make different provision for different purposes or areas. 4 Regulations under this section are subject to the negative procedure. Commencement 6 This Act comes into force on the day after Royal Assent. Short title 7 The short title of this Act is the Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Act 2022. S. 1 in force at 24.3.2022, see s. 6 S. 2 in force at 24.3.2022, see s. 6 S. 3 in force at 24.3.2022, see s. 6 S. 4 in force at 24.3.2022, see s. 6 S. 5 in force at 24.3.2022, see s. 6 S. 6 in force at 24.3.2022, see s. 6 S. 7 in force at 24.3.2022, see s. 6
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[uk-legislation-asp][asp] 2024-03-01 Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Act 2022
http://www.legislation.gov.uk/asp/2022/1/2022-05-03
http://www.legislation.gov.uk/asp/2022/1/2022-05-03 Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Act 2022 Statute Law Database 2022-09-22 Expert Participation 2022-05-03 Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Act 2022 2022 asp 1 An Act of the Scottish Parliament to enable the Scottish Ministers to reimburse costs relating to the removal of transvaginal mesh. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th January 2022 and received Royal Assent on 3rd March 2022 Power to reimburse costs Power for Scottish Ministers to reimburse costs relating to the removal of transvaginal mesh 1 1 The Scottish Ministers may make a scheme for the making of payments by them reimbursing costs incurred in connection with qualifying mesh removal surgery. 2 “Mesh removal surgery” is surgery a principal purpose of which is to wholly or partially remove from a person’s body synthetic mesh which was originally implanted transvaginally (that is, by means of insertion through the person’s vaginal wall) for the purpose of treating stress urinary incontinence or pelvic organ prolapse. 3 Mesh removal surgery is “qualifying” mesh removal surgery if it was arranged— a other than by a health board, b in relation to a person who was ordinarily resident in Scotland at (either or both)— i the time the mesh removal surgery was arranged, ii the time of implantation of any of the mesh which it is the purpose of the mesh removal surgery to wholly or partially remove, and c before a date specified in the scheme, which can be no earlier than the day of Royal Assent. 4 The following are costs incurred in connection with qualifying mesh removal surgery— a the cost of the qualifying mesh removal surgery, as charged to or in respect of the person who underwent the surgery, b reasonable costs incurred by— i that person, and ii one other person who was supporting that person, in travelling to and from the place where the surgery took place, c reasonable accommodation and subsistence costs incurred by those persons while at that place, and d any other costs specified as such in the scheme. 5 In subsection (3) , “ health board ” means a board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978. Further provision about scheme 2 1 A scheme under section 1 may in particular make provision— a requiring an application to be made for a payment under the scheme (a “reimbursement payment”), b requiring applications to be made before a date specified in the scheme, c about the persons by whom applications may be made, d about how applications may be made, e about information and evidence to be provided with, or in relation to, applications, f about factors that may be taken into account in determining— i whether a reimbursement payment should be made, ii the amount of a reimbursement payment, g about the persons to whom reimbursement payments may be made, h about review of— i a decision to refuse to make a reimbursement payment, ii the amount of a reimbursement payment, i about the persons by whom such reviews should be carried out, j about the circumstances in which a reimbursement payment (or part of a payment) may require to be repaid, k appointing a person to administer the scheme on Scottish Ministers’ behalf. 2 The Scottish Ministers must, as soon as reasonably practicable after making a scheme under section 1— a lay a copy of the scheme before the Scottish Parliament, and b publish the scheme in such way as they consider appropriate. Final provisions Ancillary provision 3 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision that they consider appropriate for the purposes of, in connection with, or for giving full effect to this Act or any provision made under it. 2 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under subsection (1) — a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, b otherwise, are subject to the negative procedure. Commencement 4 1 This section and sections 3 and 5 come into force on the day after Royal Assent. 2 Sections 1 and 2 come into force at the end of the period of two months beginning with the day of Royal Assent. Short title 5 The short title of this Act is the Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Act 2022. S. 3 in force at 4.3.2022, see s. 4(1) S. 4 in force at 4.3.2022, see s. 4(1) S. 5 in force at 4.3.2022, see s. 4(1) S. 1 in force at 3.5.2022, see s. 4(2) S. 2 in force at 3.5.2022, see s. 4(2)
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[uk-legislation-asp][asp] 2024-05-03 University of St. Andrews (Degrees in Medicine and Dentistry) Act 2021
http://www.legislation.gov.uk/asp/2021/13/2021-04-24
http://www.legislation.gov.uk/asp/2021/13/2021-04-24 University of St. Andrews (Degrees in Medicine and Dentistry) Act 2021 An Act of the Scottish Parliament to repeal paragraph 17 of schedule 6 of the Universities (Scotland) Act 1966. text text/xml en Statute Law Database 2021-05-03 2021-04-24 University of St. Andrews (Degrees in Medicine and Dentistry) Act 2021 2021 asp 13 An Act of the Scottish Parliament to repeal paragraph 17 of schedule 6 of the Universities (Scotland) Act 1966. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 10th March 2021 and received Royal Assent on 23rd April 2021 Repeal of prohibition against granting degrees in medicine and dentistry 1 Paragraph 17 of schedule 6 of the Universities (Scotland) Act 1966 (abolition of qualifying examinations and degrees in medicine etc. in the University of St. Andrews) is repealed. Commencement 2 This Act comes into force on the day after Royal Assent. Short title 3 The short title of this Act is the University of St. Andrews (Degrees in Medicine and Dentistry) Act 2021.
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[uk-legislation-asp][asp] 2024-05-03 Consumer Scotland Act 2020
http://www.legislation.gov.uk/asp/2020/11/2022-04-01
http://www.legislation.gov.uk/asp/2020/11/2022-04-01 Consumer Scotland Act 2020 An Act of the Scottish Parliament to establish Consumer Scotland and provide for its functions as a consumer advocacy and advice body; and to require regard to be had to consumer interests. text text/xml en Statute Law Database 2022-07-22 Expert Participation 2022-04-01 Consumer Scotland Act 2020 2020 asp 11 An Act of the Scottish Parliament to establish Consumer Scotland and provide for its functions as a consumer advocacy and advice body; and to require regard to be had to consumer interests. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 6th May 2020 and received Royal Assent on 9th June 2020 PART 1 Consumer Scotland Establishment Consumer Scotland 1 1 A body corporate to be known as Consumer Scotland (in Gaelic, Luchd-Cleachdaidh Alba) is established. 2 Consumer Scotland has the functions conferred on it by or under this Act and any other enactment. 3 Schedule 1 makes further provision about the status, membership, procedures and powers of Consumer Scotland. Functions The general function of providing consumer advocacy and advice 2 1 Consumer Scotland has the general function of providing consumer advocacy and advice with a view to— a reducing harm to consumers in Scotland, b increasing confidence among consumers in Scotland in dealing with businesses that supply goods and services to consumers, c increasing the extent to which consumer matters are taken into account by public authorities in Scotland, d promoting— i sustainable consumption of natural resources, and ii other environmentally sustainable practices, in relation to the acquisition, use and disposal of goods by consumers in Scotland, e otherwise advancing inclusion, fairness, prosperity and other aspects of wellbeing in Scotland. 2 In exercising its general function, Consumer Scotland has the particular functions set out in sections 3 to 6. The representative function 3 1 Consumer Scotland may— a provide advice and information to persons mentioned in subsection (3) about consumer matters, b make proposals to such persons about consumer matters, and c represent the views of consumers on consumer matters to such persons. 2 Where the Scottish Ministers ask Consumer Scotland to provide them with such advice, information, proposals or representations, Consumer Scotland must, so far as is reasonably practicable and consistent with its other functions, do so. 3 The persons referred to in subsection (1) are— a the Scottish Ministers, b any Minister of the Crown or government department, c any local authority, d any regulatory body established by or under an enactment, e any other person whom Consumer Scotland considers might have an interest in the matter in question. The research and investigation function 4 1 Consumer Scotland may obtain, analyse, and keep under review— a information about consumer matters, b information about the views of consumers on consumer matters, and c information of such other description as may be prescribed by the Scottish Ministers by regulations. 2 Consumer Scotland may also undertake investigations— a into sectors or practices which it considers cause, or may cause, harm to consumers, or b otherwise for the purpose of fulfilling its general function. The information function 5 1 Consumer Scotland may provide or secure the provision of advice and information to consumers— a about Consumer Scotland and its functions, b about consumer matters (as they relate to consumers generally or individually), and c about such other matters as may be prescribed by the Scottish Ministers by regulations. 2 In exercising the power conferred by subsection (1), Consumer Scotland may (among other things)— a publish or otherwise make available information in any manner Consumer Scotland considers appropriate for the purpose of bringing it to the attention of those likely to have an interest in it, b support (financially or otherwise), facilitate or co-ordinate the activities of other persons. The recall of goods function 6 1 Consumer Scotland must establish and operate, or secure the establishment and operation of, a publicly available database of recalls of goods in Scotland which Consumer Scotland considers to be major (either in terms of the significance of the potential risk to individuals from the goods or the scale of the recall). 2 Consumer Scotland may take such further steps as it considers appropriate to provide or secure the provision of advice and information to consumers about such recalls. 3 In exercising its functions under this section, Consumer Scotland may (among other things)— a publish or otherwise make available information in any manner Consumer Scotland considers appropriate for the purpose of bringing it to the attention of those likely to have an interest in it, b support (financially or otherwise), facilitate or co-ordinate the activities of other persons. 4 For the purpose of subsection (1), a recall of goods includes a case where, instead of goods being taken back from consumers, corrective measures are being taken in relation to them. General provision about functions 7 1 In exercising its functions, Consumer Scotland must comply with the requirements of this section. 2 Consumer Scotland must have regard to the forward work programme published under section 14. 3 Consumer Scotland must have regard to— a the activities carried on by specified persons and any other persons with the same functions as, or similar functions to, Consumer Scotland, and b the desirability of working in collaboration with others where appropriate. 4 Consumer Scotland must have regard to the interests of vulnerable consumers. 5 But nothing in subsection (4) is to be taken as implying that regard may not be had to the interests of other descriptions of consumers. 6 Consumer Scotland must have regard to the environmental impact of the actions of consumers. 7 Consumer Scotland must have regard to the importance of communicating in an inclusive way. 8 In subsection (3)(a), “ specified ” means specified in regulations made by the Scottish Ministers. 9 In subsection (7), “ communicating in an inclusive way ” means communicating in a way that ensures that individuals who have difficulty communicating (in relation to speech, language or otherwise) can receive information and express themselves in ways that best meet each individual's needs. Exercise of functions 8 Nothing in this Act imposes on Consumer Scotland a duty to exercise any of its functions on behalf of or at the request of a particular consumer. Information-gathering Requirement to provide information to Consumer Scotland 9 1 Consumer Scotland may, by notice, require a person falling within subsection (2)— a to provide it with such information as is specified or described in the notice and which it requires for the purpose of exercising its functions, and b to do so within such reasonable period as is specified in the notice. 2 The persons referred to in subsection (1) are– a a designated regulator, b a regulated provider, c any other person who supplies goods or services in the course of a business carried on by that person, d any other person specified, or of a description specified, by the Scottish Ministers by regulations for the purposes of this subsection. 3 A notice under subsection (1) may specify the manner and form in which the information is to be provided. 4 Before giving a notice under subsection (1), or specifying the manner or form in which information is to be provided, Consumer Scotland must have regard to the desirability of minimising the cost, or any other detriment, to the person to whom the notice is to be given. 5 Regulations under subsection (2)(d) may provide either– a that section 10 (failure by a designated regulator) is to apply in relation to a person specified, or of a description specified, by the regulations as it applies to a designated regulator, or b that section 12 (enforcement by the court) is to apply in relation to such a person. 6 In this section and sections 10 to 12— a “ designated regulator ” means a regulator specified by the Scottish Ministers by regulations for the purpose of this subsection, b “ regulated provider ” means a person— i who is specified, or of a description specified, as such by the Scottish Ministers by regulations for the purpose of this subsection, and ii who is subject to regulation by a designated regulator specified in relation to the person in those regulations. 7 Before making regulations under subsection (6), the Scottish Ministers must consult such persons as they consider appropriate. 8 Where the Scottish Ministers propose to specify a regulator under subsection (6)— a who is not currently a designated regulator, or b in relation to a person— i who is, or is to be, a regulated provider, and ii in relation to whom the regulator is not currently the designated regulator, the persons consulted under subsection (7) must include the regulator whom they propose to specify. Failure by a designated regulator to comply with a section 9 notice 10 1 If a designated regulator fails to comply with a notice under section 9(1), the regulator must, if so required by Consumer Scotland, provide Consumer Scotland with a written statement setting out the reasons for the failure. 2 Consumer Scotland may publish any statement received under subsection (1). Enforcement by a designated regulator of a section 9 notice 11 1 Where a regulated provider fails to comply with a notice under section 9(1), Consumer Scotland may refer the failure to the relevant designated regulator. 2 Subsection (1) applies only to the extent that the notice relates to information which is held or may be obtained by the regulated provider in the person's capacity as a regulated provider. 3 Where a failure is referred under subsection (1), the relevant designated regulator must— a consider any representations made by Consumer Scotland or the regulated provider, and b determine whether the regulated provider is entitled to refuse to comply with the notice by virtue of provision made under section 13 (exemptions from requirement to provide information). 4 If the relevant designated regulator determines that the regulated provider is not entitled to refuse to comply with the notice, the relevant designated regulator must direct the regulated provider to comply with it. 5 The relevant designated regulator must give Consumer Scotland and the regulated provider notice of— a a determination under subsection (3)(b) and the reasons for it, and b any direction under subsection (4). 6 For the purposes of this section, “ relevant designated regulator ”, in relation to a regulated provider, means the designated regulator specified in relation to the regulated provider in regulations under section 9(6)(b). Enforcement by the court of a section 9 notice 12 1 This section applies— a where a person (“ the defaulter ”) refuses, or otherwise fails, to comply with a notice given to the defaulter under section 9(1), b where the defaulter is— i a person falling within section 9(2)(b) or (c), or ii a person in relation to whom this section applies by virtue of provision made under section 9(5)(b), and c in the case where the defaulter is a regulated provider, where, or to the extent that, section 11(1) does not apply in relation to the notice. 2 The Court of Session may, on the application of Consumer Scotland, grant an order requiring the defaulter to comply with— a the notice, or b such directions for the like purpose as are contained in the order. Exemptions from requirement to provide information 13 1 No person may be required by a notice under section 9(1) or a court order under section 12 to produce a document or otherwise provide information which that person would be entitled to refuse to produce or provide in proceedings before the Court of Session. 2 The Scottish Ministers may by regulations specify— a persons or descriptions of persons to whom Consumer Scotland may not give a notice under section 9(1), b information or descriptions of information which a person may refuse to supply in accordance with such a notice, c circumstances in which a person may refuse to comply with such a notice. Accountability Forward work programmes 14 1 Consumer Scotland must before each programme year prepare and publish a document (the “forward work programme”) containing— a a statement of any priorities of Consumer Scotland for the year in relation to consumers generally and in relation to vulnerable consumers, b a general description of the main activities (including any investigations) which it plans to undertake during the year in relation to consumers generally and in relation to vulnerable consumers, c a statement of any other priorities of Consumer Scotland for the year, d a general description of any other investigations which it plans to undertake during the year (other than those comprising routine activities in the exercise of its functions). 2 The description of an investigation under subsection (1)(b) or (d) must include the objectives of the investigation. 3 In preparing the forward work programme for any year, Consumer Scotland must have regard to the views of consumers and other persons, bodies and organisations having an interest in consumer matters. 4 Consumer Scotland must lay a copy of any forward work programme published under subsection (1) before the Scottish Parliament. 5 In this section, “ programme year ” means— a the first period of 12 months beginning on 1 April following the day this section comes into force, and b each successive period of 12 months. Reports on investigations 15 1 Consumer Scotland must, as soon as reasonably practicable after the conclusion of any investigation conducted under section 4(2), prepare and publish a report setting out— a its findings, b any recommendations arising out of the investigation, c how, in conducting the investigation, Consumer Scotland has had regard to any activities carried on by specified persons and any other persons with the same functions as, or similar functions to, Consumer Scotland. 2 Consumer Scotland must send a copy of each report prepared under subsection (1) to the Scottish Ministers. 3 In subsection (1)(c), “ specified ” means specified in regulations made by the Scottish Ministers under section 7(8). Annual report 16 1 Consumer Scotland must, as soon as reasonably practicable after the end of each financial year— a prepare and publish a report on its activities during the year, b lay a copy of the report before the Scottish Parliament, and c send a copy of the report to the Scottish Ministers. 2 It is for Consumer Scotland to determine the form and content of each report. 3 Without prejudice to the generality of subsection (2), a report under subsection (1) must set out how Consumer Scotland has had regard to any activities carried on by specified persons and any other persons with the same functions as, or similar functions to, Consumer Scotland. 4 In subsection (3), “ specified ” means specified in regulations made by the Scottish Ministers under section 7(8). Consumer welfare report 17 1 Consumer Scotland must, as soon as reasonably practicable after the end of each reporting period, prepare and publish a report on— a how well the interests of consumers are being served in Scotland, and b where harm is being caused to the interests of consumers in Scotland, the nature and extent of that harm. 2 A report under subsection (1) must set out how Consumer Scotland has had regard to the interests of vulnerable consumers. 3 In preparing a report under subsection (1), Consumer Scotland must have regard to the views of consumers and other persons, bodies and organisations having an interest in consumer matters. 4 Consumer Scotland must— a lay a copy of each report prepared under subsection (1) before the Scottish Parliament, and b send a copy of it to the Scottish Ministers. 5 In this section, “ reporting period ” means— a the period of 3 years beginning with 1 April next following the coming into force of this section, and b each subsequent period of 3 years. Finance Grants and loans by Consumer Scotland 18 1 Consumer Scotland may make grants and loans to such persons as it considers appropriate for the purposes of, or in connection with, or where it appears to it to be otherwise conducive to, the performance of its functions. 2 A grant or loan under subsection (1) is subject to such conditions (including conditions as to repayment) as Consumer Scotland may determine. Review of performance and modification of functions Review of Consumer Scotland's performance 19 1 Consumer Scotland must, at least once in every review period, appoint a suitable individual or body to review and prepare a report on the performance of its functions during the period. 2 The report under subsection (1) must be prepared as soon as reasonably practicable after the end of the review period to which it relates. 3 For the purposes of subsection (1), an individual or body is suitable only if— a the individual or body has expertise likely to be relevant to the assessment of the performance of Consumer Scotland's functions, and b the individual or body is not— i a member of Consumer Scotland, ii disqualified from appointment as such a member by virtue of paragraph 3 of schedule 1, or iii a member of staff of Consumer Scotland. 4 Consumer Scotland may make such payment to an individual or body appointed under subsection (1) in respect of a review as it, with the approval of the Scottish Ministers, determines. 5 Consumer Scotland must— a publish each report prepared under subsection (1), b lay a copy of it before the Scottish Parliament, and c send a copy of it to the Scottish Ministers. 6 In this section, “ review period ” means— a the period of 3 years beginning with the date on which section 1 comes into force, and b each subsequent period of 5 years. Power to modify Consumer Scotland's functions 20 1 Subject to subsection (3), the Scottish Ministers may by regulations— a confer functions on Consumer Scotland, b vary the functions of Consumer Scotland, c remove functions from Consumer Scotland. 2 In subsection (1)— a the reference to conferring functions on Consumer Scotland includes reference to transferring functions from another person to Consumer Scotland, and b the reference to removing functions from Consumer Scotland includes reference to transferring functions from Consumer Scotland to another person. 3 Regulations under subsection (1) may not remove Consumer Scotland's functions under section 2. 4 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult— a Consumer Scotland, b any person to whom, or from whom, functions are being transferred, and c such other persons as they consider appropriate. 5 Regulations under subsection (1) may modify this Act or any other enactment. PART 2 Consumer interests Duty to have regard to consumer interests 21 1 A relevant public authority must, when making decisions of a strategic nature about how to exercise its functions, have regard to— a the impact of those decisions on consumers in Scotland, and b the desirability of reducing harm to consumers in Scotland. 2 For the purpose of this section and sections 22 and 23, “ relevant public authority ” means a person with functions of a public nature who is specified (by name or description) in regulations made by the Scottish Ministers. 3 Regulations under subsection (2) may specify a person— a in relation to the exercise of all of the person's functions, or b in respect of the exercise of certain specified functions only. 4 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (2) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. 5 Where the Scottish Ministers propose to specify a person under subsection (2) who is not currently a relevant public authority, the persons consulted under subsection (4) must include the person whom they propose to specify. Guidance about section 21 duty 22 1 Consumer Scotland may, with the approval of the Scottish Ministers, issue guidance about the duty imposed under section 21. 2 A relevant public authority must have regard to any guidance issued under subsection (1). 3 Before issuing guidance under subsection (1), Consumer Scotland must consult such persons as it considers appropriate. 4 The persons consulted under subsection (3) must include all relevant public authorities to whom the guidance is addressed. 5 Guidance under subsection (1) may be addressed to— a one or more relevant public authorities identified in the guidance, or b all relevant public authorities. 6 Consumer Scotland must make guidance issued under subsection (1) publicly available. 7 The power to issue guidance under subsection (1) includes the power to— a issue guidance which varies guidance issued under that subsection, b revoke guidance issued under that subsection. Reporting on section 21 duty 23 1 A relevant public authority must publish information about the steps which it has taken to comply with the duty imposed under section 21. 2 In complying with subsection (1), a relevant public authority— a may publish the information— i in relation to such period as it determines of up to a maximum of 12 months, ii in such manner as it considers appropriate (for example, in an annual or other report), b must publish the information no later than 12 months after the end of period to which it relates. 3 Regulations under section 21(2) may specify relevant public authorities to which this section does not apply. PART 3 Interpretation and final provisions Meaning of “consumer” 24 1 In this Act, “ consumer ” means— a an individual— i who purchases, uses or receives, in Scotland, goods or services which are supplied in the course of a business carried on by the person supplying them, and ii who is not purchasing, using or receiving the goods or services wholly or mainly in the course of a business carried on by the individual, or b a business (including a business carried on by an individual)— i which is no larger than a small business, and ii which purchases, uses or receives, in Scotland, goods or services which are supplied in the course of a business carried on by the person supplying them. 2 For the purposes of subsection (1)— a a consumer includes both an existing consumer and a potential consumer, b a person who uses services includes, in relation to postal services, an addressee. Interpretation 25 In this Act— “ business ” includes a profession, a not for profit enterprise (within the meaning of section 252(1F) of the Town and Country Planning (Scotland) Act 1997) and the activities of any government department, local or public authority or other public body, “ consumer ” has the meaning given by section 24, “ consumer matters ” means— the interests of consumers, and any matter connected with those interests, “ goods ” includes land or an interest in land, “ vulnerable consumers ” means consumers who, by reason of their circumstances or characteristics— may have significantly fewer or less favourable options as consumers than a typical consumer, or are otherwise at a significantly greater risk of— harm being caused to their interests as consumers, or harm caused to those interests being more substantial, than would be the case for a typical consumer. Regulations 26 1 Any power conferred by this Act on the Scottish Ministers to make regulations includes the power to make— a different provision for different cases or descriptions of case or for different purposes, b such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient. 2 Regulations under the following sections are subject to the affirmative procedure— a section 9(2)(d), b section 21(2). 3 Regulations under section 20(1) or 27(1)— a which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, b otherwise, are subject to the negative procedure. 4 Regulations under the following provisions are subject to the negative procedure— a section 4(1)(c), b section 5(1)(c), c section 7(8), d section 9(6)(a) and (b), e section 13(2), f paragraph 2(6) of schedule 1. 5 This section does not apply to regulations under section 29(2). Ancillary provision 27 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 2 Regulations under subsection (1) may modify any enactment (including this Act). Amendment of public bodies legislation 28 Schedule 2 amends other Acts so that their provisions apply to Consumer Scotland. Commencement 29 1 This section and sections 25, 26, 27 and 30 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a make different provision for different purposes, b include transitional, transitory or saving provision. Short title 30 The short title of this Act is the Consumer Scotland Act 2020. SCHEDULE 1 Consumer Scotland (introduced by section 1(3)) Status 1 1 Consumer Scotland— a is not a servant or agent of the Crown, and b does not enjoy any status, immunity or privilege of the Crown. 2 Consumer Scotland's members are not to be regarded as civil servants. Membership 2 1 Consumer Scotland is to consist of— a a member appointed by the Scottish Ministers to chair Consumer Scotland, and b at least 2 but no more than 4 other members appointed by the Scottish Ministers. 2 A member is appointed for such period not exceeding 5 years as the Scottish Ministers determine. 3 The Scottish Ministers may reappoint as a member a person who is, or has been, a member of Consumer Scotland. 4 The Scottish Ministers must, when appointing members of Consumer Scotland— a do so in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements, b have regard to the desirability of having at least one member who has personal experience of being a vulnerable consumer or who otherwise has experience in dealing with or knowledge of the difficulties faced by vulnerable consumers. 5 The Scottish Ministers may determine other terms and conditions of membership in relation to matters not covered by this Act. 6 The Scottish Ministers may by regulations amend sub-paragraph (1)(b) to substitute for the minimum or maximum number of members for the time being specified such other number or numbers of members. 7 In sub-paragraph (4)(a), “ equal opportunities ” and “ equal opportunity requirements ” have the same meanings as in Section L2 (equal opportunities) of Part 2 of schedule 5 of the Scotland Act 1998. Persons who may not be members 3 1 The Scottish Ministers may not appoint a person as a member of Consumer Scotland if— a the person is— i a member of the Scottish Parliament, ii a member of the House of Commons, iii a member of the House of Lords, iv a member of the National Assembly for Wales, v a member of the Northern Ireland Assembly, vi a member of the European Parliament, vii a councillor of a local authority, viii the holder of any other relevant elective office within the meaning of paragraph 1(8) of schedule 7 of the Political Parties, Elections and Referendums Act 2000, ix a member of the Scottish Government, x a Minister of the Crown, xi an office-holder of the Crown in right of Her Majesty's Government in the United Kingdom, xii an office-holder in the Scottish Administration, xiii a civil servant, b the person is insolvent, c the person is or has been disqualified as a company director under the Company Directors Disqualification Act 1986, d the person is or has been disqualified as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005, or e the person is or has been disqualified under any disqualification provision analogous to either of those mentioned in paragraphs (c) and (d), anywhere in the world. 2 For the purposes of sub-paragraph (1)(b), a person becomes insolvent when— a the person's estate is sequestrated, b the person grants a trust deed for creditors or makes a composition or arrangement with creditors, c the person is the subject of any other kind of arrangement analogous to either of those described in paragraphs (a) and (b), anywhere in the world. Early termination of membership 4 1 A member of Consumer Scotland may resign by giving notice in writing to the Scottish Ministers. 2 A person's membership of Consumer Scotland ends if the person becomes disqualified as a member after appointment. 3 A person becomes disqualified as a member after appointment if, during the person's period of appointment as a member, any of paragraphs (a) to (e) of paragraph 3(1) applies to the person. 4 The Scottish Ministers may, by giving notice to the member in writing, remove a member if— a the member has been absent, without reasonable excuse, from 3 consecutive meetings of Consumer Scotland, or b the Scottish Ministers consider that the member is— i unable to perform the functions of a member, or ii unsuitable to continue as a member. Members' remuneration, allowances and pensions 5 1 Consumer Scotland may pay each member such remuneration and allowances (including expenses) as it, with the approval of the Scottish Ministers, determines. 2 Consumer Scotland may pay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of, any person who is or has been a member of Consumer Scotland as it, with the approval of the Scottish Ministers, determines. 3 Those arrangements may include— a making payments towards the provision of those pensions, allowances and gratuities, b providing and maintaining schemes for the payment of those pensions, allowances and gratuities. 4 The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office. Chief executive and other staff 6 1 Consumer Scotland is to have, as a member of staff, a chief executive. 2 Consumer Scotland is to appoint each chief executive with the approval of the Scottish Ministers. 3 The chief executive may not be a member of Consumer Scotland. 4 Consumer Scotland may appoint other staff. 5 The chief executive and other staff are appointed on such terms and conditions as Consumer Scotland, with the approval of the Scottish Ministers, determines. Pensions of chief executive and other staff 7 1 Consumer Scotland may pay or make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any person who is or has been a member of staff of Consumer Scotland. 2 Those arrangements may include— a making payments towards the provision of those pensions, allowances and gratuities, b providing and maintaining schemes for the payment of those pensions, allowances and gratuities. 3 The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office. Committees 8 1 Consumer Scotland may establish committees and sub-committees. 2 The membership of a committee or sub-committee may include or consist of persons who are not members of Consumer Scotland (but those persons are not entitled to vote at meetings). 3 Consumer Scotland may— a pay each member of a committee or sub-committee who is not a member of or a member of staff of Consumer Scotland remuneration and allowances (including expenses), and b pay, or make arrangements for the payment of, allowances and gratuities to, or in respect of, any person who is or has been a member of a committee or sub-committee who is not a member of or a member of staff of Consumer Scotland. 4 Those arrangements may include— a making payments towards the provision of those allowances and gratuities, b providing and maintaining schemes for the payment of those allowances and gratuities to, or in respect of, any person who is or has been a member of a committee or sub-committee. 5 The reference in sub-paragraph (3) to allowances and gratuities include allowances and gratuities by way of compensation for loss of office as a member of a committee or sub-committee. Authority to perform functions 9 1 Consumer Scotland may authorise— a any of its members, b any committee or sub-committee established by it, c its chief executive, or d any other member of its staff, to perform such of its functions (and to such extent) as it determines. 2 But Consumer Scotland may not authorise another person to perform any of the following functions— a approving any annual budget or financial plan, b approving annual reports or accounts. 3 The giving of authority under this paragraph to perform a function does not— a affect Consumer Scotland's responsibility for the performance of the function, or b prevent Consumer Scotland from performing the function itself. Regulation of procedure 10 Consumer Scotland may regulate its own procedure (including quorum) and that of any committee or sub-committee. Validity of things done 11 The validity of anything done by Consumer Scotland or its committees or sub-committees is not affected by— a a vacancy in membership, b a defect in the appointment of a member, c the disqualification of a person as a member after appointment. General powers 12 Consumer Scotland may do anything which appears to it— a to be necessary or expedient for the purposes of, or in connection with, the performance of its functions, or b to be otherwise conducive to the performance of its functions. Location of office 13 Consumer Scotland's determination of the location of its office premises is subject to the approval of the Scottish Ministers. SCHEDULE 2 Application of public bodies legislation (introduced by section 28) Ethical Standards in Public Life etc. (Scotland) Act 2000 1 In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies), after the entry relating to Community Justice Scotland insert— “ Consumer Scotland ” . Scottish Public Services Ombudsman Act 2002 2 In the Scottish Public Services Ombudsman Act 2002, in schedule 2 (listed authorities), after paragraph 21ZZC insert— 21ZZD Consumer Scotland. . Freedom of Information (Scotland) Act 2002 3 In the Freedom of Information (Scotland) Act 2002, in Part 2 of schedule 1 (non-ministerial office holders in the Scottish Administration), after paragraph 7 insert— 7ZA Consumer Scotland. . Public Appointments and Public Bodies etc. (Scotland) Act 2003 4 In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (the specified authorities), under the heading “Executive bodies”, after the entry relating to Community Justice Scotland insert— “ Consumer Scotland ” . Public Services Reform (Scotland) Act 2010 5 In the Public Services Reform (Scotland) Act 2010— a in schedule 5 (improvement of public functions: listed bodies), under the heading “Scottish public authorities with mixed functions or no reserved functions”, after the entry relating to the Common Services Agency for the Scottish Health Service insert— “ Consumer Scotland ” , b in schedule 8 (listed public bodies), after the entry relating to Community Justice Scotland insert— “ Consumer Scotland ” . Public Records (Scotland) Act 2011 6 In the Public Records (Scotland) Act 2011, in the schedule, under the heading “Scottish Administration” after the entry relating to the Chief Medical Officer of the Scottish Administration insert— “ Consumer Scotland ” . Procurement Reform (Scotland) Act 2014 7 In the Procurement Reform (Scotland) Act 2014, in Part 1 of the schedule (contracting authorities: Scottish Administration and Scottish Parliament), after paragraph 13C insert— 13D Consumer Scotland . Gender Representation on Public Boards (Scotland) Act 2018 8 In the Gender Representation on Public Boards (Scotland) Act 2018, in schedule 1 (public authorities), after the entry relating to Community Justice Scotland insert— “ Consumer Scotland ” . Islands (Scotland) Act 2018 9 In the Islands (Scotland) Act 2018, in the schedule, under the heading “Scottish public authorities with mixed functions or no reserved functions”, after the entry relating to Children's Hearings Scotland insert— 9A Consumer Scotland . S. 1 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 2 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 3 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 4 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 5 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 6 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 7 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 8 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 9 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 10 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 11 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 12 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 13 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 14 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 15 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 16 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 17 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 18 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 19 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 20 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 21 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 22 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 23 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 24 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 S. 28 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 2 para. 1 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 2 para. 2 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 2 para. 3 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 2 para. 4 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 2 para. 5 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 2 para. 6 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 2 para. 7 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 2 para. 8 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 2 para. 9 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 1 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 2 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 3 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 4 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 5 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 6 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 7 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 8 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 9 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 10 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 11 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 12 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2 Sch. 1 para. 13 in force at 1.4.2022 by S.S.I. 2021/464 , reg. 2
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[uk-legislation-asp][asp] 2024-05-03 Children (Equal Protection from Assault) (Scotland) Act 2019
http://www.legislation.gov.uk/asp/2019/16/2020-11-07
http://www.legislation.gov.uk/asp/2019/16/2020-11-07 Children (Equal Protection from Assault) (Scotland) Act 2019 An Act of the Scottish Parliament to abolish the defence of reasonable chastisement; and for connected purposes. text text/xml en Statute Law Database 2019-11-28 2020-11-07 Children (Equal Protection from Assault) (Scotland) Act 2019 2019 asp 16 An Act of the Scottish Parliament to abolish the defence of reasonable chastisement; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 3rd October 2019 and received Royal Assent on 7th November 2019 Abolition of defence of reasonable chastisement 1 1 The rule of law, that the physical punishment of a child in the exercise of a parental right or a right derived from having charge or care of the child is justifiable and is therefore not an assault, ceases to have effect. 2 Section 51 (physical punishment of children) of the Criminal Justice (Scotland) Act 2003 is repealed. Duty of Scottish Ministers to raise awareness 2 The Scottish Ministers must take such steps as they consider appropriate to promote public awareness and understanding about the effect of section 1. Transitional and saving provision 3 1 Section 1 does not apply to anything done before the day on which that section comes into force. 2 Accordingly— a the rule of law mentioned in section 1(1), and b section 51 of the Criminal Justice (Scotland) Act 2003, continue to have effect for the purposes of any proceedings ongoing on, or brought on or after, the day section 1 comes into force which relate to an alleged assault on a child committed before that day. 3 The Scottish Ministers may by regulations make such further transitional, transitory or saving provision as they consider necessary or expedient in connection with the coming into force of section 1. 4 Regulations under subsection (3) are subject to the negative procedure. Commencement 4 1 This section and sections 2, 3(3) and (4) and 5 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on the expiry of the period of 12 months beginning with the day of Royal Assent. Short title 5 The short title of this Act is the Children (Equal Protection from Assault) (Scotland) Act 2019. S. 3(3)(4) in force at 8.11.2019, see s. 4(1)
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[uk-legislation-asp][asp] 2024-05-03 Limitation (Childhood Abuse) (Scotland) Act 2017
http://www.legislation.gov.uk/asp/2017/3/2017-10-04
http://www.legislation.gov.uk/asp/2017/3/2017-10-04 Limitation (Childhood Abuse) (Scotland) Act 2017 An Act of the Scottish Parliament to remove the limitation period for actions of damages in respect of personal injuries resulting from childhood abuse. text text/xml en Statute Law Database 2017-12-18 Expert Participation 2017-10-04 Limitation (Childhood Abuse) (Scotland) Act 2017 2017 asp 3 An Act of the Scottish Parliament to remove the limitation period for actions of damages in respect of personal injuries resulting from childhood abuse. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 22nd June 2017 and received Royal Assent on 28th July 2017 Removal of 3 year limitation period in certain actions 1 After section 17 of the Prescription and Limitation (Scotland) Act 1973 insert— Actions in respect of personal injuries resulting from childhood abuse 17A 1 The time limit in section 17 does not apply to an action of damages if— a the damages claimed consist of damages in respect of personal injuries, b the person who sustained the injuries was a child on the date the act or omission to which the injuries were attributable occurred or, where the act or omission was a continuing one, the date the act or omission began, c the act or omission to which the injuries were attributable constitutes abuse of the person who sustained the injuries, and d the action is brought by the person who sustained the injuries. 2 In this section— “ abuse ” includes sexual abuse, physical abuse, emotional abuse and abuse which takes the form of neglect, “ child ” means an individual under the age of 18. Childhood abuse actions: previously accrued rights of action 17B Section 17A has effect as regards a right of action accruing before the commencement of section 17A. Childhood abuse actions: previously litigated rights of action 17C 1 This section applies where a right of action in respect of relevant personal injuries has been disposed of in the circumstances described in subsection (2). 2 The circumstances are that— a prior to the commencement of section 17A, an action of damages was brought in respect of the right of action (“the initial action”), and b the initial action was disposed of by the court— i by reason of section 17, or ii in accordance with a relevant settlement. 3 A person may bring an action of damages in respect of the right of action despite the initial action previously having been disposed of (including by way of decree of absolvitor). 4 In this section— a personal injuries are “relevant personal injuries” if they were sustained in the circumstances described in paragraphs (b) and (c) of section 17A(1), b a settlement is a “relevant settlement” if— i it was agreed by the parties to the initial action, ii the pursuer entered into it under the reasonable belief that the initial action was likely to be disposed of by the court by reason of section 17, and iii any sum of money which it required the defender to pay to the pursuer, or to a person nominated by the pursuer, did not exceed the pursuer's expenses in connection with bringing and settling the initial action. 5 The condition in subsection (4)(b)(iii) is not met if the terms of the settlement indicate that the sum payable under it is or includes something other than reimbursement of the pursuer's expenses in connection with bringing and settling the initial action. Childhood abuse actions: circumstances in which an action may not proceed 17D 1 The court may not allow an action which is brought by virtue of section 17A(1) to proceed if either of subsections (2) or (3) apply. 2 This subsection applies where the defender satisfies the court that it is not possible for a fair hearing to take place. 3 This subsection applies where— a the defender satisfies the court that, as a result of the operation of section 17B or (as the case may be) 17C, the defender would be substantially prejudiced were the action to proceed, and b having had regard to the pursuer's interest in the action proceeding, the court is satisfied that the prejudice is such that the action should not proceed. . Commencement 2 1 This section and section 3 come into force on the day after Royal Assent. 2 Section 1 comes into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a appoint different days for different purposes, b contain transitional, transitory or saving provision. Short title 3 The short title of this Act is the Limitation (Childhood Abuse) (Scotland) Act 2017. S. 1 in force at 4.10.2017 by S.S.I. 2017/279 , reg. 2
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[uk-legislation-asp][asp] 2024-05-04 Coronavirus (Extension and Expiry) (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/19/2021-08-05
http://www.legislation.gov.uk/asp/2021/19/2021-08-05 Coronavirus (Extension and Expiry) (Scotland) Act 2021 An Act of the Scottish Parliament to extend the period for which Part 1 of the Coronavirus (Scotland) Act 2020 and Part 1 of the Coronavirus (Scotland) (No.2) Act 2020 are in force; to provide for the expiry of certain provisions of those Parts; and for connected purposes. text text/xml en Statute Law Database 2021-11-29 2021-08-05 Coronavirus (Extension and Expiry) (Scotland) Act 2021 2021 asp 19 An Act of the Scottish Parliament to extend the period for which Part 1 of the Coronavirus (Scotland) Act 2020 and Part 1 of the Coronavirus (Scotland) (No.2) Act 2020 are in force; to provide for the expiry of certain provisions of those Parts; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th June 2021 and received Royal Assent on 4th August 2021 Extension of provisions 1 1 Section 12 of the Coronavirus (Scotland) Act 2020 is amended in accordance with subsections (2)and (3). 2 In subsection (1), for “on 30 September 2021” substitute “ at the end of 31 March 2022 ” . 3 For subsections (3) and (4), substitute— 3 The Scottish Ministers may by regulations amend subsection (1) so as to replace “31 March 2022” with “ 30 September 2022 ” . . 4 Section 9 of the Coronavirus (Scotland) (No.2) Act 2020 is amended in accordance with subsections (5)and (6). 5 In subsection (1), for “on 30 September 2021” substitute “ at the end of 31 March 2022 ” . 6 For subsections (3) and (4), substitute— 3 The Scottish Ministers may by regulations amend subsection (1) so as to replace “31 March 2022” with “ 30 September 2022 ” . . Expiry of provisions 2 1 The provisions of the Coronavirus (Scotland) Act 2020 referred to in subsections (2) to (7) expire at the end of 30 September 2021. 2 In schedule 2, paragraphs 2 and 3 (moratorium on diligence: multiple applications). 3 Schedule 3 (children and vulnerable adults). 4 In schedule 4— a paragraph 11 (exceptions to the rule that hearsay evidence is inadmissible), b paragraph 12 (community payback orders: extension of unpaid work or other activity requirements), c paragraph 14 (community orders: postponement), d in paragraph 15 (community orders: variation)— i in sub-paragraph (1), the words “and drug treatment and testing orders”, ii in sub-paragraph (6), the words “or drug treatment and testing order”. 5 In paragraph 4 of schedule 5 (alcohol licensing: licensing boards etc.), sub-paragraph (5)(d). 6 In schedule 6— a paragraph 6 (freedom of information: Commissioner's ability to take account of impact of coronavirus), b paragraph 13 (grounds for exclusion of the public from meetings of local authorities), c paragraph 15 (duties under the Public Finance and Accountability (Scotland) Act 2000). 7 In schedule 7— a paragraphs 1 and 5 (social security: period for re-determination of entitlement), b paragraphs 23 to 30 (scrutiny of subordinate legislation in urgent cases). 8 The following provisions of schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020 expire at the end of 30 September 2021— a in paragraph 3 (termination of student residential tenancy by tenant: requirements for notice)— i sub-paragraph (2)(b)(i), ii in sub-paragraph (2)(b)(ii), the words “in any other case,”, iii sub-paragraphs (3) and (4), b paragraph 6 (carer's allowance supplement), c paragraph 24 (marriages and civil partnerships during emergency period). 9 For the purpose of section 13(1) of the Coronavirus (Scotland) Act 2020, the expiry of a provision of that Act by virtue of this section is to be treated as if it were by virtue of previous regulations under section 13(1) of that Act. 10 For the purpose of section 10(1) of the Coronavirus (Scotland) (No.2) Act 2020, the expiry of a provision of that Act by virtue of this section is to be treated as if it were by virtue of previous regulations under section 10(1) of that Act. Suspension of provisions 3 1 The operation of paragraphs 22 and 23 (care homes: inspections and reporting on coronavirus deaths) of schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020 is suspended at the end of 30 September 2021. 2 For the purpose of section 8(1)(b) and (2) of the Coronavirus (Scotland) (No.2) Act 2020, the suspension by virtue of subsection (1) is to be treated as if it were by virtue of section 8(1)(a) of that Act. Notice of changes to coronavirus related measures 4 1 The Scottish Ministers must, at least 24 hours before the proposed change would come into effect, lay before the Scottish Parliament a statement notifying it of any proposal to change a measure put in place by them to respond to the effect of the spread or incidence of coronavirus under— a the Coronavirus (Scotland) Act 2020, or b the Coronavirus (Scotland) (No.2) Act 2020. 2 Subsection (1) does not apply if the Scottish Ministers consider that there are reasons of urgency which mean that it is not possible to comply with the requirement imposed by that subsection. 3 Where the Scottish Ministers rely on subsection (2), they must as soon as possible lay before the Scottish Parliament a statement explaining the circumstances. 4 In this section, “ coronavirus ” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020. Report on certain matters relating to Act 5 1 The Scottish Ministers must no later than one month after the day of Royal Assent lay before the Scottish Parliament a report of— a progress being made towards marriage ceremonies and civil partnership registrations and associated celebratory events being able to be held without restrictions arising from the spread or incidence of coronavirus, b their view of the effect of this Act on— i the measures in place to help businesses to deal with the effects of disruption attributable to coronavirus, ii live music and live music venues, iii social security support available for carers, iv support available to persons who are required to self-isolate for a reason relating to coronavirus, and v social care services, and c the use of fiscal fines (that is, conditional offers of fixed penalties under section 302 of the Criminal Procedure (Scotland) Act 1995) during the period beginning on 7 April 2020 and ending on the day of Royal Assent. 2 The report must in particular include— a information on the restrictions remaining in place as respects the holding of marriage ceremonies and civil partnership registrations and associated celebratory events, b information on the measures in place to help businesses deal with the effect of disruption attributable to coronavirus and any plans for further measures the Scottish Ministers propose to put in place to help businesses, c information on the social security support to help carers put in place for a reason related to coronavirus and any plans for further social security support to help carers the Scottish Ministers propose to put in place for such a reason, d information on the support available to persons who are required to self-isolate for a reason relating to coronavirus and any plans for further support for such persons the Scottish Ministers propose to put in place, e information on the measures in place to restore social care services to their level as at 1 March 2020 and any plans for further measures the Scottish Ministers propose to put in place to secure this, and f information on— i the numbers of fiscal fines issued for each level on the scale during the period mentioned in subsection (1)(c), and ii the numbers of fiscal fines issued for each level of the scale in the period ending on 6 April 2020 which is of the same length as the period mentioned in subsection (1)(c). 3 In this section— “ carer ” has the meaning given by section 1 of the Carers (Scotland) Act 2016, “ coronavirus ” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020, “ the scale ” means the scale in the schedule of the Criminal Procedure (Scotland) Act 1995 Fixed Penalty Order 2008 (S.S.I. 2008/108) (as it had effect at the time). Reporting on status of eviction provisions 6 1 Each report required by section 15(1) of the Coronavirus (Scotland) Act 2020 must also include information on the operation during the period to which the report relates of schedule 1 of that Act, including in particular— a the measures in place to protect tenants from eviction and any plans for further measures the Scottish Ministers propose to put in place to protect tenants from eviction, b the number of notices of proceedings issued to tenants in social housing as a result of rent arrears in the period, c the total value of rent arrears in the social housing sector accumulated during the period, and d the number of eviction orders because of rent arrears issued by the First-tier Tribunal for Scotland during the period. 2 But subsection (1) does not require a report to include information on the operation of a provision if the provision has been expired before the period to which the report relates. Report on effect of Act on social care services 7 1 The Scottish Ministers must prepare and publish a report on the effect that the extension and expiry of provisions by this Act is likely to have on social care services. 2 The report must set out in particular whether the Scottish Ministers consider that further measures are required to ensure the early restoration of the availability of social care support packages and respite services to at least the level available prior to 1 March 2020. 3 The report under this section must be laid before the Scottish Parliament no later than one month after the day of Royal Assent. Minor and consequential provisions 8 1 Section 4 (children and vulnerable adults) of the Coronavirus (Scotland) Act 2020 is repealed, together with the italic heading immediately preceding it. 2 In section 12(6) of the Coronavirus (Scotland) Act 2020, for “Before” substitute “ At the same time as ” . 3 In section 12 of the Coronavirus (Scotland) Act 2020, subsections (7) and (8) are repealed. 4 In schedule 4 of the Coronavirus (Scotland) Act 2020, paragraph 16 (community orders: interpretation) is amended as follows— a in the opening words, for the words “paragraphs 12, 14 and” substitute “ paragraph ” , b the definition of “drug treatment and testing order” is repealed, c in the definition of “relevant local authority”, paragraph (b) is repealed, d the definition of “specified period” is repealed. 5 In schedule 6 of the Coronavirus (Scotland) Act 2020, paragraph 11(a) (local authority meetings: introductory) is repealed. 6 In section 9(6) of the Coronavirus (Scotland) (No.2) Act 2020, for “Before” substitute “ At the same time as ” . 7 In section 9 of the Coronavirus (Scotland) (No.2) Act 2020, subsections (7) and (8) are repealed. 8 In schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020, in paragraph 1(3) (termination of student residential tenancy by tenant: interpretation), the words “(except in paragraph 3(3))” are repealed. 9 In schedule 4 of the Coronavirus (Scotland) (No.2) Act 2020, paragraphs 10 and 11 (freedom of information: modification of Coronavirus (Scotland) Act 2020) are repealed. 10 The following instruments are revoked— a the Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2020 (S.S.I. 2020/299), and b the Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2021 (S.S.I. 2021/152). 11 The Coronavirus (Scotland) Act 2020 (Suspension: Adults with Incapacity) Regulations 2020 (S.S.I. 2020/267) are revoked. 12 Regulation 4 of the Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 (S.S.I. 2021/93) is revoked. Transitional and saving provisions 9 The schedule contains transitional and saving provisions. Power to make provision in connection with expiry 10 1 The Scottish Ministers may by regulations make consequential, transitional, transitory or saving provision in connection with the expiry under section 2 of any provision of— a the Coronavirus (Scotland) Act 2020, or b the Coronavirus (Scotland) (No.2) Act 2020. 2 Regulations under subsection (1) may— a make different provision for different purposes or areas, b modify any enactment (including this Act). 3 Regulations under subsection (1)— a which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, b otherwise, are subject to the negative procedure. Commencement 11 1 Subsections (1), (3), (4), (5), (7), (8), (11) and (12) of section 8 come into force at the end of 30 September 2021. 2 The other provisions of this Act come into force on the day after Royal Assent. Short title 12 The short title of this Act is the Coronavirus (Extension and Expiry) (Scotland) Act 2021. SCHEDULE Transitional and saving provisions (introduced by section 9) Children 1 1 Despite sections 2(3)and 8(1), section 4 of the Coronavirus (Scotland) Act 2020 and the provisions of that Act referred to in sub-paragraphs (2)to (6)continue in effect as described in those sub-paragraphs. 2 In paragraph 2 of schedule 3, sub-paragraphs (1) to (6) continue in effect in relation to a child protection order made before the end of 30 September 2021. 3 Paragraph 3 of schedule 3 continues in effect in relation to a compulsory supervision order if, at the end of 30 September 2021, the order has effect by virtue of section 83(7A) of the Children's Hearings (Scotland) Act 2011. 4 Paragraph 4 of schedule 3 continues in effect in relation to— a an interim compulsory supervision order made before the end of 30 September 2021 (but not in relation to the extension, or extension and variation, of such an order where the extension, or extension and variation, is made after 30 September 2021), and b an interim variation of compulsory supervision order made before the end of 30 September 2021, but where a sheriff specifies a period of days in accordance with section 86(3)(d)(ii), 86(3)(e)(ii) or 140(4)(d)(ii) of the Children's Hearings (Scotland) Act 2011 and that period expires after 12 November 2021, the period is to be treated as expiring at the end of 12 November 2021. 5 In paragraph 7 of schedule 3, sub-paragraphs (1) to (8) and (11) to (14) continue in effect in relation to the appeal of a decision or determination where the decision or determination in question is made before the end of 30 September 2021. 6 In paragraph 10 of schedule 3, sub-paragraphs (1) to (5) continue in effect in relation to a child where, at the end of 30 September 2021— a the child is in a placement with a foster carer where the placement of the child by the local authority has resulted in more than three children (who are not all siblings of each other) being placed with that foster carer at any one time, and b the child is not the subject of an emergency or short-term placement with a foster carer as mentioned in regulation 27A(2)(b) of the Looked After Children (Scotland) Regulations 2009 (S.S.I. 2009/210). 7 Where by virtue of sub-paragraph (6), sub-paragraphs (1) to (5) of paragraph 10 of schedule 3 continue in effect in relation to a child, regulation 27B(2) to (7) of the Looked After Children (Scotland) Regulations 2009 is to be treated as applying in relation to the child. 8 In that application— a the reference in regulation 27B(2) to the date on which A is placed with the foster carer is to be read as a reference to 30 September 2021, and b the references in regulation 27B(4) and (5) to A are to be read as references to the child. Freedom of information: Commissioner's ability to take account of impact of coronavirus 2 Despite section 2(6)(a), paragraph 6 of schedule 6 of the Coronavirus (Scotland) Act 2020 continues in effect in relation to a request made under section 1(1) of the Freedom of Information (Scotland) Act 2002 before the end of 30 September 2021. S. 8(2)(10) in force at 5.8.2021, s. 8(1)(3)(4)(5)(7)(8)(11)(12) in force at the end of 30.9.2021, see s. 11
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[uk-legislation-asp][asp] 2024-05-04 Hate Crime and Public Order (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/14/2024-04-01
http://www.legislation.gov.uk/asp/2021/14/2024-04-01 Hate Crime and Public Order (Scotland) Act 2021 An Act of the Scottish Parliament to make provision about the aggravation of offences by prejudice; to make provision about an offence of racially aggravated harassment; to make provision about offences relating to stirring up hatred against a group of persons; to abolish the common law offence of blasphemy; and for connected purposes. text text/xml en Statute Law Database 2024-04-01 Expert Participation 2024-04-01 Hate Crime and Public Order (Scotland) Act 2021 2021 asp 14 An Act of the Scottish Parliament to make provision about the aggravation of offences by prejudice; to make provision about an offence of racially aggravated harassment; to make provision about offences relating to stirring up hatred against a group of persons; to abolish the common law offence of blasphemy; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 11th March 2021 and received Royal Assent on 23rd April 2021 PART 1 Aggravation of offences by prejudice Aggravation of offences by prejudice 1 1 An offence is aggravated by prejudice if— a where there is a specific victim of the offence— i at the time of committing the offence, or immediately before or after doing so, the offender demonstrates malice and ill-will towards the victim, and ii the malice and ill-will is based on the victim's membership or presumed membership of a group defined by reference to a characteristic mentioned in subsection (2), or b whether or not there is a specific victim of the offence, the offence is motivated (wholly or partly) by malice and ill-will towards a group of persons based on the group being defined by reference to a characteristic mentioned in subsection (2). 2 The characteristics are— a age, b disability, c race, colour, nationality (including citizenship), or ethnic or national origins, d religion or, in the case of a social or cultural group, perceived religious affiliation, e sexual orientation, f transgender identity, g variations in sex characteristics. 3 It is immaterial whether or not the offender's malice and ill-will is also based (to any extent) on any other factor. 4 Evidence from a single source is sufficient to prove that an offence is aggravated by prejudice. 5 In this section— “ membership ”, in relation to a group, includes association with members of that group, “ presumed ” means presumed by the offender. Consequences of aggravation by prejudice 2 1 Subsection (2) applies where it is— a libelled in an indictment, or specified in a complaint, that an offence is aggravated by prejudice, and b proved that the offence is so aggravated. 2 The court must— a state on conviction— i that the offence is aggravated by prejudice, and ii the type of prejudice by which the offence is aggravated (by reference to one or more of the characteristics mentioned in section 1(2)), b record the conviction in a way that shows— i that the offence is aggravated by prejudice, and ii the type of prejudice by which the offence is aggravated (by reference to one or more of the characteristics mentioned in section 1(2)), c take the aggravation into account in determining the appropriate sentence, and d state— i where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or ii otherwise, the reasons for there being no such difference. PART 2 Offence of racially aggravated harassment Racially aggravated harassment 3 1 A person commits an offence if the person— a pursues a racially aggravated course of conduct which amounts to harassment of another person and— i is intended to amount to harassment of that person, or ii occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person, or b acts in a manner which is racially aggravated and which causes, or is intended to cause, another person alarm or distress. 2 A course of conduct or an action is racially aggravated if— a at the time of carrying out the course of conduct or action, or immediately before or after doing so— i the offender demonstrates malice and ill-will towards the victim, and ii the malice and ill-will is based on the victim's membership or presumed membership of a group defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or b the course of conduct or action is motivated (wholly or partly) by malice and ill-will towards a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins. 3 It is immaterial whether or not the offender's malice and ill-will is also based (to any extent) on any other factor. 4 A course of conduct must involve conduct on at least two occasions. 5 In this section— “ conduct ” includes speech, “harassment” of a person includes causing the person alarm or distress, “ membership ”, in relation to a group, includes association with members of that group, “ presumed ” means presumed by the offender. 6 A person who commits an offence under this section is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), or b on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both). PART 3 Offences relating to stirring up hatred Offences of stirring up hatred Offences of stirring up hatred 4 1 A person commits an offence if— a the person— i behaves in a manner that a reasonable person would consider to be threatening, abusive or insulting, or ii communicates to another person material that a reasonable person would consider to be threatening, abusive or insulting, and b either— i in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or ii a reasonable person would consider the behaviour or the communication of the material to be likely to result in hatred being stirred up against such a group. 2 A person commits an offence if— a the person— i behaves in a manner that a reasonable person would consider to be threatening or abusive, or ii communicates to another person material that a reasonable person would consider to be threatening or abusive, and b in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to a characteristic mentioned in subsection (3). 3 The characteristics are— a age, b disability, c religion or, in the case of a social or cultural group, perceived religious affiliation, d sexual orientation, e transgender identity, f variations in sex characteristics. 4 It is a defence for a person charged with an offence under this section to show that the behaviour or the communication of the material was, in the particular circumstances, reasonable. 5 For the purposes of subsection (4), in determining whether behaviour or communication was reasonable, particular regard must be had to the importance of the right to freedom of expression by virtue of Article 10 of the European Convention on Human Rights, including the general principle that the right applies to the expression of information or ideas that offend, shock or disturb. 6 For the purposes of subsection (4), it is shown that the behaviour or the communication of the material was, in the particular circumstances, reasonable if— a evidence adduced is enough to raise an issue as to whether that is the case, and b the prosecution does not prove beyond reasonable doubt that it is not the case. 7 For the purposes of subsections (1)(a)(i) and (2)(a)(i), a person's behaviour— a includes behaviour of any kind and, in particular, things that the person says, or otherwise communicates, as well as things that the person does, b may consist of— i a single act, or ii a course of conduct. 8 For the purposes of subsections (1)(a)(ii) and (2)(a)(ii), the ways in which a person may communicate material to another person are by— a displaying, publishing or distributing the material, b giving, sending, showing or playing the material to another person, c making the material available to another person in any other way. 9 A person who commits an offence under this section is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), or b on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both). Further provision relating to the offences Powers of entry etc. with warrant 5 1 A sheriff or justice of the peace may grant a warrant under this section authorising a constable to enter premises if the sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for suspecting— a that an offence under section 4 has been, or is being, committed at the premises, or b that there is evidence at the premises of the commission of an offence under section 4. 2 A warrant granted under this section remains in force for a period of 28 days beginning with the day on which it was granted. 3 A warrant granted under this section may authorise a constable to— a enter the premises by force if necessary, b search the premises and any person found in the premises, c seize and detain any material found on the premises, or on any person in the premises, if the constable has reasonable grounds for suspecting that it may provide evidence of the commission of an offence under section 4. 4 A constable who is authorised by a warrant granted under this section to seize and detain material may, if the material is only capable of being looked at, read, watched or listened to (as the case may be) after conversion from data stored in another form, require that the material— a be converted into such a form in a way which enables it to be taken away, or b be produced in a form which is capable of being taken away and from which it can be readily converted. 5 In this section— a “ constable ” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012, b “ premises ” means any place and includes any— i land or building, ii vehicle, vessel, trailer, aircraft or hovercraft, iii tent or moveable structure. Recording conviction for offence under section 4 6 Where a person is convicted of an offence under section 4, the court must— a state on conviction, and b record the conviction in a way that shows, the characteristic (or characteristics) to which the offence relates (by reference to it being an offence under section 4(1) or by reference to one or more of the characteristics mentioned in section 4(3)). Forfeiture and disposal of material to which offence relates 7 1 Where a person is convicted of an offence under section 4— a the court may order the forfeiture of any material to which the offence relates, and b the court may order that any of the forfeited material be disposed of in such manner as the court may direct. 2 An order made under subsection (1)(b) does not take effect until— a if an appeal is brought against the conviction or sentence, after the appeal is finally decided or abandoned, or b otherwise, after the expiry of the period within which an appeal against the conviction or sentence may be brought. 3 For the purposes of subsection (2), the lodging of an application for a stated case or note of appeal against sentence is to be treated as the bringing of an appeal. Individual culpability where organisation commits offence 8 1 This section applies where— a an offence under section 4 is committed by a relevant organisation, and b the commission of the offence involves consent or connivance on the part of a responsible individual. 2 The responsible individual (as well as the relevant organisation) commits the offence. 3 For the purposes of this section— a “ relevant organisation ” means an organisation listed in the first column of the table in subsection (4), b “ responsible individual ” means, in relation to a relevant organisation— i an individual falling within the corresponding entry in the second column of the table in subsection (4), or ii an individual purporting to act in the capacity of an individual falling within the corresponding entry. 4 The table is as follows— Relevant organisation Individual company as mentioned in section 1 of the Companies Act 2006 director, manager, secretary or other similar officer member, where the company's affairs are managed by its members limited liability partnership member other partnership partner any other body or association individual who is concerned in the management or control of its affairs Protection of freedom of expression 9 For the purposes of section 4(2), behaviour or material is not to be taken to be threatening or abusive solely on the basis that it involves or includes— a discussion or criticism of matters relating to— i age, ii disability, iii sexual orientation, iv transgender identity, v variations in sex characteristics, b discussion or criticism relating to, or expressions of antipathy, dislike, ridicule or insult towards— i religion, whether religions generally or a particular religion, ii religious beliefs or practices, whether religious beliefs or practices generally or a particular religious belief or practice, iii the position of not holding religious beliefs, whether religious beliefs generally or a particular religious belief, c proselytising, or d urging of persons to cease practising their religions. Interpretation of Part 3 10 1 This section applies for the interpretation of this Part. 2 “ European Convention on Human Rights ” means the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950. 3 “ Material ” means anything that is capable of being looked at, read, watched or listened to, either directly or after conversion from data stored in another form. 4 References to an offence under a particular section include references to an offence of— a attempting to commit an offence under that section, b aiding, abetting, counselling, procuring or inciting the commission of an offence under that section, c conspiring to commit an offence under that section. PART 4 Further provision relating to hate crime The characteristics Meaning of the characteristics 11 1 This section applies for the interpretation of sections 1, 4 and 9. 2 A reference to age includes a reference to an age range. 3 A disability is a physical or mental impairment of any kind. 4 For the purposes of subsection (3) (but without prejudice to its generality), a medical condition which has, has had, or may have a substantial or long-term effect, or is of a progressive nature, is to be regarded as amounting to an impairment. 5 A group defined by reference to religion is a group of persons defined by reference to— a religious belief or lack of religious belief, b membership of or adherence to a church or religious organisation, c support for the culture or traditions of a church or religious organisation, d participation in activities associated with such a culture or such traditions. 6 A reference to sexual orientation is a reference to sexual orientation towards— a persons of the same sex, b persons of a different sex, or c both persons of the same sex and persons of a different sex. 7 A person is a member of a group defined by reference to transgender identity if the person is— a a female-to-male transgender person, b a male-to-female transgender person, c a non-binary person, d a person who cross-dresses, and references to transgender identity are to be construed accordingly. 8 A person is a member of a group defined by reference to variations in sex characteristics if the person is born with physical and biological sex characteristics which, taken as a whole, are neither— a those typically associated with males, nor b those typically associated with females, and references to variations in sex characteristics are to be construed accordingly. Power to add the characteristic of sex 12 1 The Scottish Ministers may by regulations add the characteristic of sex to the list of characteristics in one or more of the following provisions— a section 1(2), b section 4(3), c section 9(a). 2 Regulations under this section may modify sections 14(3) and 15(4) by making provision about the information relating to the characteristic of sex which may require to be included in reports under those sections. 3 Regulations under this section may modify section 11 by adding interpretative provision relating to the characteristic of sex. 4 Regulations under this section— a may make incidental, supplementary, consequential, transitional, transitory or saving provision, b may make different provision for different purposes, c are subject to the affirmative procedure. 5 Before laying a draft of a Scottish statutory instrument containing regulations under this section before the Scottish Parliament, the Scottish Ministers must— a lay before the Scottish Parliament a proposed draft of the instrument, b have regard to any representations about the proposed draft that are made to them within the period of 40 days beginning with the day on which the proposed draft is laid and make any changes to the draft instrument that they consider appropriate. 6 In calculating the period of 40 days, no account is to be taken of any time during which the Scottish Parliament is dissolved or is in recess for more than 4 days. Providers of information society services Provision in relation to providers of information society services 13 Schedule 1 makes further provision about offences under sections 3 and 4 in relation to persons providing information society services (as defined in paragraph 4 of that schedule). Reports relating to hate crime Publication of reports on hate crime convictions 14 1 The Scottish Ministers must, as soon as reasonably practicable after the end of each reporting year, publish a report on convictions during that reporting year for— a offences aggravated by prejudice within the meaning of section 1, and b offences under this Act. 2 The Scottish Ministers must provide information about the groups to which the offences relate by including in the report— a information about convictions for offences which, by virtue of being offences under section 3 or 4(1), relate to groups defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, b in respect of each conviction for an offence aggravated by prejudice within the meaning of section 1, information about the type of prejudice by which the offence was aggravated (by reference to one or more of the characteristics mentioned in section 1(2)), and c in respect of each conviction for an offence under section 4(2), information about the characteristic to which the offence relates (by reference to one or more of the characteristics mentioned in section 4(3)). 3 The Scottish Ministers must— a take reasonable steps to establish whether the information provided under subsection (2) about the groups to which the offences relate may be supplemented by information about any subgroups to which the offences relate, including (in particular) where a conviction is for an offence relating to a group defined by reference to— i age, the particular age or age range to which the offence relates, ii disability, the particular type of disability to which the offence relates, including whether it is a physical impairment or a mental impairment, iii race, colour, nationality (including citizenship), or ethnic or national origins, the particular race, colour, nationality (including citizenship), or ethnic or national origins to which the offence relates, iv religion or, in the case of a social or cultural group, perceived religious affiliation, the particular religion (including lack of religious belief) or religious affiliation to which the offence relates, v sexual orientation, whether the offence relates to sexual orientation towards persons of the same sex, towards persons of a different sex, or towards both persons of the same sex and persons of a different sex, vi transgender identity, whether the offence relates to identity as a female-to-male transgender person, as a male-to-female transgender person, as a non-binary person, or as a person who cross-dresses, and b if they establish that the information provided under subsection (2) may be so supplemented, take reasonable steps to obtain that supplementary information and include it in the report. 4 The report must not include information in respect of any conviction— a which identifies any individual, or b from which the identity of any individual may be ascertained. 5 The report may be in any form that the Scottish Ministers consider appropriate and (in particular) may be part of another document. 6 In this section, “ reporting year ” means a period of one year ending on 31 March. Publication of reports on hate crime recorded by police 15 1 The chief constable of the Police Service must, as soon as reasonably practicable after the end of each reporting year, provide the information that the Scottish Ministers require in order to publish a report in accordance with this section. 2 The Scottish Ministers must, as soon as reasonably practicable after receipt of information under subsection (1), publish a report on records made by the Police Service during that reporting year of cases categorised by the Police Service as— a offences aggravated by prejudice within the meaning of section 1, and b offences under this Act. 3 The report must include the following information in respect of each recorded offence to the extent that this information has been recorded by the Police Service— a the age, sex, and ethnic or national origins of any person recorded as being a victim of the offence, b the age, sex, and ethnic or national origins of any person recorded as being a perpetrator or suspected perpetrator of the offence. 4 The report must include the following information to the extent that this information has been recorded by the Police Service— a in respect of each record of an offence under section 3 and each record of an offence under section 4(1), the particular race, colour, nationality (including citizenship), or ethnic or national origins recorded as being targeted, b in respect of each record of an offence aggravated by prejudice within the meaning of section 1 and each record of an offence under section 4(2)— i the particular characteristic mentioned in section 1(2) or 4(3) which is recorded as being targeted, ii where the characteristic is age, the particular age or age range recorded as being targeted, iii where the characteristic is disability, the particular type of disability that is recorded as being targeted, including whether it is a physical impairment or a mental impairment, iv where the characteristic is race, colour, nationality (including citizenship), or ethnic or national origins, the particular race, colour, nationality (including citizenship), or ethnic or national origins recorded as being targeted, v where the characteristic is religion or, in the case of a social or cultural group, perceived religious affiliation, the particular religion (including lack of religious belief) or religious affiliation recorded as being targeted, vi where the characteristic is sexual orientation, whether the sexual orientation that is recorded as being targeted is sexual orientation towards persons of the same sex, towards persons of a different sex, or towards both persons of the same sex and persons of a different sex, vii where the characteristic is transgender identity, whether the transgender identity that is recorded as being targeted is identity as a female-to-male transgender person, as a male-to-female transgender person, as a non-binary person, or as a person who cross-dresses. 5 The report must not include information in respect of any recorded offence— a which identifies any individual, or b from which the identity of any individual may be ascertained. 6 The report may be in any form that the Scottish Ministers consider appropriate and (in particular) may be part of another document. 7 In this section— “ Police Service ” means the Police Service of Scotland, “ reporting year ” means a period of one year ending on 31 March. PART 5 Abolition of the offence of blasphemy Abolition of the offence of blasphemy 16 The common law offence of blasphemy is abolished. PART 6 General provisions Ancillary provision 17 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under this section may— a make different provision for different purposes, b modify any enactment (including this Act). 3 Regulations under this section— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of this or any other Act, b otherwise, are subject to the negative procedure. Modifications of enactments 18 Schedule 2 contains modifications of enactments. Crown application: criminal offences 19 1 Nothing in this Act makes the Crown criminally liable. 2 The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1). 3 Subsection (1) does not affect the criminal liability of persons in the service of the Crown. Crown application: powers of entry 20 1 A warrant granted under section 5 is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”). Crown land Appropriate authority Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners) The Crown Estate Commissioners Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Scottish Crown Estate The person managing the land Land an interest in which belongs to Her Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown Estate The office-holder in the Scottish Administration or, as the case may be, the Government department managing the land Land an interest in which belongs to Her Majesty in right of Her private estates The person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers Land an interest in which belongs to an office-holder in the Scottish Administration The office-holder in the Scottish Administration Land an interest in which belongs to a Government department The Government department Land an interest in which is held in trust for Her Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration The office-holder in the Scottish Administration Land an interest in which is held in trust for Her Majesty for the purposes of a Government department The Government department 2 In subsection (1)— a the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862, b “ Government department ” means a department of the Government of the United Kingdom, c “ Scottish Crown Estate ” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies. 3 It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (1) is the appropriate authority in relation to any land, and their decision is final. Commencement 21 1 This section and sections 17 and 22 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 22 The short title of this Act is the Hate Crime and Public Order (Scotland) Act 2021. SCHEDULE 1 Offences under sections 3 and 4: information society services (introduced by section 13) Exceptions for mere conduits 1 1 A service provider does not commit an offence under section 3 or 4 in respect of the information transmitted in the course of providing so much of an information society service as consists in— a the provision of access to a communication network, or b the transmission in a communication network of information provided by a recipient of the service, if the transmission condition is satisfied. 2 The transmission condition is satisfied if the service provider does not— a initiate the transmission, b select the recipient of the transmission, or c select or modify the information contained in the transmission. 3 For the purposes of sub-paragraph (1)— a the provision of access to a communication network, and b the transmission of information in a communication network, include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. 4 Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission. Exception for caching 2 1 This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service. 2 The service provider does not commit an offence under section 3 or 4 in respect of the automatic, intermediate and temporary storage of information so provided, if— a the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and b the condition in sub-paragraph (3) is satisfied. 3 The condition is that the service provider— a does not modify the information, b complies with any conditions attached to having access to the information, and c where sub-paragraph (4) applies, expeditiously removes the information or disables access to it. 4 This sub-paragraph applies if the service provider obtains actual knowledge that— a the information at the initial source of transmission has been removed from the network, b access to it has been disabled, or c a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. Exception for hosting 3 1 A service provider does not commit an offence under section 3 or 4 in respect of information stored in the course of providing so much of an information society service as consists of the storage of information provided by a recipient of the service, if sub-paragraph (2) or (3) is satisfied. 2 This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided that the storage of the information by the service provider constituted an offence under section 3 or 4 (as the case may be). 3 This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to it. 4 Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider. Interpretation 4 In this schedule— “ information society services ” has the meaning given in Article 2(a) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), “ recipient ”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible, “ service provider ” means a person providing an information society service. SCHEDULE 2 Modifications of enactments (introduced by section 18) Public Order Act 1986 1 1 The Public Order Act 1986 is amended in accordance with this paragraph. 2 Sections 18 to 21 (stirring up racial hatred) are repealed. 3 In section 23— a in subsection (1)(a), the words “displayed, published, distributed, or” are repealed, b in subsection (1)(b), the words “distributed, shown, played, or” are repealed, c in subsection (2), the words “display, publication, distribution, showing, playing, or” are repealed. 4 In section 25(1), for paragraphs (a) and (b), substitute “ an offence under section 23 ” . 5 In section 29— a the definitions of “distribute”, “dwelling” and “publish” are repealed, b for the definition of “recording” (including the interpretation of “play” and “ show ”, in relation to a recording), substitute— “ recording ” means any record from which visual images or sounds may, by any means, be reproduced; . Criminal Law (Consolidation) (Scotland) Act 1995 2 Section 50A (racially-aggravated harassment) of the Criminal Law (Consolidation) (Scotland) Act 1995 is repealed. Crime and Disorder Act 1998 3 Section 96 (offences racially aggravated) of the Crime and Disorder Act 1998 is repealed. Criminal Justice (Scotland) Act 2003 4 Section 74 (offences aggravated by religious prejudice) of the Criminal Justice (Scotland) Act 2003 is repealed. Offences (Aggravation by Prejudice) (Scotland) Act 2009 5 The Offences (Aggravation by Prejudice) (Scotland) Act 2009 is repealed. Sch. 2 para. 1 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) Sch. 2 para. 2 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) Sch. 2 para. 3 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) Sch. 2 para. 4 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) Sch. 2 para. 5 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 1 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 2 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 3 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 4 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 5 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 6 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 7 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 8 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 9 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 10 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 11 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 12 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 13 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 14 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 15 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 16 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 18 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 19 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) S. 20 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) Sch. 1 para. 1 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) Sch. 1 para. 2 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) Sch. 1 para. 3 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 ) Sch. 1 para. 4 in force at 1.4.2024 by S.S.I. 2024/82 , reg. 2 (with reg. 3 )
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[uk-legislation-asp][asp] 2024-05-04 Scottish Parliamentary Standards (Sexual Harassment and Complaints Process) Act 2021
http://www.legislation.gov.uk/asp/2021/12/2021-10-21
http://www.legislation.gov.uk/asp/2021/12/2021-10-21 Scottish Parliamentary Standards (Sexual Harassment and Complaints Process) Act 2021 An Act of the Scottish Parliament to allow the Commissioner for Ethical Standards in Public Life in Scotland to investigate complaints of past sexual harassment made about members of the Parliament in respect of behaviour towards members of their own staff; to remove the default time limit for making complaints to the Commissioner; and to remove any requirement for the complainer's signature. text text/xml en Statute Law Database 2021-05-03 2021-10-21 Scottish Parliamentary Standards (Sexual Harassment and Complaints Process) Act 2021 2021 asp 12 An Act of the Scottish Parliament to allow the Commissioner for Ethical Standards in Public Life in Scotland to investigate complaints of past sexual harassment made about members of the Parliament in respect of behaviour towards members of their own staff; to remove the default time limit for making complaints to the Commissioner; and to remove any requirement for the complainer's signature. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 4th March 2021 and received Royal Assent on 21st April 2021 Complaints about past sexual harassment 1 1 The Scottish Parliamentary Standards Commissioner Act 2002 is amended as follows. 2 In section 3 (functions of the Commissioner)— a in subsection (3), after “force” insert “ , or treated as having been in force under subsection (4A), ” , b after subsection (4), insert— 4A For the purpose of subsection (3), paragraphs 5 and 6 of section 7 of the Code of Conduct of 7 January 2020 are, to the extent that they relate to sexual harassment by a member of the Parliament of that member's own staff, to be treated as having come into force on 24 February 2000 with the first edition of the Code of Conduct. . 3 In section 20 (interpretation), after the entry for “Code of Conduct” insert— “ Code of Conduct of 7 January 2020 ” means the second version of the seventh edition of the Code of Conduct, incorporating the revisions approved by resolution of the Parliament on 10 December 2019, which was brought into force with effect from 7 January 2020; . Removal of default time limit 2 1 The Scottish Parliamentary Standards Commissioner Act 2002 is amended as follows. 2 In section 6(5) (admissibility of complaints)— a after paragraph (c), insert “ and ” , b paragraph (e) and the “and” immediately preceding it are repealed. Removal of requirement for signature 3 1 The Scottish Parliamentary Standards Commissioner Act 2002 is amended as follows. 2 In section 6 (admissibility of complaints), in subsection (5)(b), the words “, is signed by that person” are repealed. 3 In section 11 (withdrawal of a complaint), in subsection (1), the words “which is signed by the complainer” are repealed. Commencement 4 1 This section and section 5 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force at the end of the period of 6 months beginning with the day of Royal Assent. 3 For the avoidance of doubt, the modifications of the Scottish Parliamentary Standards Commissioner Act 2002 made by section 1 do not apply in relation to complaints received by the Commissioner for Ethical Standards in Public Life in Scotland before the day on which that section comes into force. Short title 5 The short title of this Act is the Scottish Parliamentary Standards (Sexual Harassment and Complaints Process) Act 2021.
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[uk-legislation-asp][asp] 2024-05-04 Pre-release Access to Official Statistics (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/11/2021-04-22
http://www.legislation.gov.uk/asp/2021/11/2021-04-22 Pre-release Access to Official Statistics (Scotland) Act 2021 An Act of the Scottish Parliament to make provision about restricting pre-release access to certain official statistics; and for connected purposes. text text/xml en Statute Law Database 2021-05-08 2021-04-22 Pre-release Access to Official Statistics (Scotland) Act 2021 2021 asp 11 An Act of the Scottish Parliament to make provision about restricting pre-release access to certain official statistics; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 4th March 2021 and received Royal Assent on 21st April 2021 Pre-release access to official statistics: rules and principles 1 1 The Statistics and Registration Service Act 2007 is amended as follows. 2 In section 11 (pre-release access), after subsection (5), insert— 5A Subsections (2) to (5) are subject to section 11A. . 3 After section 11, insert— Restrictions on provision by Scottish Ministers for rules and principles for pre-release access 11A 1 Rules and principles provided for by the Scottish Ministers by order made under section 11(2) on or after the day on which this section comes into force may not provide for the granting of pre-release access to official statistics on Scotland's gross domestic product or Scottish retail sales (whether by volume or value). 2 Subsection (1) does not apply to provision made under section 11(2) to give effect to a recommendation contained in the report laid before the Scottish Parliament in accordance with section 3 of the Pre-release Access to Official Statistics (Scotland) Act 2021. 3 Rules and principles provided for by the Scottish Ministers by order under section 11(2) may not allow pre-release access to economic statistics for a period exceeding 1 working day before publication. 4 In subsection (3), “economic statistics”— a includes official statistics concerning devolved and local taxes, local government finance, labour productivity, exports, capital and revenue outturn budget estimates, government expenditure and revenue, oil production and gas production; but b does not include statistics produced by the Scottish Ministers in the exercise of a function which is exercisable by them pursuant to an Order made under section 63(1)(a) of the Scotland Act 1998. 5 Subsections (1) and (3) do not prevent the Scottish Ministers from providing in rules and principles made by order under section 11— a for the granting of pre-release access to official statistics on Scotland's gross domestic product or Scottish retail sales (whether by volume or value); b that there should be no maximum period for pre-release access to official statistics, in respect of cases where the condition set out in subsection (6) is met. 6 That condition is that the person responsible considers that pre-release access is necessary to ensure, where a publication or other material is being prepared by or on behalf of any public body or office-holder for publication at the same time or shortly after the publication of the official statistics, that any statistics contained in that publication or material are correct or that the publication or material is otherwise properly informed by those official statistics. 7 Nothing in this section prevents the Scottish Ministers from providing in rules and principles made by order under section 11 for the release of official statistics in their final form to any individual directly responsible for their printing and production for use solely for those purposes. . Amendment of the Pre-release Access to Official Statistics (Scotland) Order 2008 2 1 The Pre-release Access to Official Statistics (Scotland) Order 2008 (S.S.I. 2008/399) is amended as follows. 2 In article 2, at the appropriate place insert— “ economic statistics ”— a includes official statistics concerning devolved and local taxes, local government finance, labour productivity, exports, capital and revenue outturn budget estimates, government expenditure and revenue, oil production and gas production; but b does not include statistics produced by the Scottish Ministers in the exercise of a function which is exercisable by them pursuant to an Order made under section 63(1)(a) of the Scotland Act 1998. . 3 In the Schedule— a in paragraph 4(1)(a), after “market-sensitive statistics” insert “ or economic statistics ” ; b after paragraph 4 insert— Further restrictions on pre-release access 4A 1 In this paragraph, official statistics on Scotland's gross domestic product and official statistics on Scottish retail sales (whether by volume or value) are referred to as “ excepted statistics ”. 2 During Year 1 the maximum period which may be allowed for pre-release access to excepted statistics is 1 working day before publication. 3 During Year 2 the maximum period is four hours before publication. 4 After the end of Year 2 pre-release access to excepted statistics may not be granted. 5 In this paragraph— “ Year 1 ” is the period of one year beginning on the day after the Pre-release Access to Official Statistics (Scotland) Act 2021 receives Royal Assent; “ Year 2 ” is the period of one year beginning on the day following the end of Year 1. . Duty to commission review 3 1 As soon as practicable after the end of the period of 3 years beginning with Royal Assent, the Scottish Ministers must commission a review of, and preparation of a report on, the impact of the reduction and removal of pre-release access to official statistics on Scotland's gross domestic product and Scottish retail sales (whether by volume or value). 2 The person or organisation appointed to conduct the review required under subsection (1) must be independent of the Scottish Ministers. 3 The Scottish Ministers must, as soon as practicable after receiving the report required under subsection (1)— a publish the report, and b lay a copy of the report before the Scottish Parliament. Commencement 4 This Act comes into force on the day after Royal Assent. Short title 5 The short title of this Act is the Pre-release Access to Official Statistics (Scotland) Act 2021.
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[uk-legislation-asp][asp] 2024-05-04 Defamation and Malicious Publication (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/10/2022-08-08
http://www.legislation.gov.uk/asp/2021/10/2022-08-08 Defamation and Malicious Publication (Scotland) Act 2021 An Act of the Scottish Parliament to amend the law of defamation; replace the common law delicts of verbal injury with delicts of malicious publication; and for connected purposes. text text/xml en Statute Law Database 2022-11-27 Expert Participation 2022-08-08 Defamation and Malicious Publication (Scotland) Act 2021 2021 asp 10 An Act of the Scottish Parliament to amend the law of defamation; replace the common law delicts of verbal injury with delicts of malicious publication; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 2nd March 2021 and received Royal Assent on 21st April 2021 PART 1 Defamation Actionability and restrictions on bringing proceedings Actionability of defamatory statements 1 1 This section applies to a defamatory statement made or published by a person (A) about another person (B). 2 A right to bring defamation proceedings in respect of the statement accrues only if— a A has published the statement to a person other than B, and b the publication of the statement has caused (or is likely to cause) serious harm to the reputation of B. 3 For the purposes of subsection (2) (b), where B is a non-natural person which has as its primary purpose trading for profit, harm to B's reputation is not “serious harm” unless it has caused (or is likely to cause) B serious financial loss. 4 For the purposes of this Act, unless the context otherwise requires— a a statement about a person is defamatory if it causes harm to the person's reputation (that is, if it tends to lower the person's reputation in the estimation of ordinary persons), b a reference to publishing a statement is a reference to communicating the statement by any means to a person in a manner that the person can access and understand, and c a statement is published when the recipient has seen or heard it. 5 Nothing in this section affects a right to bring proceedings which accrued before the commencement of this section. Prohibition on public authorities bringing proceedings 2 1 A public authority may not bring defamation proceedings. 2 For the purpose of subsection (1), a public authority is— a any institution of central government, including in particular the Scottish Ministers and any non-natural person owned or controlled by them, b any institution of local government, including in particular each local authority and any non-natural person that such an authority owns or controls, c a court or tribunal, d any person or office not falling within paragraphs (a) to (c) whose functions include functions of a public nature (unless excluded by regulations made under subsection (6)). 3 But, where the person— a is a non-natural person which— i has as its primary purpose trading for profit, or ii is a charity or has purposes consisting only of one or more charitable purposes, and b is not owned or controlled by a public authority, it is not a public authority by reason only of its carrying out functions of a public nature from time to time. 4 For the purposes of this section, a non-natural person is owned or controlled by a public authority if the authority— a holds (directly or indirectly) the majority of shares or voting rights in it, b has the right (directly or indirectly) to appoint or remove a majority of the board of directors of it, or c has the right to exercise, or actually exercises, significant influence or control over it. 5 For the avoidance of doubt, nothing in this section prevents an individual from bringing defamation proceedings in a personal capacity (as distinct from the individual acting in the capacity of an office-holder or employee). 6 The Scottish Ministers may by regulations make provision specifying persons or descriptions of persons who are or are not to be treated as a public authority for the purpose of subsection (1). 7 Regulations under subsection (6) are subject to the affirmative procedure. 8 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (6) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. 9 In this section— a a reference to a charity is a reference to a non-natural person— i registered in the Scottish Charity Register, or ii managed or controlled wholly or mainly outwith Scotland and which is registered in a register equivalent to the Scottish Charity Register for the purposes of the country in which it operates, b “ charitable purposes ” is to be construed in accordance with section 7(2) of the Charities and Trustee Investment (Scotland) Act 2005. Restriction on proceedings against secondary publishers 3 1 Except as may be provided for under section 4, a right to bring defamation proceedings in respect of a defamatory statement does not accrue against a person unless the person is— a the author, editor or publisher of the statement, or b both— i an employee or agent of such a person, and ii responsible for the statement's content or the decision to publish it. 2 In this section, subject to subsections (3) to (5)— “ author ” means the person from whom the statement originated, but does not include a person who did not intend the statement to be published, “ editor ” means a person with editorial or equivalent responsibility for the content of the statement or the decision to publish it, “ publisher ” means a commercial publisher (that is to say, a person whose business is issuing material to the public or to a section of the public) who issues material containing the statement in the course of that business. 3 Where a statement is in electronic form, a person is not to be considered the editor of the statement or, in the case of an employee or agent of such a person, responsible for its content or the decision to publish it, if— a the person's involvement with the statement is only— i publishing the same statement or providing a means to access the statement (for example a hyperlink) in a manner which does not alter the statement, or ii marking the person's interest in, approval of or disapproval of the statement in a manner which does not alter the statement (typically by means of a symbol), and b that involvement does not materially increase the harm caused by the publication of the statement. 4 A person is not to be considered the author, editor or publisher of a statement or, in the case of an employee or agent of such a person, responsible for its content or the decision to publish it, if the person's involvement with the statement is only— a printing, producing, distributing or selling printed material containing the statement, b processing, making copies of, distributing, exhibiting or selling a film or sound recording (as defined in Part 1 of the Copyright, Designs and Patents Act 1988) containing the statement, c processing, making copies of, distributing or selling any electronic medium in or on which the statement is recorded, d operating or providing any equipment, system or service by means of which the statement is retrieved, copied, distributed or made available in electronic form, e broadcasting a live programme containing the statement in circumstances in which the person has no effective control over the maker of the statement, f operating or providing access to a communications system by means of which another person over whom the person has no effective control transmits the statement or makes it available, g moderating the statement (for example, by removing obscene language or correcting typographical errors without altering the substance of the statement). 5 Where a person does not fall within subsection (3) (a) or (4) (a) to (g), the court may have regard to those paragraphs by way of analogy in determining whether a person is the author, editor or publisher of a statement (or, in the case of an employee or agent of such a person, responsible for its content or the decision to publish it). 6 The Scottish Ministers may by regulations modify subsection (3) or (4) to add, amend or remove activities or methods of disseminating or processing material. 7 Regulations under subsection (6)— a may be made only where the Scottish Ministers consider it appropriate to take account of— i technological developments (including obsolescence) relating to the dissemination or processing of material, or ii changes in how material is disseminated or processed as a result of such developments, and b are subject to the affirmative procedure. 8 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (6), the Scottish Ministers must consult such persons as they consider appropriate. Power to specify persons to be treated as publishers 4 1 The Scottish Ministers may by regulations specify categories of persons who are to be treated as publishers of a statement for the purpose of defamation proceedings despite not being— a the author, editor or publisher of the statement as defined in section 3, or b an employee or agent of such a person. 2 Regulations under subsection (1) may also provide for a defence to defamation proceedings for a person who— a is treated as a publisher under such regulations, b did not know and could not reasonably be expected to have known that the material which the person disseminated contained a defamatory statement, and c satisfies any further conditions specified by the regulations. 3 Regulations under subsection (1) are subject to the affirmative procedure. 4 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate. Defences Defence of truth 5 1 It is a defence to defamation proceedings for the defender to show that the imputation conveyed by the statement complained of is true or is substantially true. 2 Where defamation proceedings are brought in respect of a statement conveying two or more distinct imputations, the defence under subsection (1) does not fail if— a not all of the imputations have been shown to be true or substantially true, and b having regard to the imputations that have been shown to be true or substantially true, publication of the remaining imputations has not caused serious harm to the reputation of the pursuer. Defence of publication on a matter of public interest 6 1 It is a defence to defamation proceedings for the defender to show that— a the statement complained of was, or formed part of, a statement on a matter of public interest, and b the defender reasonably believed that publishing the statement complained of was in the public interest. 2 Subject to subsections (3) and (4), in determining whether the defender has shown the matters mentioned in subsection (1), the court must have regard to all the circumstances of the case. 3 If the statement complained of was, or formed part of, an accurate and impartial account of a dispute to which the pursuer was a party, the court must, in determining whether it was reasonable for the defender to believe that publishing the statement was in the public interest, disregard any omission of the defender to take steps to verify the truth of the imputation conveyed by it. 4 In determining whether it was reasonable for the defender to believe that publishing the statement was in the public interest, the court must make such allowance for editorial judgement as it considers appropriate. 5 For the avoidance of doubt, the defence under this section may be relied upon irrespective of whether the statement complained of is a statement of fact or a statement of opinion. Defence of honest opinion 7 1 Subject to subsections (5) and (6), it is a defence to defamation proceedings for the defender to show that the conditions in subsections (2) to (4) are met. 2 The first condition is that the statement complained of was a statement of opinion. 3 The second condition is that the statement indicated, either in general or specific terms, the evidence on which it was based. 4 The third condition is that an honest person could have held the opinion conveyed by the statement on the basis of any part of that evidence. 5 The defence fails if the pursuer shows that the defender did not genuinely hold the opinion conveyed by the statement. 6 Where the statement complained of was published by the defender but made by another person (“the author”)— a subsection (5) does not apply, but b the defence fails if the pursuer shows that the defender knew, or ought to have known, that the author did not genuinely hold the opinion conveyed by the statement. 7 For the purpose of subsection (2), a “ statement of opinion ” includes a statement which draws an inference of fact. 8 For the purpose of subsections (3) and (4), “ evidence ” means— a any fact which existed at the time the statement was published, b anything asserted to be a fact in a privileged statement made available before, or on the same occasion as, the statement complained of, or c anything that the defender reasonably believed to be a fact at the time the statement was published. 9 For the purpose of subsection (8) (b), a statement is a “privileged statement” if the person responsible for its publication would have one or more of the following defences if defamation proceedings were to be brought in respect of it— a the defence of publication on a matter of public interest under section 6, b the defence of absolute privilege under section 9, or c the defence of qualified privilege under section 10 or 11. Abolition of common law defences and transitional provision 8 1 Any rules of law providing for— a the defence of innocent dissemination, b the defence of veritas, c the defence known as the Reynolds defence, d the defence of fair comment, cease to have effect. 2 Nothing in sections 5 to 7 or subsection (1) of this section has effect in relation to defamation proceedings if the right to bring the proceedings accrued before the commencement of the section or subsection in question. Absolute privilege Contemporaneous reports of court proceedings 9 1 The contemporaneous publication of a statement which is a fair and accurate report of proceedings in public before a court to which this section applies is absolutely privileged. 2 Where the publication of a report of proceedings is required to be postponed— a by an order of the court, or b as a consequence of a statutory provision, it is to be treated as being contemporaneously published if it is published as soon as practicable after that is permitted. 3 This section applies to— a any court in the United Kingdom, b any court established under the law of a country or territory outside the United Kingdom, and c any international court or tribunal established by the Security Council of the United Nations or by an international agreement. 4 For the purposes of subsection (3) (a) and (b), “ court ” includes any tribunal or body exercising the judicial power of the State. Qualified privilege Peer-reviewed statement in scientific or academic journal etc. 10 1 The publication of a statement in a scientific or academic journal is privileged if the conditions in subsections (2) and (3) are met. 2 The first condition is that the statement relates to a scientific or academic matter. 3 The second condition is that before the statement was published an independent review of the statement's scientific or academic merit was carried out by— a the editor of the journal, and b one or more persons with expertise in the scientific or academic matter concerned. 4 Where the publication of a statement in a scientific or academic journal is privileged by virtue of subsection (1), the publication in the same journal of any assessment of the statement's scientific or academic merit is also privileged if— a the assessment was written by one or more of the persons who carried out the independent review of the statement, and b the assessment was written in the course of that review. 5 Where the publication of a statement or assessment is privileged by virtue of this section, the publication of a fair and accurate copy of, extract from or summary of the statement or assessment is also privileged. 6 The publication of a statement is not privileged by virtue of this section if it is shown to have been made with malice. 7 Nothing in this section is to be construed as— a protecting the publication of matter the publication of which is prohibited by law, or b limiting any privilege subsisting apart from this section. 8 The reference in subsection (3) (a) to “the editor of the journal” is to be read, in the case of a journal with more than one editor, as a reference to the editor or editors who were responsible for deciding to publish the statement concerned. Other statements protected by qualified privilege 11 1 Other than as provided in this section, the publication of any statement mentioned in the schedule (however described) is privileged. 2 The publication of a statement is not privileged by virtue of this section if it is shown to have been made with malice. 3 Subsection (4) applies to defamation proceedings brought in respect of the publication of a statement mentioned in Part 2 of the schedule. 4 If the pursuer shows that the defender— a was requested by the pursuer to publish, in a suitable manner, a reasonable statement by way of explanation or contradiction, and b refused or neglected to do so, the publication of the statement complained of is not privileged by virtue of this section. 5 For the purpose of subsection (4) (a), “ in a suitable manner ” means— a in the same manner as the statement complained of, or b in a manner that is adequate and reasonable in the circumstances. 6 This section does not apply to the publication of matter which is not of public interest and the publication of which is not for the public benefit. 7 Nothing in this section is to be construed as— a protecting the publication of matter the publication of which is prohibited by law, or b limiting any privilege subsisting apart from this section. Privilege: transitional provision 12 Nothing in sections 9 to 11 (or the schedule) has effect in relation to defamation proceedings if the right to bring the proceedings accrued before the commencement of the section in question. Offers to make amends Offer to make amends 13 1 An offer to make amends is an offer made by a person (A) who has published a statement which another person (B) alleges is defamatory to make amends to B by— a making a suitable correction of— i the statement generally, or ii a specific defamatory meaning conveyed by the statement, b giving a sufficient apology, c publishing the correction and apology in a manner that is reasonable and practicable in the circumstances, d paying to B such compensation and expenses as may be agreed or determined to be payable (if any), and e taking such other steps (if any) as A may propose. 2 The offer must— a be made before A lodges defences in any defamation proceedings brought by B in relation to the statement, b be in writing, c state that it is an offer to make amends under this section, and d if made in relation to a specific defamatory meaning only, state that it is a qualified offer and set out the meaning in relation to which it is made. 3 An offer made under this section— a may be withdrawn before it is accepted, b may be renewed (such renewal being treated as a new offer), c is deemed to have been rejected if not accepted within a reasonable period. Acceptance and enforcement of offer to make amends 14 1 This section applies where a person (B) accepts an offer to make amends made under section 13. 2 B may not bring or continue defamation proceedings against the person who made the offer (A) in respect of— a in the case of a qualified offer, the specific defamatory meaning set out in the offer, or b in any other case, the statement, but may enforce the offer in accordance with this section. 3 If A and B agree on the steps to be taken in fulfilment of the offer, B may apply to the court for an order requiring A to take the agreed steps. 4 If A and B do not agree on the steps to be taken by way of correction, apology and publication, A may take such steps as A considers appropriate, and may in particular— a make the correction and apology in open court in terms approved by the court, and b give an undertaking to the court as to the manner in which A will publish the correction and apology. 5 If A and B do not agree on the amount to be paid by way of compensation, the court must determine the appropriate amount on the same principles as damages in defamation proceedings. 6 In determining the appropriate amount to be paid under subsection (5), the court must take account of— a any steps taken in fulfilment of the offer, and b so far as not agreed between A and B— i the suitability of the correction, ii the sufficiency of the apology, and iii whether the manner of the publication of the correction and apology was reasonable in the circumstances, and may reduce or increase the amount to be paid from that offered (if any) accordingly. 7 If A and B do not agree on the amount to be paid by way of expenses, the court must determine the appropriate amount on the same principles as expenses awarded in court proceedings. 8 Proceedings under this section are to be heard and determined without a jury. 9 In this section, a “qualified offer” is an offer to make amends made under section 13 that is made only in relation to a specific defamatory meaning which the person making the offer accepts that the statement conveys. Offer to make amends: multiple persons responsible for statement 15 1 This section applies where a person (B)— a has a right to bring defamation proceedings against more than one person in respect of an allegedly defamatory statement, and b has accepted an offer to make amends under section 13 made by one of the persons (A) in respect of the statement. 2 B's acceptance of the offer made by A does not affect any right to bring defamation proceedings that B has against another person in respect of the statement. 3 Section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (“ the 1940 Act ”) (right of one joint wrongdoer as respects another to recover contribution towards damages) applies in relation to compensation paid under an offer to make amends as it applies in relation to damages in an action to which that section applies. 4 Where a person other than A is liable in respect of the same damage (whether jointly or otherwise), A is not required to pay by virtue of any contribution under section 3(2) of the 1940 Act an amount greater than the amount of compensation payable under the offer made by A. Rejection of unqualified offer to make amends 16 1 This section— a applies where a person (B) rejects or is deemed to have rejected an offer to make amends made under section 13, but b does not apply to the rejection or deemed rejection of a qualified offer (see section 17). 2 It is a defence to defamation proceedings brought by B against the person who made the offer (A) that B rejected the offer (or is deemed to have rejected it). 3 The defence is not available if (at the time of making the statement complained of) A knew or had reason to believe that the statement— a referred to B or was likely to be understood as referring to B, and b was both false and defamatory of B, but it is to be presumed, unless the contrary is shown, that A did not know and had no reason to believe that this was the case. 4 Where A relies on the defence under this section, A may not rely on any other defence. 5 The offer may be relied on in mitigation of damages whether or not it was relied on as a defence. 6 In this section, a “qualified offer” is an offer to make amends made under section 13 that is made only in relation to a specific defamatory meaning which the person making the offer accepts that the statement conveys. Rejection of qualified offer to make amends 17 1 This section applies where a person (B) rejects or is deemed to have rejected a qualified offer. 2 In so far as relating to the specific defamatory meaning set out in the offer, it is a defence to defamation proceedings brought by B against the person who made the qualified offer (A) that B rejected the offer (or is deemed to have rejected it). 3 The defence is not available if (at the time of making the statement complained of) A knew or had reason to believe that the meaning that A accepts the statement conveys— a referred to B or was likely to be understood as referring to B, and b was both false and defamatory of B, but it is to be presumed, unless the contrary is shown, that A did not know and had no reason to believe that this was the case. 4 Where A relies on the defence under this section, A may not rely on any other defence in respect of the accepted meaning. 5 The qualified offer may be relied on in mitigation of damages whether or not it was relied on as a defence. 6 In this section, a “qualified offer” is an offer to make amends made under section 13 that is made only in relation to a specific defamatory meaning which the person making the offer accepts that the statement conveys. Offers to make amends: transitional provision 18 Nothing in sections 13 to 17 has effect in relation to defamation proceedings if the right to bring the proceedings accrued before the commencement of the section in question. Jurisdiction Actions against a person not domiciled in the UK 19 1 This section applies to defamation proceedings brought in Scotland against a person who is not domiciled in the United Kingdom. 2 A court does not have jurisdiction to hear and determine proceedings to which this section applies unless the court is satisfied that, of all the places where the statement complained of has been published, Scotland is clearly the most appropriate place to bring proceedings in respect of the statement. 3 The references in subsection (2) to the statement complained of include references to any statement which conveys the same, or substantially the same, imputation as the statement complained of. 4 Nothing in this section limits the availability of, or otherwise affects, any plea of forum non conveniens in respect of proceedings to which this section applies. 5 Sections 41 and 42 of the Civil Jurisdiction and Judgments Act 1982 apply for the purpose of determining whether an individual, corporation or association is regarded as domiciled in the United Kingdom. 6 Nothing in subsections (1) to (5) has effect in relation to defamation proceedings begun before the commencement of this section. Removal of presumption that proceedings are to be tried by jury Removal of presumption that proceedings are to be tried by jury 20 1 In section 11 of the Court of Session Act 1988 (jury actions), paragraph (b) is repealed. 2 Subsection (1) does not have effect in relation to defamation proceedings begun before the commencement of this section. PART 2 Malicious publication Actionable types of malicious publication Statements causing harm to business interests 21 1 A person (B) may bring proceedings under this section against another person (A) where— a A has— i made a false and malicious statement about B's business or business activities, and ii published the statement to a person other than B, and b the statement has caused (or is likely to cause) financial loss to B. 2 For the purposes of subsection (1) (a) (i), a statement is malicious only if B shows— a that the imputation conveyed by the statement complained of was presented as being a statement of fact (rather than a statement of opinion) and was sufficiently credible so as to mislead a reasonable person, and b both— i that A knew that the imputation was false or was recklessly indifferent as to the truth of the imputation, and ii that A's publication of the statement was motivated by a malicious intention to cause harm to B's business or business activities. Statements causing doubt as to title to property 22 1 A person (B) may bring proceedings under this section against another person (A) where— a A has— i made a false and malicious statement about B's title to land or other property, and ii published the statement to a person other than B, and b the statement has caused (or is likely to cause) financial loss to B. 2 For the purposes of subsection (1) (a) (i), a statement is malicious only if B shows— a that the imputation conveyed by the statement complained of was presented as being a statement of fact (rather than a statement of opinion) and was sufficiently credible so as to mislead a reasonable person, and b both— i that A knew that the imputation was false or was recklessly indifferent as to the truth of the imputation, and ii that A's publication of the statement was motivated by a malicious intention to delay or jeopardise a transaction involving the land or other property of B. Statements criticising assets 23 1 A person (B) may bring proceedings under this section against another person (A) where— a A has— i made a false and malicious statement criticising or denigrating the quality, condition, use or treatment of assets owned, possessed or controlled by B, and ii published the statement to a person other than B, and b the statement has caused (or is likely to cause) financial loss to B. 2 For the purposes of subsection (1) (a) (i), a statement is malicious only if B shows— a that the false imputation conveyed by the statement complained of was presented as being a statement of fact (rather than a statement of opinion) and was sufficiently credible so as to mislead a reasonable person, and b both— i that A knew that the imputation was false or was recklessly indifferent as to the truth of the imputation, and ii that A's publication of the statement was motivated by a malicious intention to cause B financial loss. General provision Limit on requirement to show financial loss 24 A pursuer in proceedings under this Part does not need to show financial loss if the statement complained of is more likely than not to cause such loss. Statements conveying two or more meanings 25 1 This section applies where proceedings are brought under this Part in respect of a statement that is capable of conveying two or more distinct meanings. 2 It is not necessary for the purposes of deciding whether harm has occurred for the court to determine— a which of the meanings is conveyed by the statement in the circumstances, or b that one meaning should be preferred to the exclusion of the other or others. 3 But nothing in this section prevents the court from excluding or disregarding possible meanings where it considers it appropriate to do so. Damages for anxiety and distress 26 1 In determining the appropriate amount of damages to award in proceedings under this Part, the court may take into account any distress and anxiety caused to the pursuer by the statement complained of. 2 This section does not limit any other basis of claim for damages or remedy that may be available to a pursuer in proceedings under this Part. Abolition of common law verbal injuries Abolition of common law verbal injuries 27 1 Any rules of law providing for a right to bring proceedings for a verbal injury cease to have effect. 2 Subsection (1) does not affect any right to bring proceedings for a verbal injury which accrued before the commencement of that subsection. PART 3 General Remedies Power of court to order a summary of its judgment to be published 28 1 A court may, in finding for the pursuer in defamation proceedings or proceedings under Part 2, order the defender to publish a summary of the judgment. 2 It is for the parties to agree— a the wording of the summary, and b the time, manner, form and place of its publication. 3 But if the parties cannot agree— a the wording of the summary, the court must determine it, b a matter in subsection (2) (b), the court may give such directions as it considers appropriate. Making a statement in open court 29 1 In defamation proceedings or proceedings under Part 2, where the parties have reached an agreement in settlement of the proceedings, the court may allow a statement to be made in open court. 2 The wording of the statement— a may be agreed between the parties, or b in the absence of agreement, may be determined by the pursuer. 3 The statement may not be made unless the court has approved its wording. Power of court to order display of notice of proceedings, removal of a statement etc. 30 1 In defamation proceedings or proceedings under Part 2, a court may order— a the operator of a website on which the statement complained of is posted— i to include on the website a prominent notice that the statement is subject to the proceedings, or ii to remove the statement, or b any person who was not the author, editor or publisher of the statement to stop distributing, selling or exhibiting material containing the statement. 2 For the purpose of subsection (1)(a), a notice is prominent if it is in a place or form that ensures that a person accessing the statement is made aware of the notice every time that the person accesses the statement. 3 This section does not limit the other powers available to the court in respect of the statement or any person who is publishing it. 4 In this section, “author”, “editor”, and “publisher” are to be construed in accordance with section 3. Remedies: transitional provision 31 Nothing in sections 28 to 30 has effect in relation to defamation proceedings begun before the commencement of the section in question. Limitation Limitation of actions 32 1 Section 18A of the Prescription and Limitation (Scotland) Act 1973 (limitation of defamation and other actions) is amended as follows. 2 In subsection (1)— a after “defamation” insert “ or under section 21, 22 or 23 of the 2021 Act (actionable types of malicious publication) ” , b for “3 years” substitute “ one year ” . 3 After subsection (1), insert— 1A Where— a a person publishes a statement to the public or to a section of the public (“the first publication”), and b the person subsequently publishes (whether or not to the public) the same statement or a statement that is substantially the same (“the subsequent publication”), any right of action against the person for defamation or under section 21, 22 or 23 of the 2021 Act in respect of the subsequent publication is to be treated as having accrued on the date of the first publication. 1B Subsection (1A) does not apply where the court determines that the manner of the subsequent publication is materially different from the manner of the first publication. 1C In determining whether the manner of the subsequent publication is materially different from the manner of the first publication, the court may have regard to— a the level of prominence that the statement is given, b the extent of the subsequent publication, and c any other matter that the court considers relevant. . 4 In subsection (2), after “defamed” insert “ or harmed by a malicious publication in a manner described in section 21, 22 or 23 of the 2021 Act ” . 5 After subsection (3) insert— 3A This section continues to have effect in relation to a statement which was published before the day on which section 32 of the 2021 Act comes into force as if it had not been amended by section 32 of the 2021 Act. 3B In determining whether subsection (1A) applies, no account is to be taken of a statement which was published before the day on which section 32 of the 2021 Act comes into force. . 6 In subsection (4)— a for paragraph (a) substitute— aa “ the 2021 Act ” means the Defamation and Malicious Publication (Scotland) Act 2021, , b in paragraph (b)— i after “construed” insert “ (subject to subsection (1A)) ” , ii for “publication or communication” substitute “ statement ” , iii after “defamation” insert “ or, as the case may be, under section 21, 22 or 23 of the 2021 Act ” , iv for “first came to the notice of the pursuer.” substitute “ was published, and ” , c after paragraph (b), insert— c “ statement ” has the meaning given in section 36 of the 2021 Act (interpretation). . Interruption of limitation period: mediation 33 After section 19CA of the Prescription and Limitation (Scotland) Act 1973 (interruption of limitation period: arbitration) insert— Interruption of section 18A(1) limitation period: mediation 19CB 1 In any computation of the period specified in section 18A(1), any period of mediation in relation to a relevant matter is to be disregarded. 2 For the purposes of this section, a period of mediation— a begins on the day on which a mediator is appointed by the parties, and b ends on such day as the parties may agree or, otherwise, on the day— i on which a party notifies another party that they are withdrawing from the mediation, ii which falls 14 days after the day on which a party makes a request for confirmation that another party is continuing with the mediation (and no response has been received), or iii which falls 14 days after the day on which the mediator resigns or dies or otherwise becomes incapable of acting (and no replacement has been appointed). 3 In this section— “ mediation ” means a structured process, whereby two or more parties to a dispute attempt, with the assistance of a mediator, to resolve or reduce disagreement between or among them with a view to resolution of the dispute without recourse to court, “ mediator ” means an independent person who is appointed by the parties to conduct a mediation, whether or not for remuneration, in an effective, impartial, and competent way, “ party ” means a party to the mediation, and “ relevant matter ” means a matter to which a limitation period applies by virtue of section 18A(1). . Interruption of limitation period: media complaints and expert determination 34 After section 19CB of the Prescription and Limitation (Scotland) Act 1973 (interruption of limitation period: mediation) insert— Interruption of section 18A(1) limitation period: media complaints and expert determination 19CC 1 In any computation of the period specified in section 18A(1), any relevant period in relation to a relevant matter is to be disregarded. 2 For the purposes of this section, a relevant period— a begins on the day on which the parties agree, in writing, to attempt to resolve the dispute by way of a complaints process or expert determination (“the process”), and b ends on such day as the parties may agree or, otherwise, on the day— i on which a party notifies another party that they are withdrawing from the process, ii which falls 14 days after the day on which a party makes a request for confirmation that another party is continuing with the process (and no response has been received), iii which falls 14 days after the day on which any person (other than a party) who was conducting or facilitating the process resigns or dies or otherwise becomes incapable of acting (and no replacement has been appointed). 3 This section does not apply where the process is one to which section 19CA or 19CB applies. 4 In this section— “ complaints process ” means a process whereby two or more parties to a dispute attempt to resolve the dispute between them by referring the relevant matter to an independent person that handles complaints relating to the publication of material in the medium in question to make a determination on the merits of the relevant matter, “ expert determination ” means a process whereby two or more parties to a dispute attempt to resolve the dispute between them by appointing a single independent and suitable individual who holds appropriate professional qualifications and is a member of a suitable professional body to act as an expert and decide the dispute, such person to be agreed by the parties or, failing which, to be determined in a manner agreed by the parties, “ party ” means a party to the complaints process or expert determination, “ relevant matter ” means a matter to which a limitation period applies by virtue of section 18A(1). 5 The Scottish Ministers may by regulations amend the definitions in subsection (4). 6 Regulations under subsection (5) are subject to the affirmative procedure. . Miscellaneous Consequential modifications 35 1 The Defamation Act 1952 is amended as follows— a sections 3, 5, 6 and paragraph (b) of section 14 are repealed, b in section 14 (application of Act to Scotland), in paragraph (d)— i after “pursuer” insert “ and ” , ii the words from “for” where it second occurs, to the end are repealed. 2 The Rehabilitation of Offenders Act 1974 is amended as follows— a in section 8(6) (defamation actions: reports of court proceedings), after “1996” insert “ , section 9 of the Defamation and Malicious Publication (Scotland) Act 2021 ” , b in section 8(8) (defamation actions)— i after paragraph (b), the word “and” is repealed, ii for paragraph (c) substitute— c for references to a defence under section 2 of the Defamation Act 2013 there is substituted a reference to a defence under section 5 of the Defamation and Malicious Publication (Scotland) Act 2021, and d for the reference to a defence under section 3 of the Defamation Act 2013 there is substituted a reference to a defence under section 7 of the Defamation and Malicious Publication (Scotland) Act 2021. . 3 The Defamation Act 1996 is amended as follows— a sections 1 to 4, 14, 15, 17(2) and schedule 1 are repealed, b in section 18(2) (provisions extending to Scotland)— i the words “section 1 (responsibility for publication),” are repealed, ii the words “sections 2 to 4 (offer to make amends), except section 3(8),” are repealed, iii the words “section 14 and 15 and Schedule 1 (statutory privilege)” are repealed. 4 The Defamation Act 2013 is amended as follows— a sections 6, 7(9), 15 and 16(5) are repealed, b in section 17 (short title, extent and commencement)— i in subsection (2), the words “Subject to subsection (3),” are repealed, ii subsections (3) and (5) are repealed, iii in subsection (4), for “subsections (5) and” substitute “ subsection ” . Interpretation 36 In this Act, unless the context otherwise requires— a “ publish ” (and cognate expressions), in relation to a statement, are to be construed in accordance with section 1, b “ statement ” means words, pictures, visual images, gestures or any other method of signifying meaning, c a reference to proceedings brought under Part 2 is a reference to proceedings brought under section 21, 22 or 23, d in relation to proceedings generally, a reference to— i a pursuer includes a petitioner, ii a defender includes a respondent, iii defences includes answers. Regulations 37 1 Any power conferred by this Act on the Scottish Ministers to make regulations includes the power to make— a such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate, b different provision for different purposes. 2 This section does not apply to regulations made under section 38 or 39. Ancillary provision 38 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under this section may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under this section which contain provision adding to, replacing or omitting any part of the text of an Act are subject to the affirmative procedure. 4 Otherwise, regulations under this section are subject to the negative procedure. Commencement 39 1 This section and sections 36 to 38 and 40 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may— a include transitional, transitory, or saving provision, b make different provision for different purposes. 4 Regulations under this section which bring section 32 into force may amend section 18A of the Prescription and Limitation (Scotland) Act 1973 so that, instead of referring to the day on which section 32 comes into force, it specifies the date on which section 32 actually comes into force. Short title 40 The short title of this Act is the Defamation and Malicious Publication (Scotland) Act 2021. SCHEDULE Statements having qualified privilege (introduced by section 11) PART 1 Statements having qualified privilege without being subject to explanation or contradiction Reports of legislative proceedings 1 A fair and accurate report of proceedings in public of a legislature anywhere in the world. Legislature and government documents 2 A fair and accurate copy of or extract from matter published by or on the authority of a legislature or government anywhere in the world. Reports of court and inquiry proceedings 3 A fair and accurate report of proceedings in public before a court anywhere in the world (see also section 9). 4 A fair and accurate report of proceedings in public of a person appointed to hold a public inquiry by a legislature or government anywhere in the world. Court notices, advertisements etc. 5 A notice or advertisement published by or on the authority of a court, or of a judge or officer of a court, anywhere in the world. Public registers and documents 6 A fair and accurate copy of or extract from any register or other document required by law to be open to public inspection. International organisations and conferences 7 A fair and accurate report of proceedings in public anywhere in the world of an international organisation or an international conference. 8 A fair and accurate copy of or extract from matter published anywhere in the world by an international organisation or an international conference. PART 2 Statements having qualified privilege subject to explanation or contradiction Notices etc. issued by legislatures, governments, certain authorities, international organisations etc. 9 1 A fair and accurate copy of, extract from or summary of a notice or other matter issued for the information of the public by or on behalf of— a a legislature or government anywhere in the world, b an authority anywhere in the world performing governmental functions, c an international organisation or international conference. 2 In this paragraph, “ governmental functions ” includes police functions. Documents released by courts, judges and court officers 10 A fair and accurate copy of, extract from or summary of a document made available by a court anywhere in the world, or by a judge or officer of such a court. Reports of proceedings of local government, committees, commissions, inquiries, tribunals etc. 11 1 A fair and accurate report of proceedings at any public meeting or sitting in the United Kingdom of— a a local authority, local authority committee or, in the case of a local authority which is operating executive arrangements, the executive of that authority or a committee of that executive, b a justice or justices of the peace acting otherwise than as a court exercising judicial authority, c a commission, tribunal, committee or person appointed for the purposes of any inquiry by any statutory provision, by Her Majesty or by a Minister of the Crown, a member of the Scottish Government, the Welsh Ministers or the Counsel General to the Welsh Government or a Northern Ireland Department, d a person appointed by a local authority to hold a local inquiry in pursuance of any statutory provision, e any other tribunal, board, committee or body constituted by or under, and exercising functions under, any statutory provision. 2 In the case of a local authority which is operating executive arrangements, a fair and accurate record of any decision made by any member of the executive where that record is required to be made and available for public inspection by virtue of section 22 of the Local Government Act 2000 (access to information etc.) or of any provision in regulations made under that section. 3 In sub-paragraphs (1) (a) and (2)— “ executive ” and “ executive arrangements ” have the same meaning as in Part 2 of the Local Government Act 2000, “ local authority ” means— in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 or an authority or body to which the Public Bodies (Admission to Meetings) Act 1960 applies, in relation to England and Wales, a principal council within the meaning of the Local Government Act 1972, any body falling within any paragraph of section 100J(1) of that Act or an authority or body to which the Public Bodies (Admission to Meetings) Act 1960 applies, in relation to Northern Ireland, any authority or body to which sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 apply, and “ local authority committee ” means any committee of a local authority or of local authorities, and includes— any committee or sub-committee in relation to which sections 50A to 50D of the Local Government (Scotland) Act 1973 apply by virtue of section 50E of that Act, and any committee or sub-committee in relation to which sections 100A to 100D of the Local Government Act 1972 apply by virtue of section 100E of that Act (whether or not also by virtue of section 100J of that Act). 4 A fair and accurate report of any corresponding proceedings in any of the Channel Islands or the Isle of Man or in a member State. Reports of press conferences on matters of public interest 12 A fair and accurate report of proceedings at a press conference held anywhere in the world for the discussion of a matter of public interest. Reports of public meetings on matters of public interest 13 1 A fair and accurate report of proceedings at any public meeting held anywhere in the world. 2 In this paragraph, a “ public meeting ” means a meeting which is held— a lawfully and in good faith, b for a lawful purpose, and c for the furtherance or discussion of a matter of public interest, whether admission to the meeting is general or restricted. Listed companies: reports of meetings and certain other documents 14 1 A fair and accurate report of proceedings at a general meeting of a listed company. 2 A fair and accurate copy of, extract from or summary of any document circulated to members of a listed company— a by or with the authority of the board of directors of the company, b by the auditors of the company, or c by any member of the company in pursuance of a right conferred by any statutory provision. 3 A fair and accurate copy of, extract from or summary of any document circulated to members of a listed company which relates to the appointment, resignation, retirement or dismissal of directors of the company or its auditors. 4 In this paragraph, “ listed company ” has the same meaning as in Part 12 of the Corporation Tax Act 2009 (see section 1005 of that Act). Findings or decisions of certain associations 15 1 A fair and accurate report of any finding or decision of any of the following descriptions of association, formed anywhere in the world, or of any committee or governing body of such an association. 2 The descriptions of association are— a an association— i formed for the purpose of promoting or encouraging the exercise of or interest in any art, science, religion or learning, and ii empowered by its constitution to exercise control over or adjudicate on matters of interest or concern to the association, or the actions or conduct of any person subject to such control or adjudication, b an association— i formed for the purpose of promoting or safeguarding the interests of any trade, business, industry or profession, or of the persons carrying on or engaged in any trade, business, industry or profession, and ii empowered by its constitution to exercise control over or to adjudicate on matters connected with that trade, business, industry or profession, or the actions or conduct of those persons, c an association— i formed for the purpose of promoting or safeguarding the interests of a game, sport or pastime to the playing or exercise of which members of the public are invited or admitted, and ii empowered by its constitution to exercise control over or adjudicate on persons connected with or taking part in the game, sport or pastime, d an association— i formed for the purpose of promoting charitable purposes or other purposes beneficial to the community, and ii empowered by its constitution to exercise control over or to adjudicate on matters of interest or concern to the association, or the actions or conduct of any person subject to such control or adjudication. Reports of scientific and academic conferences and associated documents 16 A fair and accurate— a report of proceedings of a scientific or academic conference held anywhere in the world, or b copy of, extract from or summary of matter published by such a conference. Reports and summaries etc. by Scottish Ministers' designees 17 1 A fair and accurate report or summary of, copy of or extract from, any adjudication, report, statement or notice issued by a body, officer or other person designated for the purposes of this paragraph by regulations made by the Scottish Ministers. 2 Regulations under this paragraph are subject to the negative procedure. PART 3 Supplementary provision Interpretation 18 In this schedule— “ court ” includes— any tribunal or body established under the law of any country or territory exercising the judicial power of the State, any international tribunal established by the Security Council of the United Nations or by an international agreement, any international tribunal deciding matters in dispute between States, “ international conference ” means a conference attended by representatives of two or more governments, “ international organisation ” means an organisation of which two or more governments are members, and includes any committee or other subordinate body of such an organisation, “ legislature ” includes a local legislature, and “ member State ” includes any European dependent territory of a member State. S. 1 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 2 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 (with reg. 4(1) ) S. 3 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 (with reg. 4(1) ) S. 4 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 5 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 6 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 7 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 8 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 9 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 10 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 11 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 12 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 13 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 14 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 15 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 16 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 17 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 18 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 19 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 20 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 21 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 22 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 23 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 24 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 25 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 26 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 27 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 28 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 29 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 30 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 31 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 32 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 S. 33 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 (with reg. 4(2) ) S. 34 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 (with reg. 4(2) ) S. 35 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 1 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 2 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 3 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 4 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 5 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 6 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 7 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 8 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 9 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 10 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 11 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 12 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 13 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 14 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 15 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 16 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 17 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2 Sch. para. 18 in force at 8.8.2022 by S.S.I. 2022/154 , regs. 1(2) , 2
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[uk-legislation-asp][asp] 2024-05-04 Heat Networks (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/9/2023-11-24
http://www.legislation.gov.uk/asp/2021/9/2023-11-24 Heat Networks (Scotland) Act 2021 An Act of the Scottish Parliament to make provision for regulating the supply of thermal energy by a heat network, and for regulating the construction and operation of a heat network; to make provision about the powers of persons holding a heat networks licence; to make provision about conferring rights in heat network assets where a person ceases operating a heat network; to set targets relating to the supply of thermal energy by heat networks; to make provision about plans relating to increased use of heat networks; and for connected purposes. text text/xml en Statute Law Database 2024-01-19 Expert Participation 2023-11-24 Heat Networks (Scotland) Act 2021 s. 12A and cross-heading The Heat Networks (Market Framework) (Great Britain) Regulations 2025 reg. 68(2) reg. 1(4) Heat Networks (Scotland) Act 2021 s. 16A - 16C The Heat Networks (Market Framework) (Great Britain) Regulations 2025 reg. 68(3) reg. 1(4) Heat Networks (Scotland) Act 2021 2021 asp 9 An Act of the Scottish Parliament to make provision for regulating the supply of thermal energy by a heat network, and for regulating the construction and operation of a heat network; to make provision about the powers of persons holding a heat networks licence; to make provision about conferring rights in heat network assets where a person ceases operating a heat network; to set targets relating to the supply of thermal energy by heat networks; to make provision about plans relating to increased use of heat networks; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 23rd February 2021 and received Royal Assent on 30th March 2021 PART 1 Heat networks licences Introductory Meaning of “heat network” 1 1 In this Act, a “ heat network ” means— a a district heat network, or b a communal heating system. 2 A district heat network is a network by which thermal energy is distributed from one or more sources of production to more than one building. 3 A communal heating system is a system by which thermal energy is distributed from one or more sources of production to one building comprising more than one building unit. 4 For the purposes of subsection (2) or (3), where the main purpose of a source of production is to provide thermal energy to a district heat network or (as the case may be) a communal heating system, the source of production forms part of the district heat network or (as the case may be) the communal heating system. 5 In this Act, “ thermal energy ” means heating, cooling or hot water. 6 In subsection (3), “ building unit ” means part of a building that is designed or altered to be used separately. 7 The Scottish Ministers may by regulations— a modify the meaning in this section of “heat network”, “district heat network”, “communal heating system” or “thermal energy”, b further define the meaning of any of those terms. Requirement for heat networks licence 2 1 A person must not supply thermal energy by means of a heat network unless the person holds a heat networks licence. 2 A person who contravenes subsection (1) commits an offence. 3 It is a defence for a person charged with an offence under subsection (2) to show that the person had a reasonable excuse for contravening subsection (1). 4 A person who commits an offence under subsection (2) is liable— a on summary conviction, to a fine not exceeding the statutory maximum, b on conviction on indictment, to a fine. 5 In this Act, “ heat networks licence ” means a heat networks licence issued under section 5(5). Exemptions from requirement for heat networks licence 3 1 The Scottish Ministers may by regulations provide that the requirement imposed by section 2(1) does not apply— a in circumstances specified in the regulations, b in relation to heat networks of a description specified in the regulations. 2 The Scottish Ministers may direct that the requirement imposed by section 2(1) does not apply— a to— i a person specified by name in the direction, ii persons of a description specified in the direction, b in relation to heat networks of a description specified in the direction. 3 Where the Scottish Ministers issue a direction under subsection (2), they must— a do so in writing, and b publish the direction in such manner as they consider appropriate. 4 The Scottish Ministers may grant an exemption by regulations under subsection (1) or by a direction under subsection (2)— a either— i indefinitely, or ii for a period specified in the regulations or the direction, b either— i unconditionally, or ii subject to conditions specified in the regulations or the direction. 5 The Scottish Ministers may revise or revoke a direction under subsection (2). 6 Subsection (3) applies to the revision or revocation of a direction under subsection (2) as it applies to such a direction. 7 Regulations under subsection (1), or a direction under subsection (2), may make different provision for different areas. Meaning of “licensing authority” 4 1 In this Act, the “ licensing authority ” means— a the Scottish Ministers, or b such other person as the Scottish Ministers by regulations designate as the licensing authority for the purposes of this Act. 2 Subsection (1) is subject to subsection (3). 3 If the Secretary of State designates the Gas and Electricity Markets Authority as the licensing authority for the purposes of this Act by regulations under section 223(1) of the Energy Act 2023, references in this Act to the licensing authority are references to the Gas and Electricity Markets Authority. Heat networks licence applications Heat networks licence applications 5 1 A person may apply to the licensing authority for a heat networks licence. 2 An application under subsection (1) is referred to in this Part as a “ heat networks licence application ”. 3 The licensing authority may grant a heat networks licence application only if it is satisfied that the applicant has the ability to perform the activities that would be authorised by the licence. 4 In assessing an applicant's ability to perform those activities, the licensing authority must have regard to the following matters (in so far as relevant to the performance of those activities)— a the applicant's knowledge, expertise and experience, b the applicant's ability to operate a heat network in a manner that— i minimises greenhouse gas emissions (within the meaning of the Climate Change (Scotland) Act 2009) from the heat network, ii takes account of the just transition principles (within the meaning of section 35C of that Act), and iii contributes to meeting the fuel poverty targets, and c such other matter as the Scottish Ministers may by regulations specify. 5 As soon as practicable after granting a heat networks licence application, the licensing authority must issue the licence to the applicant. 6 Where the licensing authority proposes to refuse a heat networks licence application, it must give the applicant notice— a stating that it proposes to refuse the application, b stating the reasons why it proposes to refuse the application, and c specifying the period (which is to be not less than 28 days from the date on which the notice is given) within which the applicant may make representations about the proposed refusal to the licensing authority. 7 As soon as practicable after refusing a heat networks licence application, the licensing authority must notify the applicant of the refusal. Conditions of heat networks licence Heat networks licence standard conditions 6 1 The licensing authority must determine conditions relating to the obligations of persons holding heat networks licences. 2 In this Part, the conditions determined under subsection (1) are referred to as the “ standard conditions ”; and references to the standard conditions include those conditions as they may be modified from time to time under section 7(2)(b)(i). 3 The standard conditions may in particular— a include standard conditions that are to apply to— i all heat networks licences, ii heat networks licences of a particular description, b make provision for— i the standard conditions (or any of them) not to apply to a particular heat networks licence or heat networks licences of a particular description in such circumstances as may be specified in the standard conditions, ii the coming into effect and suspension of the standard conditions (or any of them) in such manner and in such circumstances as may be specified in the standard conditions, c include conditions relating to the standards of service to be provided by the person holding a heat networks licence. 4 Subject to subsection (5), each heat networks licence has incorporated in it by reference such of the standard conditions as are applicable to it. 5 The licensing authority may, in granting a particular heat networks licence application, exclude or modify any of the standard conditions to such extent as it considers appropriate in the circumstances of the case. 6 Before making any modification under subsection (5), the licensing authority must give notice of the proposed modification to the applicant of the particular heat networks licence application. 7 The notice must— a state the reasons why the modification is proposed, and b specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the applicant may make representations about the proposed modification to the licensing authority. 8 In determining the standard conditions under subsection (1), the licensing authority must have regard in particular to— a the interests of users of thermal energy supplied by means of a heat network, b the desirability of furthering or promoting the reduction of greenhouse gas emissions (within the meaning of the Climate Change (Scotland) Act 2009) from the operation of heat networks, c the desirability of furthering or promoting the use by heat networks of— i thermal energy generated from renewable sources, ii waste heat or cold. 9 In subsection (8)(c)(ii), “ waste heat or cold ” means heat or cold generated as a result of a use of (or process affecting) land, which would disperse unused if released into air or water. Heat networks licence standard conditions: supplementary 7 1 The licensing authority must publish the standard conditions. 2 The licensing authority— a must from time to time review the standard conditions, and b may— i modify the standard conditions, and ii make any modification of the conditions of any heat networks licence it considers appropriate as a consequence of any modification of the standard conditions. 3 Before making any modification under subsection (2)(b), the licensing authority must— a give notice of the proposed modification to every person who holds a heat networks licence whose licence would be affected by the modification, and b publish the notice. 4 The notice must— a state the reasons why the modification is proposed, and b specify the period (which is to be not less than 28 days from the date of publication of the notice) within which representations about the proposed modification may be made to the licensing authority. 5 Where the licensing authority modifies the standard conditions, it must publish the standard conditions as modified. Heat networks licence special conditions 8 1 In addition to the standard conditions, the licensing authority may include in a heat networks licence any special conditions (whether or not relating to the activities to be authorised by the licence) it considers appropriate. 2 The licensing authority may provide in a heat networks licence that a special condition of the licence— a has effect or ceases to have effect, or b may be modified, at such time, in such manner and in such circumstances as the licensing authority considers appropriate. Duration of heat networks licence Period of effect of heat networks licence 9 A heat networks licence— a has effect on the date specified in the licence, and b continues to have effect unless the licence is— i revoked by the licensing authority in accordance with section 11, or ii surrendered by the person holding the licence in accordance with the conditions of the licence. Modification of heat networks licence Modification of heat networks licence 10 1 The licensing authority may make any modification of a heat networks licence it considers appropriate. 2 The licensing authority may modify a heat networks licence under subsection (1)— a following an application by the person holding the licence, or b on the licensing authority's own initiative. 3 An application mentioned in subsection (2)(a) is referred to in this Part as a “ heat networks licence modification application ”. 4 Before modifying a heat networks licence under subsection (1), the licensing authority must give notice of the proposed modification to the person holding the licence. 5 The notice must— a state the reasons why the modification is proposed, and b specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the person holding the licence may make representations about the proposed modification to the licensing authority. 6 Where the licensing authority modifies a heat networks licence under subsection (1), it must give a copy of the licence as modified to the person holding the licence. 7 This section does not apply in relation to the modification of the conditions of a heat networks licence by the licensing authority in consequence of any modification of the standard conditions (see section 7(2)(b)(ii)). Revocation of heat networks licence Revocation of heat networks licence 11 1 The licensing authority may revoke a heat networks licence if it considers that the person holding the licence— a no longer has the ability to perform the activities authorised by the licence, or b has failed to comply with a condition of the licence. 2 For the purposes of subsection (1)(a)— a in deciding whether the person holding a heat networks licence no longer has the ability to perform the activities authorised by the licence, the licensing authority is to have regard to the matters mentioned in section 5(4), and b it does not matter whether or not the person holding the heat networks licence has failed to comply with a term of the licence. 3 The licensing authority may not revoke a heat networks licence under subsection (1) unless it is satisfied that revocation is reasonable having regard to— a the terms of the licence, b the responsibilities of the person holding the licence to the person's customers, and c any other matters the licensing authority considers to be relevant. 4 Before revoking a heat networks licence under subsection (1), the licensing authority must give notice of the proposed revocation to the person holding the licence. 5 The notice must— a state the reasons why the revocation is proposed, and b specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the person holding the licence may make representations about the proposed revocation to the licensing authority. 6 The licensing authority may revoke a heat networks licence under subsection (1) by giving notice of revocation to the person holding the licence. 7 A notice of revocation must specify— a the reasons for the revocation, and b the date from which the revocation is to have effect. 8 The Scottish Ministers may by regulations make further provision about the procedure to be followed in connection with the revocation of a heat networks licence under subsection (1). Appeals against revocation of heat networks licence 12 1 The Scottish Ministers may by regulations make provision for or about appeals against revocation of heat networks licences. 2 Regulations under subsection (1) may in particular make provision about— a who may appeal, b grounds of appeal, c the way in which appeals are to be made, d the information to be provided when making appeals, e the procedure for determining appeals, f who may determine appeals, g the manner in which appeals are to be conducted, h decisions that may be taken on appeal, i how the determination of appeals is to be notified. 3 Regulations under subsection (1) may modify any enactment (including this Act). Miscellaneous Form and manner etc. of applications under Part 1 13 1 The Scottish Ministers may determine— a the form and manner in which— i a heat networks licence application is to be made, ii a heat networks licence modification application is to be made, b the information (including the information in the form of a document) that must be included in— i a heat networks licence application, ii a heat networks licence modification application. 2 The Scottish Ministers must arrange for any determination under subsection (1) to be published in such manner as they consider appropriate. 3 The licensing authority need not consider— a a heat networks licence application, or b a heat networks licence modification application, that does not comply with a requirement determined under subsection (1). Regulations about determining applications under Part 1 14 The Scottish Ministers may by regulations make provision about— a the procedure to be followed by the licensing authority in determining— i a heat networks licence application, ii a heat networks licence modification application, b the notification and publication of— i such an application, ii determinations made in relation to it. Guidance for licensing authority 15 1 The Scottish Ministers may issue guidance to the licensing authority about the exercise of its functions under this Part. 2 Guidance under subsection (1) may in particular include guidance relating to— a the matters mentioned in section 5(4) (either generally or in a particular case or category of case), b the exercise of the licensing authority's functions under this Part as they apply in relation to the supply of thermal energy by means of an existing heat network, c decision-making protocols, d methods of communication with persons applying for, and persons holding, a heat networks licence. 3 The licensing authority must have regard to any guidance issued under subsection (1). 4 The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate. Register of heat networks licences 16 1 The licensing authority must prepare and maintain a register of heat networks licences. 2 The register must contain the following information about each heat networks licence— a the name and address of the person to whom the licence was issued, b the terms of the licence, c the date on which the licence took effect, d if the licence is not continuing in effect, the date on which the licence ceased to have effect. 3 The register must also contain such other information as the Scottish Ministers may by regulations specify. 4 The licensing authority must make arrangements to enable members of the public to inspect the register free of charge. Interpretation of Part 1 17 1 In this Part— “ heat networks licence application ” has the meaning given in section 5(2), “ heat networks licence modification application ” has the meaning given in section 10(3), “ standard conditions ” has the meaning given in section 6(2). 2 In this Part, references to the activities authorised (or to be, or would be, authorised) by a heat networks licence means the supply of thermal energy by means of a heat network by the person holding the licence. PART 2 Heat network consent Introductory Requirement for heat network consent 18 1 A heat network must not be constructed or operated except in accordance with a heat network consent relating to— a the construction of the heat network, or (as the case may be) b the operation of the heat network. 2 References in this Act to the construction of a heat network include references to the construction of an extension to an existing heat network. 3 In this Act, a “ heat network consent ” means— a a consent granted— i under section 23(1)(a), or ii pursuant to an appeal under section 31(2), or b such a consent that is transferred under section 25(1). Exemptions from requirement for heat network consent 19 1 The Scottish Ministers may by regulations provide that the requirement imposed by section 18(1) does not apply— a in circumstances specified in the regulations, b in relation to heat networks of a description specified in the regulations. 2 Regulations under subsection (1) may grant an exemption— a either— i indefinitely, or ii for a period specified in the regulations, b either— i unconditionally, or ii subject to conditions specified in the regulations. 3 Regulations under subsection (1) may make different provision for different areas. Designation of local authority as consent authority for the area of the local authority 20 1 The Scottish Ministers may by regulations designate a local authority as the consent authority for the area of the local authority for the purposes of this Part. 2 Where a local authority makes a written request to the Scottish Ministers that it be designated under subsection (1) as the consent authority for its area, the Scottish Ministers must make regulations under subsection (1) so designating the local authority before the expiry of the period of 6 months beginning with the day on which the request was made unless the local authority has withdrawn the request in writing. 3 Regulations under subsection (1) may make provision modifying this Part and Part 7 in consequence of the designation made by the regulations. 4 Before making regulations under subsection (1), the Scottish Ministers must consult— a the local authority whom the regulations would (if made) designate as the consent authority for its area, and b such other persons as the Scottish Ministers consider appropriate. 5 Where regulations under subsection (1) are subject to the affirmative procedure, the references in subsections (2) and (4) to making regulations under subsection (1) are to be read as references to laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament. Meaning of “appropriate consent authority” 21 In this Part, the “ appropriate consent authority ”, in relation to an application made or a consent granted under this Part in relation to a heat network, means— a where the heat network is (or is to be) situated in the area of a local authority that has been designated as the consent authority for the area under section 20(1), that local authority, b otherwise, the Scottish Ministers. Heat network consent applications Heat network consent applications 22 1 A person may apply to the appropriate consent authority for a heat network consent. 2 An application under subsection (1) is referred to in this Act as a “heat network consent application”. 3 A person may make a heat network consent application in relation to— a the construction of a heat network, b the operation of a heat network, or c both. Determining heat network consent applications 23 1 The appropriate consent authority may— a agree to a heat network consent application and grant a heat network consent, or b refuse the application. 2 Subsection (3) applies to a heat network consent application relating to— a the construction and operation of a heat network, or b the operation of a heat network. 3 Before agreeing to the application and granting a heat network consent for a heat network, the appropriate consent authority must be satisfied that each person to whom the consent is to be granted has (or will have) a right to use each listed asset of the heat network for the purpose of operating the heat network. 4 Where the appropriate consent authority proposes to refuse a heat network consent application, it must give the applicant notice— a stating that it proposes to refuse the application, b stating the reasons why it proposes to refuse the application, and c specifying the date by which the applicant may make representations about the proposed refusal to the appropriate consent authority. 5 In subsection (3), “ listed asset ”, in relation to a heat network, has the meaning given in section 91. Heat network consent conditions or limitations Heat network consent conditions or limitations 24 The appropriate consent authority may grant a heat network consent subject to any conditions or limitations it considers appropriate. Transfer, modification and revocation of heat network consent Transfer of heat network consent 25 1 The person holding a heat network consent may transfer the consent to another person with the agreement of the appropriate consent authority. 2 The appropriate consent authority may agree to a transfer of a heat network consent under subsection (1) subject to any— a modification of any condition or limitation of the consent, or b additional condition or limitation of the consent, as it considers appropriate. Modification of heat network consent 26 1 The appropriate consent authority may make any modification of a heat network consent it considers appropriate. 2 The appropriate consent authority may modify a heat network consent under subsection (1)— a following an application by the person holding the heat network consent, or b on the appropriate consent authority's own initiative. 3 An application mentioned in subsection (2)(a) is referred to in this Act as a “heat network consent modification application”. 4 Where the appropriate consent authority modifies a heat network consent under subsection (1), it must give a copy of the consent as modified to the person holding the consent. Revocation of heat network consent 27 1 The appropriate consent authority may revoke a heat network consent in such circumstances as may be specified by the Scottish Ministers by regulations. 2 Before revoking a heat network consent under subsection (1), the appropriate consent authority must give notice of the proposed revocation to the person holding the consent. 3 The notice must— a state the reasons why the revocation is proposed, and b specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the person holding the consent may make representations about the proposed revocation to the appropriate consent authority. 4 The appropriate consent authority may revoke a heat network consent under subsection (1) by giving notice of revocation to the person holding the consent. 5 A notice of revocation must specify— a the reasons for the revocation, and b the date from which the revocation is to have effect (subject to section 28(2)). 6 The date referred to in subsection (5)(b) must be specified in accordance with any minimum period of notice to be given by a notice of revocation as may be specified in regulations under subsection (7). 7 The Scottish Ministers may by regulations make further provision about the procedure to be followed in connection with the revocation of a heat network consent under subsection (1). Appeals against notice of revocation given by local authority 28 1 Where a local authority gives a notice of revocation to a person under section 27(4), the person may appeal to the Scottish Ministers against the notice. 2 Where an appeal is made under subsection (1) against a revocation notice, the notice has no effect pending the final determination or withdrawal of the appeal. 3 The Scottish Ministers may by regulations make further provision about appeals under subsection (1). 4 Regulations under subsection (3) may in particular include provision about— a the way in which appeals are to be made, including time limits for making appeals, b matters that may be raised in appeals, c the information to be provided when making appeals, d the procedure in connection with determining appeals, e the manner in which appeals are to be conducted, f decisions that may be taken on appeal, g how the determination of appeals is to be notified. 5 The provision that may be made by virtue of subsection (4)(e) includes provision about the holding of an inquiry or hearing for the purpose of determining an appeal, including— a the hearing of evidence at an inquiry or hearing in public or otherwise including any procedure to apply where evidence is not to be heard in public or documentary evidence is not be open to public inspection, b the appointment of persons to hold an inquiry or hearing, c the role of such persons, d the timing of an inquiry or hearing, e notification of an inquiry or hearing, f attendance of required persons at an inquiry or hearing, g giving of evidence of persons required to attend an inquiry or hearing, h consequences of persons failing to attend an inquiry or hearing or to provide information required by an inquiry or hearing, including the creation of offences, i the payment of expenses by parties to the inquiry or hearing. 6 The maximum penalty that may be provided for in regulations under subsection (3) creating an offence is, on summary conviction, a fine not exceeding level 1 on the standard scale or imprisonment for a period not exceeding 3 months. 7 Regulations under subsection (3) may modify any enactment (including this Act). Applications to local authorities: Ministerial powers of call-in, direction and appeal Call-in of heat network consent applications etc. by the Scottish Ministers 29 1 The Scottish Ministers may give directions requiring an application of a type mentioned in subsection (2) to be referred to them instead of being dealt with by a local authority as the appropriate consent authority. 2 The types of applications are— a a heat network consent application, b a heat network consent modification application, c an application for a consent, agreement or approval required by a condition to which a heat network consent is subject. 3 A direction under subsection (1)— a must be set out in writing, b may be withdrawn or modified by a subsequent direction, c may be given to a particular local authority acting as the appropriate consent authority or to local authorities acting in that capacity generally, d may relate either to a particular application or to applications of such description as may be specified in the direction. 4 Any application in respect of which a direction has effect under subsection (1) must be referred to the Scottish Ministers. 5 Where an application is referred to the Scottish Ministers under this section (a “called-in application”), sections 23, 24, 26 and 33(5) apply to the called-in application as they apply to an application that is to be determined by a local authority as the appropriate consent authority except that the references in those sections to “the appropriate consent authority” are to be read as references to “the Scottish Ministers”. 6 The Scottish Ministers may by regulations make further provision about directions under subsection (1) and the determination of called-in applications pursuant to such a direction. 7 Regulations under subsection (6) may in particular include provision about— a the notification and publication of directions— i given under subsection (1), or ii withdrawn or modified under subsection (3)(b), b the procedure for determining called-in applications. 8 Regulations under subsection (6) may modify any enactment (including this Act). Directions as to method of dealing with heat network consent applications etc. by local authorities 30 1 The Scottish Ministers may by regulations make provision for or about regulating the manner in which applications mentioned in subsection (2) are to be dealt with by local authorities as appropriate consent authorities. 2 The applications are— a a heat network consent application, b a heat network consent modification application, c an application for a consent, agreement or approval required by a condition to which a heat network consent is subject. 3 Regulations under subsection (1) may in particular make provision— a for enabling the Scottish Ministers to give directions restricting the grant of an application mentioned in subsection (2), either indefinitely or during such period as may be specified in the directions, in respect of any such heat network, or in respect of a heat network of any such description, as may be so specified, b for enabling the Scottish Ministers to give directions to a local authority as the appropriate consent authority requiring it, in respect of any such heat network, or in respect of a heat network of any such description, as may be specified in the directions— i to consider, where the local authority is minded to grant a heat network consent, imposing a condition specified in, or of a nature indicated in, the directions, and ii (unless the directions are withdrawn) not to grant the heat network consent without first satisfying the Scottish Ministers that such consideration has been given and that such a condition either will be imposed or need not be imposed, c for requiring, or enabling directions to be made requiring, a local authority as the appropriate consent authority to give to the Scottish Ministers and to such other persons as may be specified in the regulations (or in directions given by the Scottish Ministers under the regulations) such information as may be so specified with respect to applications for heat network consent made to the local authority, including information as to the manner in which any such application has been dealt with. Appeals regarding applications for heat network consent etc. to local authorities 31 1 Subsection (2) applies where a local authority as the appropriate consent authority— a refuses a heat network consent application, b grants a heat network consent, but subject to a condition or limitation, c refuses an application for a consent, agreement or approval required by a condition to which a heat network consent is subject, d grants an application for a consent, agreement or approval required by a condition to which a heat network consent is subject, but subject to a condition, e modifies a heat network consent under section 26(1) (whether following a heat network consent modification application or on its own initiative), f refuses a heat network consent modification application, g fails to give notice, within the relevant period, of its decision to the applicant in relation to— i a heat network consent application, ii a heat network consent modification application, iii an application for a consent, agreement or approval to which a heat network consent application is subject. 2 The applicant may appeal to the Scottish Ministers against the decision or failure (as the case may be) of the local authority. 3 In subsection (1)(g), “ relevant period ” means— a such period as may be specified in regulations under section 35(1), or b such other period as may be agreed in writing between the applicant and the local authority in relation to the application (before or after it is made). 4 The Scottish Ministers may by regulations make further provision about appeals under subsection (2). 5 Regulations under subsection (4) may in particular include provision about— a the way in which appeals are to be made, including time limits for making appeals, b matters that may be raised in appeals, c the information to be provided when making appeals, d the procedure in connection with determining appeals, e the manner in which appeals are to be conducted, f decisions that may be taken on appeal, g how the determination of appeals is to be notified. 6 The provision that may be made by virtue of subsection (5)(e) includes provision about the holding of an inquiry or hearing for the purpose of determining an appeal, including— a the hearing of evidence at an inquiry or hearing in public or otherwise including any procedure to apply where evidence is not to be heard in public or documentary evidence is not be open to public inspection, b the appointment of persons to hold an inquiry or hearing, c the role of such persons, d the timing of an inquiry or hearing, e notification of an inquiry or hearing, f attendance of required persons at an inquiry or hearing, g giving of evidence of persons required to attend an inquiry or hearing, h consequences of persons failing to attend an inquiry or hearing or to provide information required by an inquiry or hearing, including the creation of offences, i the payment of expenses by parties to the inquiry or hearing. 7 The maximum penalty that may be provided for in regulations under subsection (4) creating an offence is, on summary conviction, a fine not exceeding level 1 on the standard scale or imprisonment for a period not exceeding 3 months. 8 Regulations under subsection (4) may modify any enactment (including this Act). Compensation Compensation on modification or revocation of heat network consent 32 1 The Scottish Ministers may by regulations make provision for or about the payment of compensation to the person holding a heat network consent in consequence of— a the modification of a heat network consent as mentioned in section 26(2)(b), b the revocation of a heat network consent in accordance with regulations under section 27. 2 Regulations under subsection (1) may in particular make provision about— a the circumstances in which compensation is payable, b the calculation of compensation, c the procedure to be followed in connection with claiming compensation, d the review of decisions made under the regulations, e appeals against decisions made under the regulations. 3 Before making regulations under subsection (1), the Scottish Ministers must consult local authorities and such other persons as they consider appropriate. Miscellaneous Form and manner etc. of applications under Part 2 33 1 The Scottish Ministers may determine— a the form and manner in which a relevant application is to be made, b the information (including the information in the form of a document) that is to be included in a relevant application. 2 In determining under subsection (1)(b) the information that is to be included in a relevant application, the Scottish Ministers may determine that a relevant application of such description as may be specified in the determination must include a community engagement report. 3 A “ community engagement report ”, in relation to a relevant application, is a report describing— a the community engagement undertaken by the applicant in relation to the proposed application before making the application in accordance with any guidance issued under section 34(1), and b how the applicant has taken account of any representations received by virtue of the community engagement before making the application. 4 The Scottish Ministers must arrange for any determination under subsection (1) to be published in such manner as they consider appropriate. 5 The appropriate consent authority need not consider a relevant application that does not comply with a requirement determined under subsection (1). 6 Before making a determination under subsection (1), the Scottish Ministers must consult local authorities and such other persons as they consider appropriate. 7 In this section and sections 34 and 35, a “ relevant application ” means— a a heat network consent application, b a heat network consent modification application, c an application for a consent, agreement or approval required by a condition to which a heat network consent is subject. Effective community engagement: guidance 34 1 The Scottish Ministers may issue guidance about undertaking effective community engagement in relation to a relevant application for the purpose of preparing a community engagement report. 2 Guidance under subsection (1) may in particular include guidance on— a persons, or persons of a particular description, to be considered as forming part of a community for the purpose of undertaking effective community engagement in relation to a relevant application, b how applicants are to undertake effective community engagement before making a relevant application including ways in which applicants should— i consult communities, and ii encourage participation by communities in the consultation. 3 Before issuing guidance under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate. 4 The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate. 5 A person whose relevant application must include a community engagement report in accordance with a determination under section 33(1)(b) must have regard to any guidance issued under subsection (1) in connection with the application. 6 In this section, “ community engagement report ” has the meaning given in section 33(3). Regulations about decisions under Part 2 35 1 The Scottish Ministers may by regulations make provision about— a the procedure to be followed in— i determining a relevant application, or ii deciding whether to modify a heat network consent as mentioned in section 26(2)(b), b publication and notification of— i a relevant application, ii determinations made in relation to it, c publication and notification of a decision to modify a heat network consent as mentioned in section 26(2)(b). 2 Regulations under subsection (1) may in particular make provision in connection with the consideration to be given, before determining a relevant application or deciding whether to modify a heat network consent as mentioned in section 26(2)(b), to the likely effect of the construction or operation (as the case may be) of the heat network concerned— a on the environment generally and, in particular, in contributing to the reduction of greenhouse gas emissions (within the meaning of the Climate Change (Scotland) Act 2009), and b in contributing to meeting the fuel poverty targets. 3 Before making regulations under subsection (1), the Scottish Ministers must consult— a local authorities, b the Scottish Fuel Poverty Advisory Panel, and c such other persons as they consider appropriate. Applications and decisions under Part 2 where there is more than one appropriate consent authority 36 1 The Scottish Ministers may by regulations make provision about the making of any application or decision under this Part in circumstances where there is more than one appropriate consent authority in relation to an application or decision. 2 Regulations under subsection (1) may modify this Act and any regulations made under it. Enforcement of requirement for heat network consent Meaning of “enforcement authority” 37 In this Part, the “ enforcement authority ” means— a the Scottish Ministers, or b such other person as the Scottish Ministers by regulations designate as the enforcement authority for the purposes of this Part. Power to require information about activities on land 38 1 This section applies where— a section 18(1) applies in relation to a heat network and it appears to the enforcement authority that the heat network— i is being constructed (or has been constructed) on land without a heat network consent in relation to the heat network, ii is being operated (or has been operated) on land without a heat network consent in relation to the heat network, or b it appears to the enforcement authority that there has been a failure to comply with a condition or limitation to which a heat network consent in relation to a heat network situated on land is subject. 2 The enforcement authority may give notice outlining its concerns (a “contravention notice”) to any person who— a is the owner or occupier of the land or has any other interest in it, or b is carrying out operations on the land or is using it for any purpose. 3 A contravention notice may require the person to whom it is given to give such information as may be specified in the notice in relation to— a any operations being carried out on the land, any use of the land and any other activities being carried out on the land, b any matter relating to conditions or limitations to which a heat network consent in relation to a heat network situated on the land is subject. 4 In this section, references to— a the construction or operation of a heat network on land include references to the construction or operation of a heat network under or over the land, b a heat network situated on land include references to a heat network situated under or over the land, c operations or activities on land include references to operations or activities under or over the land. Enforcement notice 39 1 Where section 18(1) applies in relation to a heat network and it appears to the enforcement authority that the heat network is being (or has been) constructed or operated— a by a person on their own behalf without the person holding a heat network consent in relation to the construction or (as the case may be) operation of the heat network, the enforcement authority may give a written notice to the person, b by a person on behalf of another person without the other person holding a heat network consent in relation to the construction or (as the case may be) operation of the heat network, the enforcement authority may give a written notice to the person or to the other person. 2 Where it appears to the enforcement authority that there has been a failure by the person holding a heat network consent to comply (or to secure compliance) with a condition or limitation to which the consent is subject, the enforcement authority may give a written notice to the person. 3 An enforcement notice must specify the date on which it is to take effect which must be no less than 28 days after the date on which the notice is given. 4 An enforcement notice must— a specify the reasons why the notice has been given, and b specify (either or both)— i the steps that the enforcement authority requires the person to whom the notice is given (or another person acting on behalf of that person) to take, ii the activities that the enforcement authority requires to cease, in order to achieve (wholly or partly) either of the purposes mentioned in subsection (5). 5 The purposes are— a the person's compliance with section 18(1), or b where the person's failure to comply with section 18(1) has affected the condition of any land, restoring the land to its condition before the failure. 6 An enforcement notice may require in particular— a the alteration or removal of any buildings or works, b the carrying out of any building or other operations, c any activity on the land concerned not to be carried out except to the extent specified in the notice. 7 An enforcement notice must specify the period for compliance with the notice, and may specify different periods within which different steps are required to be taken or (as the case may be) different activities are required to cease. 8 In this Part, an “ enforcement notice ” means a written notice given by the enforcement authority under subsection (1) or (2). Withdrawal or variation of enforcement notice 40 1 The enforcement authority may— a withdraw an enforcement notice given by it, or b waive or relax any requirement of such a notice. 2 The enforcement authority may exercise the power under subsection (1) in relation to an enforcement notice regardless of whether the notice has taken effect. 3 Immediately after exercising a power under subsection (1) in relation to an enforcement notice, the enforcement authority must give notice of— a the withdrawal of the notice, or (as the case may be) b the waiver or relaxation of any requirement of the notice, to each person to whom the notice was given. 4 The withdrawal of an enforcement notice by the enforcement authority under subsection (1) does not affect the power of the enforcement authority to issue a further enforcement notice. Appeals against enforcement notice 41 1 The Scottish Ministers may by regulations make provision for or about appeals against enforcement notices. 2 Regulations under subsection (1) may in particular include provision about— a who may appeal, b grounds of appeal, c the way in which appeals are to be made, d the information to be provided when making appeals, e the procedure for determining appeals, f who may determine appeals, g the manner in which appeals are to be conducted, h decisions that may be taken on appeal, i how the determination of appeals is to be notified. 3 Regulations under subsection (1) may modify any enactment (including this Act). Offence of failing to comply with enforcement notice 42 1 If at any time after the end of the period for compliance with an enforcement notice— a any step required by the notice has not been taken, or b any activity required by the notice to cease is being carried on, the person to whom the notice was given commits an offence. 2 A person who commits an offence under subsection (1) is liable— a on summary conviction, to a fine not exceeding the statutory maximum, b on conviction on indictment, to a fine. 3 It is a defence for a person charged with an offence under subsection (1) to show that— a the person did everything that the person could reasonably be expected to do to secure compliance with the enforcement notice, b the person had a reasonable excuse for failing to ensure that the step concerned was taken or (as the case may be) for failing to ensure the cessation of the carrying on of the activity concerned. 4 In this Part, references to the period for compliance with an enforcement notice are references to— a the period specified in the notice for compliance with it in accordance with section 39(7), or b such extended period as the enforcement authority may allow for compliance with the notice. 5 For the purposes of subsection (4)(a), where an enforcement notice specifies that different periods apply to different steps or activities, references to the period for compliance with an enforcement notice, in relation to any step or activity, are references to the period at the end of which the step is required to have been taken or the activity is required to have ceased. Execution and cost of works required by enforcement notice 43 1 This section applies if at any time after the end of the period for compliance with an enforcement notice any step required by the notice has not been taken. 2 The enforcement authority may— a enter the land in relation to which the steps were required to be taken and take those steps, and b recover from the person to whom the enforcement notice was given any expenses reasonably incurred by the enforcement authority in doing so. 3 In determining the amount of expenses that may be recovered by it under subsection (2), the enforcement authority may include in that amount such proportion of its administrative expenses as it considers appropriate. 4 When taking steps under subsection (2), the enforcement authority may sell any materials removed by it from the land unless those materials are claimed by the owner of the materials within 3 days of their removal. 5 After any such sale the enforcement authority must pay the proceeds to the owner of the materials less the expenses recoverable by it from the owner of the materials. 6 A person commits an offence if the person, without reasonable excuse, intentionally obstructs the enforcement authority in exercising its powers under subsection (2). 7 A person who commits an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Heat network consent and planning permission Deemed planning permission on Scottish Ministers granting or modifying heat network consent 44 1 Section 57 of the Town and Country Planning (Scotland) Act 1997 (development with government authorisation) is amended as follows. 2 After subsection (2B) insert— 2C On granting or modifying a heat network consent under section 23(1)(a) or 26(1), or pursuant to an appeal under section 31(2), of the Heat Networks (Scotland) Act 2021, the Scottish Ministers may give a direction for planning permission to be deemed to be granted, subject to such conditions (if any) as may be specified in the direction, for— a so much of the operation or change of use to which the consent relates as constitutes development, b any development ancillary to the operation or change of use to which the consent relates. 2D On modifying a heat network consent under section 26(1), or pursuant to an appeal under section 31(2), of the Heat Networks (Scotland) Act 2021, the Scottish Ministers may give one or more of the following directions (instead of, or as well as, a direction under subsection (2C))— a a direction for an existing planning permission deemed to be granted by virtue of a direction under subsection (2C) (whenever made) to be varied as specified in the direction, b a direction for any conditions subject to which any such existing planning permission was deemed to be granted to be varied as specified in the direction, c a direction for any consent, agreement or approval given in respect of a condition subject to which any such existing planning permission was deemed to be granted to be treated as given in respect of a condition subject to which a new or varied planning permission is deemed to be granted. . Combining applications to local authorities for heat network consent and planning permission 45 1 This section applies where— a a person who proposes to construct a heat network must first make both— i a heat network consent application in relation the construction of the heat network, and ii an application for planning permission in respect of the construction of the heat network, and b both applications must be made to a local authority as the appropriate consent authority (in relation to heat network consent application) and the planning authority (in relation to the application for planning permission). 2 Both of the applications are to be considered by the local authority together but this is subject to any provision made in any regulations under subsection (3). 3 The Scottish Ministers may by regulations— a provide that such procedural provisions of this Act as are specified in the regulations are not to apply to the person's heat network consent application, b provide that such procedural provisions of, or made under, the Town and Country Planning (Scotland) Act 1997 as are specified in the regulations are to apply to the heat network consent application instead, c modify provisions of, or made under, the Town and Country Planning (Scotland) Act 1997 as they apply to the heat network consent application by virtue of paragraph (b). 4 In this section— “ planning authority ” has the meaning given in section 1 of the Town and Country Planning (Scotland) Act 1997, “ planning permission ” means planning permission under Part 3 of that Act, “ procedural provisions ” means any provisions for or in connection with the procedure for determining an application. PART 3 Heat network zones Designation of heat network zone Power to designate heat network zone 46 1 A local authority may at any time designate an area in its area that is particularly suitable for the construction and operation of a heat network in accordance with section 48. 2 The Scottish Ministers may designate an area in the area of a local authority that is particularly suitable for the construction and operation of a heat network in accordance with section 49. 3 In this Part, “ heat network zone ” means an area designated by— a a local authority— i under subsection (1), or ii pursuant to a direction under section 53(1)(a) or (2), or b the Scottish Ministers under subsection (2). Duty on local authority to review heat network zoning in area 47 1 Each local authority must carry out a review to consider whether one or more areas in its area is likely to be particularly suitable for the construction and operation of a heat network. 2 A local authority must carry out— a its first review under subsection (1) as soon as practicable after the day on which this section comes into force, b each subsequent review under that subsection by no later than 5 years after the day on which the local authority last published a statement under subsection (6). 3 In carrying out a review under subsection (1), a local authority must have regard to the matters mentioned in section 48(1). 4 If, following a review under subsection (1), the local authority considers that one or more areas considered as part of the review is likely to be particularly suitable for the construction and operation of a heat network, the local authority must, in relation to each area— a proceed to consider whether to designate the area as a heat network zone in accordance with section 48, or b request that the Scottish Ministers consider whether to designate the area as a heat network zone in accordance with section 49. 5 But a local authority may not make a request under subsection (4)(b) if the area is the subject of a direction under section 53. 6 After each review, the local authority must publish a statement in relation to each area considered as part of the review— a explaining whether the local authority considers that the area is likely to be particularly suitable for the construction and operation of a heat network, b explaining the reasons for that view, and c if the local authority considers that the area is likely to be particularly suitable for the construction and operation of a heat network— i identifying the area by reference to a map, and ii giving reasons for its decision under subsection (4)(a) or (b). 7 The Scottish Ministers may specify by regulations, in relation to a statement published under subsection (6)— a any further information that must be included in a statement, b how it is to be published, c the persons to whom copies of it are to be sent, and d such other requirements relating to the statement as they consider appropriate. Designation of heat network zone by local authority 48 1 A local authority must, in considering whether to designate an area in its area as a heat network zone, have regard to the following matters— a the potential for use by a heat network of— i thermal energy generated from renewable sources, ii waste heat or cold, b buildings in the area that require considerable and consistent use of thermal energy, c the nature and extent of existing infrastructure in the area that could assist in the development of a heat network in the area, d the potential for a heat network in the area to contribute to meeting the fuel poverty targets, e the potential for a heat network in the area to contribute to meeting the targets specified in section 92(1), f any building assessment report received under section 65, and g such other matter as the Scottish Ministers may specify by regulations. 2 Before deciding whether to designate an area as a heat network zone, a local authority must consult such persons, and in such manner, as the Scottish Ministers may specify by regulations. 3 Having had regard to the matters mentioned in subsection (1) and complied with the requirements under subsection (2), the local authority may— a designate the area as a heat network zone, or b decide not to designate the area as a heat network zone. 4 If a local authority designates an area as a heat network zone it must— a identify the area in a document by reference to a map, b specify in the document the day on which the designation takes effect, and c publish the document in such manner as the Scottish Ministers may specify by regulations. 5 In subsection (1)(a)(ii), “ waste heat or cold ” means heat or cold generated as a result of a use of (or process affecting) land, which would disperse unused if released into air or water. Designation of heat network zone by Scottish Ministers 49 1 This section applies where the Scottish Ministers are considering whether to designate an area in the area of a local authority as a heat network zone— a pursuant to a request by the local authority under section 47(4)(b), or b on the Scottish Ministers' own initiative. 2 The Scottish Ministers must, in considering whether to designate the area as a heat network zone, have regard to the matters mentioned in section 48(1). 3 Before deciding whether to designate the area as a heat network zone, the Scottish Ministers must consult— a each local authority in whose area the proposed heat network zone would be situated, b such other persons as they consider appropriate. 4 Having had regard to the matters mentioned in section 48(1) and complied with the requirements under subsection (3), the Scottish Ministers may— a designate the area as a heat network zone, or b decide not to designate the area as a heat network zone. 5 If the Scottish Ministers designate an area as a heat network zone, they must— a identify the area in a document by reference to a map, b specify in the document the day on which the designation takes effect, and c publish the document in such manner as they consider appropriate. Variation of heat network zone Variation of heat network zone by local authority 50 1 A local authority may vary a heat network zone situated in its area if the heat network zone was designated by the local authority under section 46(1). 2 In considering whether to vary a heat network zone under subsection (1), a local authority must have regard to the matters mentioned in section 48(1). 3 Before deciding whether to vary a heat network zone under subsection (1), a local authority must consult such persons, and in such manner, as the Scottish Ministers may specify by regulations. 4 Having had regard to the matters mentioned in section 48(1) and complied with the requirements under subsection (3), the local authority may— a vary the heat network zone, or b decide not to vary the heat network zone. 5 If the local authority varies the heat network zone, it must— a identify the area of the heat network zone as varied in a document by reference to a map, b specify in the document the day on which the variation takes effect, and c publish the document in such manner as the Scottish Ministers may specify by regulations. Variation of heat network zone by Scottish Ministers 51 1 The Scottish Ministers may vary a heat network zone— a following a request by the local authority in whose area the heat network zone is situated, or b on the Scottish Ministers' own initiative. 2 It does not matter for the purposes of subsection (1) whether the heat network zone was designated by— a a local authority, or b the Scottish Ministers. 3 In deciding whether to vary a heat network zone under subsection (1), the Scottish Ministers must have regard to the matters mentioned in section 48(1). 4 Before deciding whether to vary a heat network zone, the Scottish Ministers must consult— a each local authority in whose area the heat network zone is situated, b such other persons as they consider appropriate. 5 Having had regard to the matters mentioned in section 48(1) and complied with the requirements under subsection (4), the Scottish Ministers may— a vary the heat network zone, or b decide not to vary the heat network zone. 6 If the Scottish Ministers vary the heat network zone under subsection (5)(a), they must— a identify the area of the heat network zone as varied in a document by reference to a map, b specify in the document the day on which the variation takes effect, and c publish the document in such manner as they consider appropriate. Local authorities acting jointly Two or more local authorities acting jointly in relation to heat network zone 52 1 Where an area proposed for designation as a heat network zone falls within the area of more than one local authority, each of the local authorities in whose area the proposed heat network zone would be situated may act jointly to— a designate the area as a heat network zone under section 46(1), b request under section 47(4)(b) that the Scottish Ministers consider whether to designate the area as a heat network zone. 2 Where two or more local authorities have acted jointly by virtue of subsection (1)(a) to designate as a heat network zone an area falling within the area of each of the local authorities, the local authorities may act jointly to vary the heat network zone under section 50(1). 3 Where two or more local authorities act jointly under subsection (1) or (2), references in sections 46, 48, 49, 50 and 51 to— a a local authority are references to the local authorities acting jointly, and b a local authority's area are references to the combined area of the local authorities. Ministerial direction and guidance Ministerial power of direction to designate or vary heat network zone 53 1 The Scottish Ministers may direct a local authority to— a designate such area in the area of the local authority as the Scottish Ministers consider appropriate as a heat network zone, b vary a heat network zone situated in the area of the local authority in such manner as the Scottish Ministers consider appropriate. 2 The Scottish Ministers may direct two or more local authorities to jointly designate such area falling within the areas of the local authorities as a heat network zone as the Scottish Ministers consider appropriate. 3 Subsection (4) applies where— a two or more local authorities have jointly designated an area as a heat network zone— i under section 46(1), or ii pursuant to a direction under subsection (2), or b the Scottish Ministers have designated as a heat network zone under section 46(2) an area falling within the areas of two or more local authorities. 4 The Scottish Ministers may direct the local authorities to jointly vary the heat network zone in such manner as the Scottish Ministers consider appropriate. 5 Before issuing a direction under subsection (1), (2) or (4), the Scottish Ministers must— a have regard to the matters mentioned in section 48(1), and b consult— i each local authority in whose area the heat network zone is, or would be, situated, and ii such other persons as they consider appropriate. 6 Section 48(4) applies to the designation of an area as a heat network zone pursuant to a direction under subsection (1) or (2) as it applies to the designation of a heat network zone under section 46(1). 7 Section 50(5) applies to the variation of a heat network zone pursuant to a direction under subsection (1) as it applies to the variation of a heat network zone under subsection (1) of that section. 8 Where two or more local authorities are acting jointly by virtue of subsection (2) or (4), section 48(4) or (as the case may be) section 50(5) applies jointly to the local authorities (but subject to the modification mentioned in subsection (9)). 9 The modification is that references in those sections to a local authority are to be read as if they were references to the local authorities acting jointly. 10 The Scottish Ministers may revise or revoke a direction under this section. Guidance 54 1 The Scottish Ministers may issue guidance about— a reviews under section 47(1), b the designation by local authorities of heat network zones, c the variation by local authorities of heat network zones. 2 Guidance under subsection (1) may be addressed to— a a local authority, or more than one local authority, identified in the guidance, or b all local authorities. 3 Before issuing guidance under subsection (1), the Scottish Ministers must consult— a the local authorities to whom the guidance is to be addressed, b the Scottish Fuel Poverty Advisory Panel, and c such other persons as they consider appropriate. 4 Local authorities to whom guidance under subsection (1) is addressed must have regard to the guidance in exercising their functions under this Part. 5 The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate. PART 4 Heat network zone permits Meaning of “permit authority” 55 In this Part, the “ permit authority ” means— a the Scottish Ministers, or b such other person as the Scottish Ministers may by regulations designate as the permit authority for the purposes of this Part. Requirement for heat network zone permit 56 1 The permit authority may by notice prohibit the operation of a heat network in such heat network zone as may be designated in the notice unless a heat network zone permit for the heat network zone is held by— a the person operating the heat network, or b the person on whose behalf the heat network is operated. 2 But a notice under subsection (1) designating a heat network zone may not require a person who is entitled to operate a heat network in the heat network zone immediately before the day on which the notice takes effect to hold a heat network zone permit for the heat network zone in order to— a operate the heat network, or b permit another person to operate the heat network on their behalf. 3 For the purposes of subsection (2), a person is entitled to operate a heat network if at that time the person— a holds a heat network consent in relation to the operation of the heat network, or b is exempt from the requirement to hold a heat network consent in relation to the operation of the heat network by virtue of regulations under section 19(1). 4 But the permit authority may not issue a notice under subsection (1)— a in such circumstances as may be specified, b if any specified procedure has not been complied with. 5 The permit authority may revoke a notice issued under subsection (1). 6 But the permit authority may not revoke a notice issued under subsection (1)— a in such circumstances as may be specified, b if any specified procedure has not been complied with. 7 The permit authority must— a publish a notice issued under subsection (1), and b give notice of the revocation of a notice issued under subsection (1), in such form and manner as may be specified. 8 In this section, “ specified ” means specified in regulations made by the Scottish Ministers. 9 In this Part, a “heat network zone permit” is a permit issued by the permit authority. Applications for heat network zone permit 57 1 The Scottish Ministers may by regulations make provision for or about the process for inviting, making and determining applications for a heat network zone permit. 2 Regulations under subsection (1) may in particular make provision about— a how the permit authority is to invite applications for a heat network zone permit, b persons who may apply for a heat network zone permit, c the form and manner of making an application for a heat network zone permit, d the information (including the information in the form of a document) that must be included in an application for a heat network zone permit, e publication or notification of applications for a heat network zone permit, f publication or notification of the permit authority's decision whether or not to grant an application for a heat network zone permit, g publication or notification of a heat network zone permit. 3 Regulations under subsection (1) may make different provision for different heat network zones. Heat network zone permit: duration 58 A heat network zone permit continues to have effect for the period specified in it unless it is revoked in accordance with section 59. Heat network zone permit: revocation 59 1 The permit authority may revoke a heat network zone permit held by a person— a if the heat networks licence held by the person is revoked under section 11(1), b if a heat network consent held by the person in relation to the operation of a heat network situated in the heat network zone to which the permit relates is revoked under section 27, or c in such other circumstances as may be specified by the Scottish Ministers by regulations. 2 Before revoking a heat network zone permit under subsection (1), the permit authority must give notice of the proposed revocation to the person holding the permit. 3 The notice must— a state the reasons why the revocation is proposed, and b specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the person holding the permit may make representations about the proposed revocation to the permit authority. 4 The Scottish Ministers may by regulations make further provision about the procedure to be followed in connection with the revocation of a heat network zone permit under subsection (1). Appeals against revocation of heat network zone permit 60 1 The Scottish Ministers may by regulations make provision for or about appeals against revocation of heat network zone permits. 2 Regulations under subsection (1) may in particular make provision about— a who may appeal, b grounds of appeal, c the way in which appeals are to be made, d the information to be provided when making appeals, e the procedure for determining appeals, f who may determine appeals, g how the determination of appeals is to be notified. 3 Regulations under subsection (1) may modify any enactment (including this Act). Compensation on revocation of heat network zone permit 61 1 The Scottish Ministers may by regulations make provision for or about the payment of compensation to the person holding a heat network zone permit in consequence of the revocation of a heat network zone permit as mentioned in section 59(1)(c). 2 Regulations under subsection (1) may in particular make provision about— a the circumstances in which compensation is payable, b the calculation of compensation, c the procedure to be followed in connection with claiming compensation, d the review of decisions made under the regulations, e appeals against decisions made under the regulations. Enforcement of requirement for heat network zone permit 62 1 Where a person operates a heat network in a heat network zone on their own behalf without holding a heat network zone permit for the heat network zone in contravention of a notice issued under section 56(1), the person commits an offence. 2 Where a person operates a heat network in a heat network zone on behalf of another person and the other person does not hold a heat network zone permit for the heat network zone in contravention of a notice issued under section 56(1), the other person commits an offence. 3 It is a defence for a person charged with an offence under subsection (1) or (2) to show that the person had a reasonable excuse for contravening the notice issued under section 56(1). 4 A person who commits an offence under subsection (1) or (2) is liable— a on summary conviction, to a fine not exceeding the statutory maximum, b on conviction on indictment, to a fine. PART 5 Building assessment reports Building assessment reports 63 1 A relevant person must prepare reports in relation to each non-domestic building in which the person has an interest. 2 A report prepared under subsection (1) (a “building assessment report”) must set out, in relation to each non-domestic building covered by the report, an assessment of— a the potential for the non-domestic building to be supplied with thermal energy by means of a heat network, b the period for which any system providing thermal energy to the non-domestic building is expected to continue to operate effectively and efficiently. 3 A building assessment report must— a be prepared in the manner as may be specified, and b at such intervals as may be specified. 4 For the purposes of this section— a a relevant person has an interest in a non-domestic building if— i the relevant person has a right of ownership in the non-domestic building, ii the relevant person has such other interest in the non-domestic building as may be specified, b where more than one relevant person has a right of ownership, or other interest as may be specified by regulations under paragraph (a)(ii), in a non-domestic building, a building assessment report must be prepared by one of those persons. 5 In this section, “ specified ” means specified in regulations made by the Scottish Ministers. Exemptions from duty to prepare building assessment reports 64 1 The Scottish Ministers may by regulations provide that the requirement imposed by section 63(1) does not apply to— a specified relevant persons, b relevant persons of a specified description. 2 The Scottish Ministers may by regulations provide that the requirement under section 63(1) does not apply in relation to— a specified non-domestic buildings, b non-domestic buildings of a specified description. 3 In this section, “ specified ” means specified in the regulations. Notification of building assessment reports 65 As soon as reasonably practicable after preparing a building assessment report, a relevant person must— a send the report to each local authority in whose area a non-domestic building to which the report relates is situated, and b send a copy of the report to the Scottish Ministers. Guidance about building assessment reports 66 1 The Scottish Ministers may issue guidance about the preparation of building assessment reports. 2 In preparing a building assessment report, a relevant person must have regard to any guidance issued under subsection (1). 3 The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate. Interpretation of Part 5 67 In this Part— “ building assessment report ” has the meaning given in section 63(2), “ non-domestic building ” means a building other than a dwelling, “ relevant person ” means— a Scottish public authority within the meaning of section 3(1)(a) of the Freedom of Information (Scotland) Act 2002, such other person, or person of such description, as the Scottish Ministers may specify by regulations. PART 6 Powers of licence holders Compulsory acquisition of land Compulsory acquisition of land by licence holder 68 1 A licence holder may, with the authorisation of the Scottish Ministers, compulsorily acquire land that is required for the construction or operation of a heat network. 2 Subsection (1) includes in particular the power to acquire— a any right or interest in or over land, b a servitude or other right in or over land by the creation of a new right. 3 The Scottish Ministers must not authorise under subsection (1) any acquisition in relation to land which belongs to Her Majesty in right of Her private estates unless the appropriate authority consents to the acquisition. 4 The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 applies in relation to an acquisition under subsection (1) as if— a this section were contained in an Act in force immediately before the commencement of that Act, and b the licence holder were a local authority. 5 Subsection (1) does not apply in relation to land held or used by or on behalf of a Minister of the Crown or a department of the Government of the United Kingdom. 6 In subsection (3)— a the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862, b the “ appropriate authority ” means the person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers. 7 In this Part, a “ licence holder ” means a person holding a heat networks licence. Wayleave rights Network wayleave right 69 1 In this Part, a “network wayleave right” is a right for a licence holder to convey steam or liquids in land for a purpose connected with the supply of thermal energy by means of a heat network by the licence holder. 2 A network wayleave right in respect of land includes a power— a to install and keep installed heat network apparatus in the land, b to enter upon the land to install, inspect, maintain, adjust, alter, repair, replace, upgrade, operate or remove the heat network apparatus, and c to carry out any works in respect of the land that are reasonably necessary or incidental to the exercise of the network wayleave right. 3 A network wayleave right in respect of land may be conferred on a licence holder— a by the owner of the land, either— i by agreement with the licence holder, or ii unilaterally, b by a necessary wayleave, or c by positive prescription (see subsection (8)). 4 A wayleave document may include a development condition. 5 A “development condition” is a condition in a wayleave document restricting or regulating the development or use of the land to which the wayleave document relates by a relevant person as may be required to prevent interference with the exercise of the network wayleave right conferred by the wayleave document. 6 A development condition may in particular include a condition— a requiring such operations or activities as may be specified in the wayleave document to be carried out on, under or over the land, b requiring the land to be used in such way as may be so specified. 7 In subsection (5), a “ relevant person ” means— a the owner or tenant of the land, b any other person (other than the licence holder) who has a right to use the land. 8 Subsection (2) of section 3 of the Prescription and Limitation (Scotland) Act 1973 (positive servitudes and public rights of way) applies to a network wayleave right in respect of land as it applies to a positive servitude over land but as if— a in that subsection— i a reference to a positive servitude were a reference to a network wayleave right, and ii a reference to possession of a servitude were a reference to possession by a licence holder of a network wayleave right, and b subsection (4) of that section does not apply to the application of subsection (2) of that section by this subsection. 9 A network wayleave right constitutes a real right. 10 The installation of heat network apparatus in land by a licence holder in the exercise of a network wayleave right does not confer ownership of the heat network apparatus on the owner of the land. 11 In this Part— “ heat network apparatus ” means apparatus designed or adapted for use in connection with a heat network and includes any structure for housing, or for providing access to, such apparatus, “ land ” does not include a road within the meaning of section 107 of the New Roads and Street Works Act 1991, “ necessary wayleave ” means a necessary wayleave granted by the Scottish Ministers under section 70(1), “ owner ”, in relation to land, means a person who has a right to the land whether or not that person has completed title; but if, in relation to the land (or, if the land is held pro indiviso, in relation to any pro indiviso share in it) more than one person falls within that description of owner, then “ owner ” means such person who has most recently acquired such right, “ wayleave document ” means a written document conferring a network wayleave right on a licence holder under subsection (3)(a). 12 In this Part, a reference to heat network apparatus in land includes a reference to heat network apparatus under, over, across, along or on the land. Acquisition of necessary wayleave 70 1 The Scottish Ministers may, on an application by a licence holder, grant a necessary wayleave to a licence holder conferring a network wayleave right on the licence holder in respect of land if they consider that it is necessary or expedient for the licence holder to exercise the right for a purpose connected with the supply of thermal energy by means of a heat network by the licence holder. 2 A necessary wayleave— a has effect for the period specified in the necessary wayleave, b is subject to such terms and conditions as the Scottish Ministers consider appropriate. 3 A necessary wayleave may in particular include a development condition. 4 “ Development condition ” is to be construed in accordance with section 69(5) to (7) except that the references in subsections (5) and (6) of that section to a wayleave document are to be read as if they were references to a necessary wayleave. 5 A licence holder may apply to the Scottish Ministers for a necessary wayleave in respect of land under this section only if— a either— i the licence holder has given notice to the owner of the land setting out the licence holder's request to acquire a network wayleave right under section 69(3)(a), or ii where the licence holder cannot ascertain the name or address of the owner of the land after reasonable enquiry, the licence holder has given notice in such form and manner as may be specified by the Scottish Ministers by regulations, and b one of the conditions mentioned in subsection (6) applies. 6 The conditions are that the owner of the land— a has given the licence holder notice in writing that the owner will not enter into or grant a wayleave document, b has agreed to enter into or grant a wayleave document but (either or both)— i subject to terms and conditions to which the licence holder objects, ii a person with an interest in the land (other than the owner) will not enter into, or consent to, the wayleave document, or c has not agreed to enter into or grant a wayleave document before the end of the period specified by the licence holder in the notice given under subsection (5)(a)(i) or (ii). 7 A notice under subsection (5)(a)(i) must— a state the reasons why the conferral of a network wayleave right is sought, and b specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the owner of the land must agree to enter into or grant a wayleave document. 8 Before granting a necessary wayleave in respect of land, the Scottish Ministers must give the following persons the opportunity to make representations— a the owner of the land, and b where sub-paragraph (ii) of subsection (6)(b) applies, the person referred to in that sub-paragraph. 9 Subsection (1) does not apply in relation to land held or used by or on behalf of a Minister of the Crown or a department of the Government of the United Kingdom. Assignation of network wayleave rights 71 1 A network wayleave right may be assigned by a licence holder to another licence holder. 2 But a network wayleave right in respect of land that is conferred by a necessary wayleave may be assigned to another licence holder only with the consent of the Scottish Ministers. 3 A wayleave document is void to the extent that— a it prevents or limits the assignation of the network wayleave right to another licence holder, b it makes the assignation of the network wayleave right to another licence holder subject to a condition (including a condition requiring the payment of money). Variation of network wayleave right 72 1 A network wayleave right in respect of land (however conferred) may only be varied— a by agreement between the owner of the land and the licence holder entitled to the benefit of the network wayleave right (a “variation agreement”), or b in accordance with this section. 2 A licence holder may apply to the Scottish Ministers to vary a network wayleave right in respect of land under this section only if— a either— i the licence holder has given notice to the owner of the land setting out the licence holder's request to vary the network wayleave right, or ii where the licence holder cannot ascertain the name or address of the owner of the land after reasonable enquiry, the licence holder has given notice in such form and manner as may be specified by the Scottish Ministers by regulations, and b one of the conditions mentioned in subsection (3) applies. 3 The conditions are that the owner of the land— a has given the licence holder notice in writing that the owner will not enter into a variation agreement, b has agreed to enter into a variation agreement but (either or both)— i subject to terms and conditions to which the licence holder objects, ii a person with an interest in the land (other than the owner) will not enter into, or consent to, the variation agreement, c has not agreed to enter into a variation agreement before the end of the period specified by the licence holder in the notice given under subsection (2)(a)(i) or (ii). 4 An owner of land may apply to the Scottish Ministers to vary a network wayleave right in respect of land under this section only if— a the owner has given notice to the licence holder setting out the owner's request to vary the network wayleave right, and b one of the conditions mentioned in subsection (5) applies. 5 The conditions are that the licence holder— a has given the owner of the land notice in writing that the licence holder will not enter into a variation agreement, b has agreed to enter into a variation agreement but subject to terms and conditions to which the owner of the land objects, c has not agreed to enter into a variation agreement before the end of the period specified by the owner of the land in the notice given under subsection (4)(a). 6 A notice under subsection (2)(a)(i) or (4)(a) must— a state the reasons why the variation agreement is proposed, and b specify the period (which is to be not less than 28 days from the date on which the notice is given) after which, if agreement is not reached, the person giving the notice may apply to the Scottish Ministers for the grant of a variation. 7 The Scottish Ministers may— a following an application by a licence holder entitled to the benefit of a network wayleave right, grant a variation of the network wayleave right if they consider that it is necessary or expedient for the licence holder to exercise the right as varied for a purpose connected with the supply of thermal energy by means of a heat network by the licence holder, b following an application by the owner of land in respect of which a network wayleave right is exercisable, grant a variation of the network wayleave right if they consider it is appropriate to do so. 8 In considering for the purposes of subsection (7)(b) whether it is appropriate to grant a variation of a network wayleave right, the Scottish Ministers may in particular consider whether— a the exercise of the network wayleave right appears to them to materially prejudice the owner's enjoyment or use of the land, b any variation would not substantially increase the cost or diminish the quality of the supply provided by the licence holder's heat network to persons who rely (or may in the future rely) on the supply of thermal energy by means of the heat network concerned, and c any variation would not result in the licence holder incurring substantial additional expenditure. 9 Before granting a variation of a network wayleave right, the Scottish Ministers must— a where an application is made by the licence holder, give the following persons the opportunity to make representations— i the owner of the land, ii where sub-paragraph (ii) of subsection (3)(b) applies, the person referred to in that sub-paragraph, b where an application is made by the owner of the land, give the licence holder the opportunity to make representations. Compensation on variation of a network wayleave right 73 1 Where a network wayleave right is varied under section 72(7)(a) so as to place or increase a burden on— a an occupier of the land, or b where the occupier is not also the owner of the land, the owner, either or both of those persons may recover from the licence holder compensation in respect of the variation of the network wayleave right. 2 Any dispute about compensation under this section is to be referred to and determined by the Lands Tribunal for Scotland. 3 Sections 9 and 11 of the Land Compensation (Scotland) Act 1963 apply in relation to any determination under subsection (1) as if— a this section were referred to in section 9(1) of that Act, and b references in section 11 of that Act to the acquiring authority were references to the licence holder concerned. 4 The Scottish Ministers may by regulations make further provision about compensation payable under this section. Discharge of network wayleave right 74 1 A network wayleave right in respect of land (however conferred) may only be discharged by the licence holder entitled to the benefit of the network wayleave right, either— a by agreement with the owner of the land, or b unilaterally. 2 A licence holder must discharge a network wayleave right under subsection (1)(a) if (and to the extent that) the right relates to heat network apparatus that has ceased to be used for the purposes of a heat network. Registration of network wayleave rights 75 1 The Scottish Ministers may by regulations make provision for or about the registration of network wayleave rights. 2 Regulations under subsection (1) may in particular include provision about— a how a network wayleave right is to be registered, b the information (including information in the form of a document) that must be included as part of any entry in the register, c who is required to establish and maintain a register of network wayleave rights, d fees payable in connection with the registration of a network wayleave right, e the form and manner of any register of network wayleave rights, f how the register is to be made available for inspection by members of the public, g what payment (if any) the licence holder is entitled to charge for supplying documents relating to network wayleave rights to members of the public, h the consequences of failure to comply with the requirements of the registration. 3 Regulations under subsection (1) may modify any enactment (including this Act). Requirement to remove apparatus when notified 76 1 This section applies where— a a person (the “right holder”) has a right to remove (or require the removal of) any heat network apparatus installed in the land by a licence holder, and b the right holder seeks the removal of all or part of the heat network apparatus. 2 The right holder must give written notice to the licence holder who is operating (or who has most recently operated) the heat network of which the heat network apparatus forms part requiring the licence holder to remove such part of the heat network apparatus as may be specified in the notice. 3 The licence holder must comply with the notice given under subsection (2) by no later than the end of the period of 3 months beginning with the day on which the notice is given unless subsection (4) applies. 4 This subsection applies if, before the end of the period of 3 months mentioned in subsection (3), the licence holder— a applies to the Scottish Ministers for the grant of a necessary wayleave, or b by virtue of section 68(1), submits a compulsory purchase order in respect of the land to the Scottish Ministers for confirmation by them. 5 If subsection (4) applies and the Scottish Ministers— a refuse the application for the grant of a necessary wayleave, or (as the case may be) b decide not to confirm the compulsory purchase order, the licence holder must comply with the notice given under subsection (2) by no later than the end of the period of 3 months beginning with the day on which the licence holder receives notice of the Scottish Ministers' decision. Compensation in connection with network wayleave rights 77 1 Where a necessary wayleave is granted to a licence holder under section 70(1)— a the occupier of the land, and b where the occupier is not also the owner of the land, the owner, may recover from the licence holder compensation in respect of the grant. 2 Where the exercise of a network wayleave right by or on behalf of a licence holder in relation to land— a causes damage to the land or a thing situated on the land, the licence holder is liable to pay compensation to a person with an interest in the land or thing, b disturbs a person's enjoyment of the land or a thing situated on the land, the licence holder is liable to pay compensation to the person in respect of the disturbance. 3 Any dispute about compensation under this section is to be referred to and determined by the Lands Tribunal for Scotland. 4 Sections 9 and 11 of the Land Compensation (Scotland) Act 1963 apply in relation to any determination under subsection (3) as if— a this section were referred to in section 9(1) of that Act, and b references in section 11 of that Act to the acquiring authority were references to the licence holder concerned. 5 The Scottish Ministers may by regulations make further provision about compensation payable under this section. Other powers over land Power to carry out survey 78 1 A licence holder may carry out a survey of land for the purpose of determining whether the land is suitable for a purpose connected with the construction or operation of a heat network. 2 Before carrying out a survey of land under subsection (1), the licence holder must give the occupier of the land at least 14 days' notice of the intention to carry out the survey. 3 If subsection (4) applies, a right to carry out a survey of any land under subsection (1) includes the right to search and bore the land for the purposes of ascertaining— a the nature of the subsoil of the land, b the presence of minerals or other matter in the land. 4 This subsection applies if notice given under subsection (2) includes notice of the intention to carry out the work mentioned in subsection (3). 5 A person carrying out a survey of land under subsection (1) has a right of entry to the land at all reasonable times to carry out the survey but must— a when seeking to enter the land in order to carry out the survey, provide evidence of the person's authority to so act on request by an occupier or the owner of the land, b carry out the survey in a manner that ensures as little disruption as possible is caused to any occupier or owner of the land, c endeavour— i to ensure that as little damage as possible is caused by the exercise of the person's powers under this section, and ii if any damage is caused, take reasonable steps to remedy the damage. 6 A person commits an offence if the person, without reasonable excuse, intentionally obstructs another person (a “relevant person”) in the exercise of the relevant person's power to enter upon and survey the land under this section. 7 A person who commits an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Power to enter land to replace or repair apparatus 79 1 A licence holder may exercise a network land right for a purpose connected with the supply of thermal energy by means of a heat network by the licence holder. 2 In this Part, a “network land right” is a power— a to install heat network apparatus in replacement for, or in addition to, existing heat network apparatus that is lawfully situated in land, b to inspect, maintain, adjust, alter, repair, replace, upgrade, operate, remove or add to any existing heat network apparatus that is situated in land, c to carry out any works to the land that are necessary for or incidental to the powers mentioned in paragraph (a) or (b). 3 The works mentioned in subsection (2)(c) include felling, lopping or cutting back the roots of any tree or shrub on, under or over the land that is in close proximity to heat network apparatus that is, is being or is to be installed by or on behalf of the licence holder, in order to prevent the tree or shrub— a from obstructing or interfering with the installation, maintenance or operation of the heat network apparatus, or b from constituting a danger to persons. 4 The licence holder must give the owner and any occupier of the land concerned at least 7 days' notice of the intention by or on behalf of the licence holder to enter onto the land for the purpose of exercising the network land rights specified in the notice. 5 Subsection (4) does not apply if the network land rights that the licence holder proposes to exercise are to be exercised in order to carry out emergency works. 6 Where the licence holder exercises a network land right to carry out emergency works, the licence holder must notify the owner and any occupier of the land of the works carried out as soon as possible after the carrying out of those works. 7 A person exercising a network land right in relation to any land has a right of entry to the land at all reasonable times to exercise the network land right but must— a when seeking to enter the land in order to exercise a network land right, provide evidence of the person's authority to so act on request by an owner or (as the case may be) an occupier of the land, b exercise the network land right in a manner that ensures as little disruption as possible is caused to the owner and any occupier of the land, c endeavour— i to ensure that as little damage as possible is caused by the exercise of the person's powers under this section, and ii if any damage is caused, take reasonable steps to remedy the damage. 8 A person commits an offence if that person, without reasonable excuse, intentionally obstructs another person (a “relevant person”) in the exercise of the relevant person's power to enter upon the land and exercise a network land right under this section. 9 A person who commits an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 10 In this section, “ emergency works ” means works carried out by virtue of a network land right for the purpose of— a stopping anything already occurring, or b preventing anything imminent from occurring that is likely to cause— i danger to persons or property, ii the interruption of any supply provided by the licence holder, and any other works that are reasonable (in all circumstances) to carry out with those works. Restrictions on powers of licence holders 80 1 This section applies where— a land is occupied by a statutory undertaker and the carrying out of a survey of the land under section 78(1) is likely to obstruct or interfere with the statutory undertaker's undertaking, or b land is occupied by a statutory undertaker and the exercise of a network land right in relation to the land under section 79(1) is likely to obstruct or interfere with the statutory undertaker's undertaking. 2 Where this section applies, a licence holder may exercise the power mentioned in section 78(1) or 79(1) only with the consent of the statutory undertaker concerned. 3 But consent is not required under subsection (2) if it is withheld unreasonably by the statutory undertaker. 4 It is for the Scottish Ministers to determine any question which arises as to whether consent has been withheld unreasonably for the purposes of subsection (3), and their decision is final. 5 In this section— “ statutory undertaker ” means— the holder of a licence under section 6(1) of the Electricity Act 1989, a gas transporter within the meaning of Part 1 of the Gas Act 1986, the Civil Aviation Authority, a holder of a licence under Chapter 1 of the Transport Act 2000, the operator of an electronic communications code network within the meaning of paragraph 1(1) of schedule 17 of the Communications Act 2003, any other person who is a statutory undertaker within the meaning of section 214(1) of the Town and Country Planning (Scotland) Act 1997, “undertaking”— means, in relation to a person mentioned in paragraphs (a) to (e) in the definition of “statutory undertaker”, the person's undertaking, means, in relation to Scottish Water, its core functions within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002, otherwise has the meaning given in the Town and Country Planning (Scotland) Act 1997. Compensation for damage or disturbance 81 1 Where the exercise of a power under section 78(1) or 79(1) by or on behalf of a licence holder in relation to land— a causes damage to the land or a thing situated on the land, the licence holder is liable to pay compensation to a person with an interest in or over the land or the thing, b disturbs a person's enjoyment of the land or a thing situated on the land, the licence holder is liable to pay compensation to the person in respect of the disturbance. 2 Any dispute about compensation under this section is to be referred to and determined by the Lands Tribunal for Scotland. 3 Sections 9 and 11 of the Land Compensation (Scotland) Act 1963 apply in relation to any determination under subsection (2) as if— a this section were referred to in section 9(1) of that Act, and b references in section 11 of that Act to the acquiring authority were references to the licence holder concerned. 4 The Scottish Ministers may by regulations make further provision about compensation payable under this section. Road works Power to carry out road works 82 1 A licence holder may, for a purpose connected with the supply of thermal energy by means of a heat network, carry out the works mentioned in subsection (2) if the heat networks licence held by the licence holder provides that the licence holder may carry out such works. 2 The works referred to in subsection (1) are— a installing heat network apparatus in a road, b inspecting, maintaining, adjusting, repairing, altering or renewing heat network apparatus installed in a road, c changing the position of heat network apparatus in a road, d removing heat network apparatus from a road, e works required for or incidental to works mentioned in any of paragraphs (a) to (d), including in particular— i opening or breaking up a road, ii opening or breaking up a sewer, drain or tunnel under a road, iii tunnelling or boring under a road, and iv removing or using all earth and materials in or under a road. 3 The power of a licence holder under subsection (1) to— a place on, over or along a road a structure for housing any other heat network apparatus, or b inspect, maintain, adjust, repair, alter or renew any such structure, may be exercised only with the consent of the road works authority. 4 But consent is not required under subsection (3) if it is withheld unreasonably by the road works authority. 5 The power of a licence holder under subsection (1) to open or break up a road which is not a public road may be exercised only with the consent of the road works authority. 6 But consent is not required under subsection (5) if— a the opening or breaking up of the road constitutes emergency works, or b consent is withheld unreasonably by the road works authority. 7 It is for the Scottish Ministers to determine any question which arises as to whether consent has been withheld unreasonably for the purposes of subsection (4) or (6)(b), and their decision is final. 8 In this section— “ emergency works ” has the same meaning as in Part 4 of the New Roads and Street Works Act 1991 (see section 111 of that Act), “ public road ” means a road which a roads authority has a duty to maintain, “ road ” has the same meaning as in Part 4 of the New Roads and Street Works Act 1991 (see section 107 of that Act), “ road works authority ” has the same meaning as Part 4 of that Act (see section 108 of that Act), “ roads authority ” has the same meaning as in section 151 of the Roads (Scotland) Act 1984. 9 In this section, a reference to heat network apparatus in a road includes a reference to heat network apparatus under, over, across, along or on the road. Interpretation Interpretation of Part 6 83 In this Part— “ heat network apparatus ” has the meaning given in section 69(11), “ licence holder ” has the meaning given in section 68(7), “ necessary wayleave ” has the meaning given in section 69(11), “ network land right ” has the meaning given in section 79(2), “ network wayleave right ” has the meaning given in section 69(1), “ wayleave document ” has the meaning given in section 69(11). PART 7 Key heat network assets Identifying key heat network assets 84 1 This section applies to— a a heat network consent application relating to— i the construction and operation of a heat network, or ii the operation of a heat network, b a heat network consent modification application in respect of a heat network consent relating to— i the construction and operation of a heat network, or ii the operation of a heat network. 2 The heat network consent application or (as the case may be) the heat network consent modification application must include— a required information about each key asset of the heat network to which the application relates, and b required information about each person with an interest in such an asset. 3 In subsection (2), “ required ” means required by a determination under section 33(1). 4 In this Part, “ key asset ”, in relation to a heat network, means property of a type mentioned in subsection (5) which— a forms part of the heat network, and b is necessary to the operation of the heat network. 5 The types of property are— a land, b buildings, c apparatus, d such other type of property as may be specified by the Scottish Ministers by regulations. 6 For the purposes of subsection (4)(b), it is for the Scottish Ministers to determine any question which arises as to whether property forming part of a heat network is necessary to the operation of the heat network. 7 Regulations under subsection (5)(d) may make different provision for different areas. Preparing schedule of key heat network assets 85 1 Following receipt of a heat network consent application of the type mentioned in section 84(1)(a) in relation to a heat network, the Scottish Ministers must prepare a schedule that includes details of each key asset of the heat network. 2 Subsection (3) applies where— a property relating to a heat network appears to the Scottish Ministers to be a key asset of the heat network, and b the Scottish Ministers propose to include details of the property in the schedule of key network assets for the heat network. 3 Before including details of the property in the schedule of key network assets, the Scottish Ministers must give notice of the proposal to— a each person with an interest in the property, and b such other persons as the Scottish Ministers consider appropriate. 4 The notice must— a give reasons why the property appears to the Scottish Ministers to be a key asset of the heat network, b explain the consequence of the property becoming a listed asset, and c specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the recipient of the notice may make representations about the proposal. 5 Where the Scottish Ministers include details of a key asset of a heat network in the schedule of key network assets for the heat network, the Scottish Ministers must give notice of that fact to each person with an interest in the key asset. 6 The Scottish Ministers must give notice under subsection (3) or (5) in such form and manner as they may specify by regulations. Notifying Scottish Ministers of changes in key network assets 86 1 The operator of a heat network must notify the Scottish Ministers if— a property that is not a listed asset of the heat network becomes a key asset of the heat network, or b property that is a listed asset of the heat network has ceased to be a key asset of the heat network. 2 Notification under subsection (1) must include such information about— a property relating to the heat network to which the notification relates, and b each person with an interest in such property, as the Scottish Ministers may determine. 3 The Scottish Ministers must arrange for any determination under subsection (2) to be published in such manner as they consider appropriate. Modifying schedule of key heat network assets 87 1 If the Scottish Ministers consider that property that is a listed asset of a heat network has ceased to be a key asset of the heat network, the Scottish Ministers must remove the details of the listed asset from the schedule of key heat network assets for the heat network. 2 If the Scottish Ministers consider that property that is not a listed asset of a heat network has become a key asset of the heat network, the Scottish Ministers must include details of the property in the schedule of key heat network assets for the heat network. 3 Before including details of property in the schedule of heat network assets pursuant to subsection (2), the Scottish Ministers must give notice of the proposal to— a each person with an interest in the property, and b such other persons as the Scottish Ministers consider appropriate. 4 The notice must— a give reasons why the property appears to the Scottish Ministers to be a key asset of the heat network, b explain the consequence of the property becoming a listed asset, and c specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the recipient of the notice may make representations about the proposal. 5 Where the Scottish Ministers include details of a key asset of a heat network in the schedule of key network assets for the heat network pursuant to subsection (2), the Scottish Ministers must give notice of that fact to each person with an interest in the key asset. 6 The Scottish Ministers must give notice under subsection (3) or (5) in such form and manner as they may specify by regulations. 7 It does not matter for the purposes of subsection (1) or (2) whether the Scottish Ministers form the view mentioned in either of those subsections— a following receipt of a heat network consent modification application of the type mentioned in section 84(1)(b), b following notification under section 86(1), or c on their own initiative. Preparation and maintenance of schedule of key network assets: further provision 88 The Scottish Ministers may by regulations make further provision about the procedure to be followed in connection with the preparation and maintenance of schedules of key heat network assets. Transfer schemes 89 1 Where an operator (the “former operator”) ceases (or is to cease) operating a heat network, the Scottish Ministers may make a transfer scheme. 2 A “transfer scheme” is a scheme making provision for— a the transfer to one or more relevant persons of the former operator's rights relating to the use of listed assets of the heat network, b the conferral on one or more relevant persons of other rights relating to the use of listed assets of the heat network. 3 A transfer scheme may make incidental, supplementary, consequential or transitional provision in connection with the transfer or conferral of rights by the transfer scheme as the Scottish Ministers consider appropriate. 4 The Scottish Ministers may by regulations make further provision about transfer schemes. 5 Regulations under subsection (4) may in particular make provision about— a the rights that may be transferred or conferred by a transfer scheme, b the procedure applying in connection with the making of a transfer scheme, c the effect of transfers or conferrals of rights by a transfer scheme, d requirements that may be imposed on the former operator or a transferee in connection with the transfer or conferral of rights by a transfer scheme, including obligations to enter into such agreements with another person, or to execute such documents in favour of another person, as may be specified or described in a transfer scheme, e the circumstances in which a right transferred or conferred by a transfer scheme is or may be extinguished, f the modification of a transfer scheme. 6 In this section— “ relevant person ” means— the Scottish Ministers, the appropriate local authority, a person (other than the former operator) to whom a heat network consent relating to the operation of the heat network is granted, “ transferee ” means a relevant person to whom rights are transferred, or on whom rights are conferred, by a transfer scheme. 7 In subsection (6), in the definition of “relevant person”, the “ appropriate local authority ” means— a the local authority for the area in which the listed assets are situated, or b where the listed assets are situated in the area of more than one local authority— i the authority in whose area the greater or greatest part of the listed assets is situated, or ii if neither or none of those authorities falls within sub-paragraph (i), such of those authorities as is selected by the Scottish Ministers for the purposes of being a transferee. Compensation in connection with transfer schemes 90 1 The Scottish Ministers may by regulations make provision for or about the payment of compensation in connection with a transfer scheme under section 89(1). 2 Regulations under subsection (1) may in particular make provision about— a the circumstances in which compensation is payable, b the persons to whom compensation is payable, c the persons liable to pay compensation, d what compensation is payable in respect of, e how the amount of compensation is to be calculated, f how a claim for compensation must be made in order to be valid (including the form and content of a claim, and the period within which it must be made), g the resolution of disputes relating to compensation. Interpretation of Part 7 91 In this Part— “ listed asset ”, in relation to a heat network, means property the details of which are included in the schedule of key heat network assets for the heat network, “ operator ”, in relation to a heat network, means a person holding a heat network consent in relation to the operation of the heat network, “ schedule of key heat network assets ”, in relation to a heat network, means a schedule prepared under section 85(1) for the heat network. PART 8 Heat networks targets and delivery plans Heat network supply targets 92 1 The Scottish Ministers must ensure that the combined supply of thermal energy by heat networks in Scotland reaches— a 2.6 terawatt hours of output by 2027, b 6 terawatt hours of output by 2030, c 7 terawatt hours of output by 2035. 2 The Scottish Ministers may by regulations modify subsection (1) so as to— a specify an additional target relating to the combined supply of thermal energy by heat networks in Scotland, b modify any target for the time being specified there. 3 The Scottish Ministers may by regulations make provision about targets specified or modified under subsection (2). 4 Regulations under subsection (3) may in particular make provision about— a the matters to be taken into account by the Scottish Ministers in specifying or modifying targets, b the criteria to be applied in specifying or modifying targets, c carrying out reviews of targets. 5 The Scottish Ministers may by regulations modify subsection (1) so as to specify an additional target relating to the output from the combined supply of thermal energy by heat networks in Scotland to be reached by 2035. 6 The Scottish Ministers must, by no later than 1 October 2023, lay a draft of a Scottish statutory instrument containing regulations under subsection (5) before the Scottish Parliament. Heat networks delivery plan 93 1 The Scottish Ministers must prepare a heat networks delivery plan, setting out how the provisions of this Act, and any other supporting policies, will contribute to increasing the use of heat networks in Scotland. 2 A heat networks delivery plan must set out— a the approach the Scottish Ministers intend to take to increase the use of heat networks in Scotland, b how the Scottish Ministers propose to meet the targets specified in section 92(1), c how the aggregate heat output of all heat networks in Scotland will be measured, d how the deployment of heat networks in Scotland will contribute to meeting emissions reduction targets set in the Climate Change (Scotland) Act 2009. 3 In preparing the heat networks delivery plan the Scottish Ministers must consult such persons as they consider appropriate. 4 The Scottish Ministers must— a publish the heat networks delivery plan, and b lay a copy of it before the Scottish Parliament, no later than 1 April 2022. 5 The Scottish Ministers are to keep the heat networks delivery plan under review and may revise it at any time. 6 At the end of each of the reporting periods the Scottish Ministers must— a review the heat networks delivery plan, b lay a report before the Scottish Parliament on that review. 7 A report under subsection (6) must consider— a how this Act and associated policies have contributed to an increase in the use of heat networks in Scotland in the reporting period, b what progress has been made in the aggregate heat output of all heat networks in Scotland in the reporting period and, in particular, in meeting the targets specified in section 92(1), c how the deployment of heat networks in Scotland has contributed to meeting emissions reduction targets set in the Climate Change (Scotland) Act 2009 during the reporting period. 8 The reporting periods are— a the period of 2 years beginning with the day on which the first heat networks delivery plan is published under subsection (4), b each subsequent period of 2 years. 9 The Scottish Ministers must have regard to the just transition principles (within the meaning of section 35C of the Climate Change (Scotland) Act 2009)— a in preparing the heat networks delivery plan, b in reviewing, and making any revision of, the plan under subsection (5), c in reviewing the plan under subsection (6), and d in preparing a report under subsection (6) on each such review. PART 9 Miscellaneous and general Fees Fees for applications etc. 94 1 The Scottish Ministers may by regulations make provision for the payment of a charge or fee, in respect of the matters mentioned in subsection (2), to the following persons— a the licensing authority, b the Scottish Ministers, c a local authority, d a person designated by the Scottish Ministers under section 37(b), e the permit authority. 2 The matters are— a in relation to the licensing authority— i the performance by the licensing authority of any of the licensing authority's functions under this Act, ii anything done by the licensing authority that is calculated to facilitate, or is conducive or incidental to, the performance of any such function, b in relation to the Scottish Ministers— i the performance by the Scottish Ministers of any of the their functions under Part 2, ii anything done by them that is calculated to facilitate, or is conducive or incidental to, the performance of any such function, c in relation to a local authority— i the performance by a local authority of any if its functions under Part 2 as the appropriate consent authority, ii anything done by the local authority that is calculated to facilitate, or is conducive or incidental to, the performance of any such function, d in relation to a person designated by the Scottish Ministers under section 37(b)— i the performance by that person of any of the person's functions as the enforcement authority for the purposes of Part 2, ii anything done by that person that is calculated to facilitate, or is conducive or incidental to, the performance of any such function, e in relation to the permit authority— i the performance by the permit authority of any of the permit authority's functions under Part 4, ii anything done by the permit authority that is calculated to facilitate, or is conducive or incidental to, the performance of any such function. 3 Regulations under subsection (1) may in particular— a specify the person by whom the charge or fee is to be paid, b specify charges or fees or provide for charges or fees to be determined by reference to such factors as may be specified in or determined under the regulations, c provide for the remission or repayment of fees in such circumstances as may be specified in or determined under the regulations. 4 Where regulations under subsection (1) provide for a fee to be charged in respect of any application under this Act made to a person mentioned in paragraph (a), (b), (c) or (e) of that subsection, the person need not consider the application unless and until the fee is paid. Local authority costs Strategy: local authority costs 95 1 The Scottish Ministers must prepare a strategy setting out the costs to local authorities in relation to their duties under this Act. 2 The strategy prepared under subsection (1)— a must set out the costs associated with the duties of local authorities under this Act, b must set out the approach the Scottish Ministers intend to take to fund local authorities to fulfil their duties under this Act, c must set out the approach the Scottish Ministers intend to take to ensure local authorities have the capacity to fulfil their duties under this Act, d may include such other information as the Scottish Ministers consider appropriate. General Individual culpability where organisation commits offence 96 1 This section applies where— a an offence under this Act is committed by a relevant organisation, and b the commission of the offence— i involves consent or connivance on the part of a responsible individual, or ii is attributable to neglect on the part of a responsible individual. 2 The responsible individual (as well as the relevant organisation) commits the offence. 3 For the purposes of this section— a “ relevant organisation ” means an organisation listed in the first column of the table in subsection (4), b “ responsible individual ” means, in relation to a relevant organisation— i an individual falling within the corresponding entry in the second column of the table in subsection (4), or ii an individual purporting to act in the capacity of an individual falling within the corresponding entry. 4 The table is as follows— Organisation Individual company as mentioned in section 1 of the Companies Act 2006 director, manager, secretary or other similar officer member, where the company's affairs are managed by its members limited liability partnership member other partnership partner any other body or association individual who is concerned in the management or control of its affairs Crown application: general 97 1 Nothing in this Act makes the Crown criminally liable. 2 But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable were it not for subsection (1). 3 Subsection (1) does not affect the criminal liability of persons in the service of the Crown. 4 Section 98 makes provision about access to Crown land. Crown application: powers of entry 98 1 A power of entry conferred by section 43(2), 78(5) or 79(7) is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”). Crown land Appropriate authority Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners) The Crown Estate Commissioners Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Scottish Crown Estate The person managing the land Land an interest in which belongs to Her Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown Estate The office-holder in the Scottish Administration or the Government department managing the land Land an interest in which belongs to Her Majesty in right of Her private estates The person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers Land an interest in which belongs to an office-holder in the Scottish Administration The office-holder in the Scottish Administration Land an interest in which belongs to a Government department The Government department Land an interest in which is held in trust for Her Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration The office-holder in the Scottish Administration Land an interest in which is held in trust for Her Majesty for the purposes of a Government department The Government department 2 In subsection (1)— a the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862, b “ Government department ” means a department of the Government of the United Kingdom, c “ Scottish Crown Estate ” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies. 3 It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (1) is the appropriate authority in relation to any land, and their decision is final. Regulations 99 1 Any power of the Scottish Ministers to make regulations under this Act includes power to make— a incidental, supplementary, consequential, transitional, transitory or saving provision, b different provision for different purposes. 2 Regulations under any of the following sections are subject to the affirmative procedure: 1(7), 4(b), 32(1), 37(b), 55(b), 57(1), 61(1), 73(4), 77(5), 81(4), 89(4), 90(1) and 92(2) or (5). 3 Regulations under the following sections which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure: 12(1), 20(1), 28(3), 29(6), 31(4), 36(1), 41(1), 60(1), 75(1) and 100(1). 4 All other regulations under this Act are subject to the negative procedure. 5 Subsection (1)(a) does not apply to regulations under section 100(1). 6 This section does not apply to regulations under section 102(2). Ancillary provision 100 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 2 Regulations under subsection (1) may modify any enactment (including this Act). 3 Regulations under subsection (1)— a which add to, replace or omit the text of an Act are subject to the affirmative procedure, b otherwise, are subject to the negative procedure. General interpretation 101 1 In this Act— “ appropriate consent authority ” is to be construed in accordance with section 21, “ enforcement authority ” has the meaning given in section 37, “ the fuel poverty targets ” means the targets set out in sections 1 and 2 of the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019, “ heat network ” has the meaning given in section 1(1), “ heat network consent ” has the meaning given in section 18(3), “ heat network consent application ” has the meaning given in section 22(2), “ heat network consent modification application ” has the meaning given in section 26(3), “ heat networks licence ” has the meaning given in section 2(5), “ heat network zone ” has the meaning given in section 46(3), “ licensing authority ” has the meaning given in section 4, “ permit authority ” has the meaning given in section 55, “ the Scottish Fuel Poverty Advisory Panel ” means the panel established under section 14(1) of the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019, “ thermal energy ” has the meaning given in section 1(5). 2 References in this Act to the construction of a heat network are to be construed in accordance with section 18(2). 3 In this Act, references to a person holding a heat network consent are references to the person for the time being entitled to the benefit of the heat network consent whether as a result of— a the grant of the consent to the person— i under section 23(1)(a), or ii pursuant to an appeal under section 31(2), or b a transfer of the consent to the person under section 25(1). Commencement 102 1 This section and sections 97 to 101 and 103 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 103 The short title of this Act is the Heat Networks (Scotland) Act 2021. S. 27 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 88 in force at 16.1.2023 by S.S.I. 2022/376 , reg. 2 , sch. S. 90 in force at 16.1.2023 by S.S.I. 2022/376 , reg. 2 , sch. S. 41 in force at 16.1.2023 by S.S.I. 2022/376 , reg. 2 , sch. S. 47 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 48 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 84 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 32 in force at 16.1.2023 by S.S.I. 2022/376 , reg. 2 , sch. S. 50 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 63 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 64 in force at 16.1.2023 by S.S.I. 2022/376 , reg. 2 , sch. S. 89 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 66 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 54 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 87 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 34 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 67 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 37 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 19 in force at 16.1.2023 by S.S.I. 2022/376 , reg. 2 , sch. S. 35 in force at 16.1.2023 by S.S.I. 2022/376 , reg. 2 , sch. S. 85 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376 , reg. 2 , sch. S. 92 in force at 31.3.2023 by S.S.I. 2023/77 , reg. 2 S. 47 in force at 30.5.2023 in so far as not already in force by S.S.I. 2023/148 , reg. 2(1) (2)(b) S. 48 in force at 30.5.2023 in so far as not already in force by S.S.I. 2023/148 , reg. 2(1) (2)(c) S. 50 in force at 30.5.2023 in so far as not already in force by S.S.I. 2023/148 , reg. 2(1) (2)(e) S. 54 in force at 30.5.2023 in so far as not already in force by S.S.I. 2023/148 , reg. 2(1) (2)(i) S. 63 in force at 30.5.2023 in so far as not already in force by S.S.I. 2023/148 , reg. 2(1) (2)(j) S. 66 in force at 30.5.2023 in so far as not already in force by S.S.I. 2023/148 , reg. 2(1) (2)(l) S. 67 in force at 30.5.2023 in so far as not already in force by S.S.I. 2023/148 , reg. 2(1) (2)(m) S. 46 in force at 30.5.2023 by S.S.I. 2023/148 , reg. 2(1) (2)(a) S. 49 in force at 30.5.2023 by S.S.I. 2023/148 , reg. 2(1) (2)(d) S. 51 in force at 30.5.2023 by S.S.I. 2023/148 , reg. 2(1) (2)(f) S. 52 in force at 30.5.2023 by S.S.I. 2023/148 , reg. 2(1) (2)(g) S. 53 in force at 30.5.2023 by S.S.I. 2023/148 , reg. 2(1) (2)(h) S. 65 in force at 30.5.2023 by S.S.I. 2023/148 , reg. 2(1) (2)(k) S. 93 in force at 30.5.2023 by S.S.I. 2023/148 , reg. 2(1) (2)(n) Act : power to amend conferred (26.10.2023) by Energy Act 2023 (c. 52) , ss. 219 , 334(2)(l) Act : power to amend conferred (26.10.2023) by Energy Act 2023 (c. 52) , ss. 224 , 334(2)(l) S. 4 renumbered as s. 4(1) (26.10.2023) by Energy Act 2023 (c. 52) , ss. 223(3)(a) , 334(2)(l) S. 4(2) (3) inserted (26.10.2023) by Energy Act 2023 (c. 52) , ss. 223(3)(b) , 334(2)(l) S. 92(1)(c) inserted (24.11.2023) by The Heat Networks (Supply Targets) (Scotland) Regulations 2023 (S.S.I. 2023/358) , regs. 1 , 2(2)
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[uk-legislation-asp][asp] 2024-05-04 Scottish Parliament (Assistance for Political Parties) Act 2021
http://www.legislation.gov.uk/asp/2021/7/2021-05-22
http://www.legislation.gov.uk/asp/2021/7/2021-05-22 Scottish Parliament (Assistance for Political Parties) Act 2021 An Act of the Scottish Parliament to enable the Parliament to make provision by resolution for payments to registered political parties for the purpose of assisting members of the Parliament who are connected with the parties to perform their Parliamentary duties. text text/xml en Statute Law Database 2021-03-27 2021-05-22 Scottish Parliament (Assistance for Political Parties) Act 2021 2021 asp 7 An Act of the Scottish Parliament to enable the Parliament to make provision by resolution for payments to registered political parties for the purpose of assisting members of the Parliament who are connected with the parties to perform their Parliamentary duties. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 2nd February 2021 and received Royal Assent on 22nd March 2021 Assistance for registered political parties in the Parliament 1 In the Scotland Act 1998, for section 97 (assistance for opposition parties) substitute— Assistance for registered political parties in the Parliament 97 1 The Parliament may by resolution make provision for payments to be made to registered political parties for the purpose of assisting members of the Parliament who are connected with the parties to perform their Parliamentary duties. 2 A resolution under subsection (1) may— a confer functions on the Parliamentary corporation, b determine, or make provision for determining, the circumstances in which a member of the Parliament and a registered political party are to be regarded for the purposes of the resolution as connected, c make different provision for different purposes. . Consequential amendment 2 In the Scotland Act 1998, in schedule 7 (procedure for subordinate legislation), in the table in paragraph 1 the entry for section 97 is repealed. Saving provision 3 1 The amendment made by section 1 does not affect the validity of the Scottish Parliament (Assistance for Registered Political Parties) Order 1999 (“ the Order ”) or anything done under the Order. 2 Subject to subsection (3), the Order continues to have effect after section 1 comes into force as it had effect immediately before that time. 3 The Order is revoked on the day on which the first resolution of the Parliament under section 97 of the Scotland Act 1998 (as substituted by section 1) comes into force. Commencement 4 This Act comes into force at the end of the period of 2 months beginning with the day of Royal Assent. Short title 5 The short title of this Act is the Scottish Parliament (Assistance for Political Parties) Act 2021.
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[uk-legislation-asp][asp] 2024-05-04 Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/6/2021-08-24
http://www.legislation.gov.uk/asp/2021/6/2021-08-24 Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 An Act of the Scottish Parliament to create an offence of assaulting, threatening or abusing retail workers; and to provide for a statutory aggravation of that offence where the retail worker is enforcing a statutory age restriction. text text/xml en Statute Law Database 2021-03-05 2021-08-24 Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 2021 asp 6 An Act of the Scottish Parliament to create an offence of assaulting, threatening or abusing retail workers; and to provide for a statutory aggravation of that offence where the retail worker is enforcing a statutory age restriction. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th January 2021 and received Royal Assent on 24th February 2021 Offence of assaulting etc. retail worker 1 1 It is an offence for a person to assault, threaten or abuse another person— a who is a retail worker, and b who is engaged, at the time, in retail work. 2 No offence is committed under subsection (1) unless the person who assaults, threatens or abuses knows or ought to know that the other person— a is a retail worker, and b is engaged, at the time, in retail work. 3 A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the prescribed sum (or both). 4 Evidence from a single source is sufficient to establish, for the purposes of this section— a whether a person is a retail worker, and b whether the person is engaged, at the time, in retail work. 5 In subsection (3), the “ prescribed sum ” has the meaning given by section 225(8) of the Criminal Procedure (Scotland) Act 1995. Behaviour constituting an offence under section 1 2 1 The offence under section 1 of threatening or abusing a retail worker is committed by a person only if the person— a behaves in a threatening or abusive manner towards the worker, and b intends by the behaviour to cause the worker or any other person fear or alarm or is reckless as to whether the behaviour would cause such fear or alarm. 2 Subsection (1) applies to— a behaviour of any kind including, in particular, things said or otherwise communicated as well as things done, b behaviour consisting of— i a single act, or ii a course of conduct. Aggravation in relation to enforcement of statutory age restriction 3 1 This section applies where, in proceedings for an offence under section 1, it is— a specified in the complaint that the offence is aggravated by reason of the retail worker's enforcing a statutory age restriction, and b proved that the offence is so aggravated. 2 The offence is so aggravated if the behaviour constituting the offence occurred because of the enforcement of a statutory age restriction. 3 Evidence from a single source is sufficient to prove that the offence is so aggravated. 4 Where this section applies, the court must— a state on conviction that the offence is so aggravated, b record the conviction in a way that shows that the offence is so aggravated, c take the aggravation into account in determining the appropriate sentence, and d state— i where the sentence imposed in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or ii otherwise, the reasons for there being no such difference. 5 In this section— “ enforcement ”, in relation to a statutory age restriction, includes— seeking information as to a person's age, considering information as to a person's age, refusing to sell or supply goods or services, for the purposes of complying with the restriction (and “ enforcing ” is to be construed accordingly), “ statutory age restriction ” means a provision in an enactment making it an offence to sell or supply goods or services to a person under an age specified in that or another enactment. Meaning of “retail worker” 4 1 In this Act, “retail worker”— a means a person— i whose usual place of work is retail premises, or ii whose usual place of work is not retail premises but who does retail work, b includes, in relation to a business that owns or occupies any premises in which the person works, a person who— i is an employee of the business, ii is an owner of the business, or iii works in the premises under arrangements made between the business and another person for the provision of staff, c also includes a person who delivers goods from retail premises. 2 For the purposes of subsection (1), it is irrelevant whether or not the person receives payment for the work. 3 In proceedings for an offence under section 1, it is not necessary for the prosecutor to prove that the person charged with the offence knew or ought to have known any matter falling within subsection (1)(b) in relation to the person against whom the offence is alleged to have been committed. Meaning of “retail premises” and “retail work” 5 1 In this Act, “ retail premises ” means premises that are used wholly or mainly for the sale or supply of goods, on a retail basis, to members of the public. 2 In this Act, “ retail work ” means— a in the case of a person whose usual place of work is retail premises, any work in those retail premises, b in the case of a person whose usual place of work is not retail premises, work in connection with— i the sale or supply of goods, on a retail basis, to members of the public, or ii the sale or supply of services (including facilities for gambling) in respect of which a statutory age restriction applies, c subject to subsection (3), in the case of a person who delivers goods from retail premises, work in connection with the sale or supply of goods, on a retail basis, to members of the public. 3 A person who delivers goods from retail premises is doing retail work only during the period beginning when the person arrives at a place where delivery of goods is to be effected and ending when the person leaves that place (whether or not goods have been delivered). 4 In subsection (2)(b)(ii), “ statutory age restriction ” has the same meaning as in section 3(5). 5 In this section, references to working in premises includes working on any land forming part of the premises. Commencement 6 1 This section, section 4 (except subsection (3)), section 5 and section 7 come into force on the day after Royal Assent. 2 The other provisions of this Act (including section 4(3)) come into force at the end of the period of 6 months beginning with the day of Royal Assent. Short title 7 The short title of this Act is the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021. S. 4(1)(3) in force at 25.2.2021, s. 4(2) in force at 25.8.2021 see s. 6
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[uk-legislation-asp][asp] 2024-05-04 Scottish General Election (Coronavirus) Act 2021
http://www.legislation.gov.uk/asp/2021/5/2021-01-30
http://www.legislation.gov.uk/asp/2021/5/2021-01-30 Scottish General Election (Coronavirus) Act 2021 An Act of the Scottish Parliament to provide for measures relating to protection against coronavirus to apply to the ordinary general election for membership of the Scottish Parliament due to be held on 6 May 2021. text text/xml en Statute Law Database 2021-02-12 2021-01-30 Scottish General Election (Coronavirus) Act 2021 2021 asp 5 An Act of the Scottish Parliament to provide for measures relating to protection against coronavirus to apply to the ordinary general election for membership of the Scottish Parliament due to be held on 6 May 2021. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 23rd December 2020 and received Royal Assent on 29th January 2021 Application of Act Application of this Act to 2021 election 1 This Act applies in relation to the ordinary general election for membership of the Scottish Parliament the poll for which is, on the day on which this Act comes into force, due to be held on 6 May 2021 (“the 2021 election”). Disapplication of existing law Disapplication of section 2 of the Scotland Act 1998 2 Subsections (3) to (5ZA) of section 2 of the Scotland Act 1998 do not apply in relation to the 2021 election. Postal voting arrangements for 2021 election Closing date for application to vote by post or amend existing absent vote arrangements 3 1 In relation to the 2021 election, paragraph 9 of schedule 3 of the 2015 Order has effect in accordance with the modifications in subsections (2) and (3). 2 Sub-paragraph (1) has effect as if for the word “eleventh” there were substituted “ twenty-first ” . 3 Sub-paragraph (5) has effect as if for the word “eleventh” there were substituted “ twenty-first ” . 4 Subsections (1) to (3) are subject to subsection (5). 5 The Scottish Ministers may by regulations provide that in relation to the 2021 election, paragraph 9(1) or (5) of schedule 3 of the 2015 Order is to be read, in relation to a particular type of application, as if for the numbered day for the time being specified there were substituted a different numbered day. 6 But the power in subsection (5) may be exercised only so as to specify a day numbered twenty-one or less. Postal voting applications: report at closing date 4 1 The Scottish Ministers must prepare a report, using the most recent information available as at 7 April 2021, setting out— a the number of persons who are registered to vote at the 2021 election, b the number of persons who have been granted a postal vote for the election, and c the number of applications for a postal vote for the election which have been received but not determined. 2 The report— a must specify any funding provided to local authorities by the Scottish Ministers for the purpose of ensuring that electoral registration officers have adequate resources to deal with any increase in applications for a postal vote for the 2021 election arising as a result of coronavirus, b may include such further information relating to postal voting at the 2021 election as the Scottish Ministers consider appropriate. 3 The Scottish Ministers must prepare and publish the report and lay it before the Scottish Parliament as soon as reasonably practicable after 7 April 2021. 4 In subsection (2)(a), “ electoral registration officer ” means an officer appointed under section 8(3) of the Representation of the People Act 1983. Power to provide for all-postal vote 5 1 The Scottish Ministers may, if they consider it necessary for a reason relating to coronavirus, by regulations provide that the poll at the 2021 election is to be held solely by means of postal voting. 2 Regulations under subsection (1) may make such provision as to the arrangements for the poll as the Scottish Ministers consider appropriate. 3 Regulations under subsection (1) may modify any enactment (including section 3(2) and (3) of, but excluding the rest of, this Act). 4 Regulations under subsection (1) are subject to the affirmative procedure. 5 When laying draft regulations under subsection (4) before the Scottish Parliament, the Scottish Ministers must at the same time lay a statement of the reasons for the regulations, including information on the responses received from the persons listed in subsection (6). 6 Before laying draft regulations under subsection (4), the Scottish Ministers must consult— a the Presiding Officer, b the Electoral Commission, c the convener of the Electoral Management Board for Scotland, and d the Chief Medical Officer of the Scottish Administration. Other arrangements for 2021 election Dissolution of current Parliament 6 1 For the purpose of the holding of the poll for the 2021 election, the Scottish Parliament is dissolved on 5 May 2021. 2 But subsection (1) is subject to section 11(8). Dissolution of current Parliament: consequential modifications 7 1 In relation to the 2021 election, the 2015 Order has effect in accordance with the modifications in this section. 2 In article 80(1), the provision as to when a person becomes a candidate in relation to a Scottish parliamentary election has effect as if for the words from “ on the date of ” to “issued” there were substituted “ on the day which is 27 days before 6 May 2021, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules (computation of time) ” . 3 Paragraph 1(2)(a)(i) of schedule 1 has effect as if for the words “the date of the dissolution of the Parliament as provided for at section 2(3)(a) of the 1998 Act” there were substituted “ the day which is 27 days before the day of the poll at the election, computed in accordance with rule 2 of the Scottish Parliamentary Election Rules (computation of time) ” . Power to provide for polling on additional days 8 1 If— a the convener of the Electoral Management Board for Scotland recommends to the Scottish Ministers that polling at the 2021 election should take place on one or more specified days, as well as on the day of the poll, and b the Scottish Ministers consider that giving effect to that recommendation is necessary for a reason relating to coronavirus, the Scottish Ministers may by regulations give effect to that recommendation. 2 A day may be specified by the convener under subsection (1) only if it is— a consecutive to the day of the poll or any other day so specified (unless the convener considers that there is a reason to recommend a break in polling days), and b one of the 8 days immediately succeeding the day of the poll. 3 In subsections (1) and (2) , “ the day of the poll ” means 6 May 2021 (or, where the Presiding Officer has exercised the power conferred by section 11(1), the day fixed by the Presiding Officer under that section for the holding of the poll for the 2021 election). 4 Regulations under subsection (1) may specify particular days (or times on particular days) when specified descriptions or categories of persons entitled to vote in person at the 2021 election (whether as electors or as proxies) may vote. 5 Regulations under subsection (1) are subject to the affirmative procedure. 6 When laying draft regulations under subsection (5) before the Scottish Parliament, the Scottish Ministers must at the same time lay a statement of the reasons for the regulations, including information on the responses received from the persons listed in subsection (7). 7 Before laying draft regulations under subsection (5), the Scottish Ministers must consult— a the Presiding Officer, b the Electoral Commission, c the convener of the Electoral Management Board for Scotland, and d the Chief Medical Officer of the Scottish Administration. 8 Regulations under subsection (1) are without prejudice to the exercise (or, as the case may be, re-exercise) of the power conferred by section 11(1). 9 The Scottish Ministers may by regulations modify the meaning of a relevant reference so far as it applies in relation to the 2021 election if regulations under subsection (1) are in effect. 10 Otherwise, the meaning of a relevant reference is not, in relation to the 2021 election, affected by regulations under subsection (1). 11 In subsections (9) and (10) a “ relevant reference ” means a reference (however expressed) in the 2015 Order or any other enactment or document to the day or date of the poll at an election for membership of the Scottish Parliament. Arrangements for new Parliament First meeting of new Parliament and choice of new First Minister 9 1 The Presiding Officer must, after consultation with the Electoral Commission and the convener of the Electoral Management Board for Scotland, fix the day on which the Scottish Parliament is first to meet after the poll for the 2021 election. 2 The day fixed under subsection (1) must be as soon as reasonably practicable after the poll. 3 If the day fixed under subsection (1) is not within the period of seven days beginning immediately after the day of the poll, any relevant additional days are to be disregarded for the purpose of the calculation of the period allowed, under section 46 of the Scotland Act 1998, for the Parliament to nominate one of its members for appointment as First Minister after the poll for the 2021 election. 4 In subsection (3)— “ the day of the poll ” means 6 May 2021 (or, where the Presiding Officer has exercised the power conferred by section 11(1), the day fixed by the Presiding Officer under that section for the holding of the poll for the 2021 election), a “ relevant additional day ” means any day in the period— beginning with the eighth day immediately after the day of the poll, and ending with the day fixed under subsection (1). Election of new Presiding Officer 10 In relation to the 2021 election, section 19(1A)(b) of the Scotland Act 1998 has effect as if for the words “within the period of 14 days beginning immediately after” there were substituted “ as soon as reasonably practicable after ” . Reserve power of Presiding Officer to postpone 2021 election Power of Presiding Officer to postpone election 11 1 If the Presiding Officer considers it necessary or appropriate for any reason to do so, the Presiding Officer may fix a day that is after 6 May 2021 for the holding of the poll for the 2021 election. 2 Subsection (3) applies if the power conferred by subsection (1) is to be exercised for a reason relating to coronavirus. 3 Before exercising the power, the Presiding Officer must be satisfied that the Scottish Parliament could not safely meet for the purpose of passing a Bill for an Act to change the day for the holding of the poll. 4 The Presiding Officer must under subsection (1) fix as the day for the poll the earliest day which the Presiding Officer considers reasonably practicable, having regard to the reason for the exercise of the power. 5 As soon as reasonably practicable after exercising the power conferred by subsection (1), the Presiding Officer must publish on the website of the Scottish Parliament a statement of— a the day fixed for the holding of the poll, and b the reason for the exercise of the power. 6 The power conferred by subsection (1)— a may be exercised more than once, but b may not be exercised so as to fix a day that is after 5 November 2021. 7 Before exercising the power conferred by subsection (1), the Presiding Officer must consult— a the Scottish Ministers, b the Electoral Commission, c the convener of the Electoral Management Board for Scotland, and d the Chief Medical Officer of the Scottish Administration. 8 If the Presiding Officer exercises the power conferred by subsection (1), the Scottish Parliament is dissolved on the day immediately before the day fixed for the holding of the poll, unless subsection (9) applies. 9 This subsection applies where, before the day on which the Scottish Parliament is due to be dissolved in accordance with subsection (8), the Presiding Officer exercises the power conferred by subsection (1) again (and, accordingly, subsection (8) applies to that exercise of the power in turn). Supplementary Effect of Act on existing power to make provision about elections 12 This Act does not affect the generality of the power conferred on the Scottish Ministers by section 12(1) of the Scotland Act 1998. Final provisions Interpretation 13 In this Act— “ the 2015 Order ” means the Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425), “ the 2021 election ” has the meaning given by section 1, “ coronavirus ” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), “ the Presiding Officer ” means the Presiding Officer of the Scottish Parliament. Ancillary provision 14 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision that they consider appropriate for the purposes of, in connection with, or for giving full effect to this Act or any provision made under it. 2 Regulations under subsection (1) may modify any enactment (including this Act). Commencement 15 0 This Act comes into force on the day after Royal Assent. Short title 16 The short title of this Act is the Scottish General Election (Coronavirus) Act 2021.
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[uk-legislation-asp][asp] 2024-05-04 UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/4/2024-01-01
http://www.legislation.gov.uk/asp/2021/4/2024-01-01 UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 An Act of the Scottish Parliament to make provision for Scotland in connection with the withdrawal of the United Kingdom from the European Union, in particular to enable provision to be made that corresponds to provision in EU law after the United Kingdom's withdrawal; to establish guiding principles on the environment and to require public authorities to have due regard to those principles in making policies; to establish a body with the functions of ensuring compliance by public authorities with environmental law and monitoring the effectiveness of environmental law in protecting and improving the environment; to require the preparation and publication of an environmental policy strategy; and for connected purposes. text text/xml en Statute Law Database 2024-01-17 Expert Participation 2024-01-01 UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 2021 asp 4 An Act of the Scottish Parliament to make provision for Scotland in connection with the withdrawal of the United Kingdom from the European Union, in particular to enable provision to be made that corresponds to provision in EU law after the United Kingdom's withdrawal; to establish guiding principles on the environment and to require public authorities to have due regard to those principles in making policies; to establish a body with the functions of ensuring compliance by public authorities with environmental law and monitoring the effectiveness of environmental law in protecting and improving the environment; to require the preparation and publication of an environmental policy strategy; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 22nd December 2020 and received Royal Assent on 29th January 2021 PART 1 ALIGNMENT WITH EU LAW Power to make provision corresponding to EU law 1 1 The Scottish Ministers may by regulations— a make provision— i corresponding to an EU regulation, EU tertiary legislation or an EU decision, ii for the enforcement of provision made under sub-paragraph (i) or otherwise to make it effective, iii to implement an EU directive, or iv modifying any provision of assimilated law relating to the enforcement or implementation of an EU regulation, EU tertiary legislation, an EU decision or an EU directive, so far as the EU regulation, EU tertiary legislation, EU decision or EU directive has effect in EU law after IP completion day, or b otherwise make provision for the purpose of dealing with matters arising out of, or related to, the operation from time to time of— i any rights, powers, liabilities, obligations or restrictions created by regulations made under this subsection, or ii any remedies or proceedings provided for by those regulations. 2 In making regulations under subsection (1)(a)(i), (ii) or (iii), the Scottish Ministers may, in particular— a omit anything which has no practical application in relation to Scotland or is otherwise redundant or substantially redundant, b omit functions of, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to Scotland, c omit provision for, or in connection with, reciprocal arrangements between— i the United Kingdom or Scotland or a public authority in the United Kingdom, and ii the EU, an EU entity, a member State or a public authority in a member State, which no longer exist or are no longer necessary, d omit provision for, or in connection with, other arrangements which— i involve the EU, an EU entity, a member State or a public authority in a member State, or ii are otherwise dependent upon the United Kingdom's membership of the EU, and which no longer exist or are no longer necessary, e omit provision for, or in connection with, any reciprocal or other arrangements not falling within paragraph (c) or (d) which no longer exist, or are no longer necessary, as a result of the United Kingdom ceasing to be a party to any of the EU Treaties, f confer functions or impose restrictions which— i are in an EU directive and in force (including any power to make EU tertiary legislation), and ii it is appropriate to retain, g omit EU references which are not necessary. 3 Regulations under subsection (1)(a)(i), (ii) or (iii) may provide for functions of EU entities or public authorities in member States (including making an instrument of a legislative character or providing funding) to be— a exercisable instead by a Scottish public authority (whether or not established for the purpose), or by any person whom the authority authorises to carry out functions on its behalf, or b omitted or otherwise differently provided for. 4 Regulations under subsection (1)(a)(iv) may, in relation to any functions in EU instruments that are already exercisable by a Scottish public authority— a provide for the authority to— i delegate any of the functions to another person, or ii arrange for any of the functions to be carried out by another person, or b otherwise provide for the functions to be conferred instead on another Scottish public authority. 5 Regulations under subsection (1) may make provision for, or in connection with, the charging of fees or other charges in connection with the exercise of a function (“the relevant function”) which a Scottish public authority has by virtue of provision made under that subsection, including— a specifying fees or charges or making provision as to how they are to be determined, b providing for the recovery or disposal of any sums payable under the regulations, c conferring power on the Scottish public authority to make, by subordinate legislation, any provision that the Scottish Ministers may make by virtue of this subsection in relation to the relevant function. 6 Regulations under subsection (1) may make any provision that could be made by an Act of the Scottish Parliament. Purpose of maintaining and advancing standards 2 1 The purpose of section 1(1) is, among other things, to contribute towards maintaining and advancing standards in relation to the following matters— a environmental protection, b animal health and welfare, c plant health, d equality, non-discrimination and human rights, e social protection. 2 When using the power under section 1(1), the Scottish Ministers must have due regard to the purpose referred to in subsection (1). 3 In subsection (1)(a), “ environmental protection ” has the meaning given by section 45(1). Limitations on the section 1(1) power 3 1 Regulations under section 1(1) may not— a impose or increase taxation, b make retrospective provision, c create a relevant criminal offence, d provide for the establishment of a Scottish public authority, e remove any protection relating to the independence of judicial decision-making, or decision-making of a judicial nature, by a person occupying a judicial office, or otherwise make provision inconsistent with the duty in section 1 of the Judiciary and Courts (Scotland) Act 2008 (guarantee of the continued independence of the judiciary), f confer a function on a Scottish public authority that is not broadly consistent with the general objects and purposes of the authority, g modify any of the matters listed in section 31(5) of the Scotland Act 1998 (protected subject-matter), h modify the Scotland Act 1998, i modify the Equality Act 2006, or j modify the Equality Act 2010. 2 Paragraphs (e) and (j) of subsection (1) do not prevent the removal of a protection or the making of a modification if alternative provision is made in the regulations that is equivalent to the protection being removed or the provision being modified. 3 In subsection (1)— “ judicial office ” means— the office of judge of any court, the office of member of any tribunal, any other office, or appointment, having functions of a judicial nature, “ relevant criminal offence ” means an offence for which an individual who has reached the age of 21 is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions), “ retrospective provision ”, in relation to provision made by regulations, means provision taking effect from a date earlier than the date on which the regulations are made. Duration of the section 1(1) power 4 1 No regulations may be made under section 1(1) after the end of the period of 6 years beginning with the day on which section 1(1) comes into force. 2 The Scottish Ministers may by regulations extend the period mentioned in subsection (1). 3 That power may be exercised more than once. 4 But the period mentioned in subsection (1) may not be extended by regulations under subsection (2) beyond the end of the period of 10 years beginning with the day on which section 1(1) comes into force. 5 Subsection (1) does not affect the continuation in force of any regulations made under section 1(1) during the period mentioned in subsection (1) (including any period of extension provided by regulations under subsection (2)). 6 Regulations under subsection (2) are subject to the affirmative procedure. Scrutiny of regulations under section 1(1) 5 1 Regulations under section 1(1) which contain provision falling within subsection (2) are subject to the affirmative procedure. 2 That provision is provision which— a abolishes a function of an EU entity or a public authority in a member State without providing for an equivalent function to be exercisable by any person, b provides for a function mentioned in section 1(3) or (4) to be exercisable by a Scottish public authority, or by a different Scottish public authority (as the case may be), or by any person whom the Scottish public authority authorises to carry out functions on its behalf, c falls within section 1(5), regarding the charging of fees or other charges in connection with the exercise of a function by a Scottish public authority, except for provision which relates only to altering the amount of a fee or charge to reflect changes in the value of money, d creates, or widens the scope of, a criminal offence, e creates or amends a power to legislate. 3 Any other regulations under section 1(1) are (if they have not been subject to the affirmative procedure) subject to the negative procedure. Policy statement on the section 1(1) power 6 1 The Scottish Ministers must publish, in such manner as they consider appropriate, a statement of their policy on— a the approach to be taken, b the factors to be taken into account, and c the process to be followed, when considering whether to use the power under section 1(1). 2 The Scottish Ministers may from time to time revise the policy statement and publish the revised policy statement. 3 Where the Scottish Ministers make a statement referred to in subsection (9) of section 9, by virtue of paragraph (c) of that subsection, they must as soon as reasonably practicable after making the statement— a review the policy statement, and b either— i revise the policy statement and publish the revised policy statement, or ii lay before the Scottish Parliament a document explaining why, in the Scottish Ministers' opinion, it is not necessary to revise the policy statement. 4 In this Part, references to a policy statement under this section include references to the policy statement as revised from time to time. 5 It is not necessary for a policy statement to have been published under this section before the power under section 1(1) may be used. Procedure for publication of policy statement 7 1 Before publishing a policy statement under section 6, the Scottish Ministers must lay a copy of the statement before the Scottish Parliament for approval. 2 The Scottish Ministers must not publish the policy statement before the end of the 28-day period mentioned in subsection (5). 3 Before laying a copy of the policy statement before the Scottish Parliament under subsection (1), the Scottish Ministers must— a lay a draft of the statement before the Parliament, and b in preparing the copy of the policy statement that is to be laid before the Parliament under subsection (1), have regard to any representations about the draft statement that are made to them before the end of the period of 28 days beginning with the day on which the draft statement is laid before the Parliament under paragraph (a). 4 When laying a copy of the policy statement before the Scottish Parliament under subsection (1), the Scottish Ministers must at the same time lay before the Parliament a document describing how they have had regard to any representations made about the draft statement in accordance with subsection (3)(b) in preparing the copy of the statement. 5 If, within 28 days of a copy of the policy statement having been laid before the Scottish Parliament under subsection (1), the Parliament resolves that the statement should not be approved, the Scottish Ministers must not publish the statement but instead— a review and revise the policy statement, having regard to any views expressed by the Parliament in relation to the statement, and b lay a copy of the policy statement as revised before the Parliament. 6 Subsection (5) applies in relation to any policy statement as revised under that subsection as it applies in relation to the first copy of the policy statement laid before the Scottish Parliament under subsection (1). 7 In calculating the period of 28 days mentioned in subsections (3)(b) and (5), no account is to be taken of any period during which the Parliament is dissolved or in recess for more than 4 days. 8 The Scottish Ministers must lay a draft of the first policy statement under subsection (3)(a) as soon as reasonably practicable after section 1(1) comes into force. Explanatory statements for regulations under section 1(1) 8 1 This section applies where a Scottish statutory instrument containing regulations under section 1(1), or a draft of such an instrument, is to be laid before the Scottish Parliament. 2 When the instrument or draft is laid, the Scottish Ministers must make each of the statements listed in section 9. 3 If the instrument or draft is laid when the Scottish Parliament is in recess, the Scottish Ministers must make a statement explaining why the instrument or draft was laid at that time. 4 If the Scottish Ministers fail to make a statement required by subsection (2) or (3) when the instrument or draft is laid, they must make a statement explaining why they have failed to do so. 5 A statement under subsection (2), (3) or (4) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate. 6 This section does not apply in relation to any laying before the Scottish Parliament of an instrument or draft instrument where an equivalent instrument or draft (ignoring any differences relating to procedure) has previously been laid before the Parliament. Explanatory statements: good reasons, human rights etc. 9 1 The statements referred to in section 8(2) are as follows. 2 A statement explaining— a the instrument or draft, b why, in the Scottish Ministers' opinion, there are good reasons for making the provision contained in the instrument or draft, c the law before IP completion day which is relevant to the provision, and d the effect (if any) of the provision on assimilated law. 3 A statement explaining the effect (if any) of the instrument or draft on— a the Convention rights within the meaning of section 1 of the Human Rights Act 1998, and b other human rights contained in any international convention, treaty or other international instrument ratified by the United Kingdom. 4 A statement— a as to whether the instrument or draft amends, repeals or revokes any provision of equality legislation, and b if it does, explaining the effect of each such amendment, repeal or revocation. 5 A statement to the effect that, in relation to the instrument or draft, the Scottish Ministers have, so far as required to do so by equality legislation, had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010. 6 A statement explaining the effect (if any) of the instrument or draft on— a rights and duties relating to employment and health and safety, b matters relating to consumer protection, so far as it is within devolved competence (within the meaning of section 54 of the Scotland Act 1998) for the instrument or draft to have any such effect. 7 A statement— a as to whether, in relation to the instrument or draft, the Scottish Ministers have consulted— i such persons appearing to them to be representative of the interests of local authorities, ii any other person, and b if they have, setting out details of the consultation that they carried out. 8 Except where the regulations are subject to the negative procedure, a statement setting out the likely financial implications of the provision contained in the draft. 9 If the instrument or draft— a is laid before a policy statement is published under section 6(1), b is laid during the period beginning with the day on which a copy of a revised policy statement is laid before the Scottish Parliament under section 7(1) and ending with the day on which the revised policy statement is published under section 6(2) or (3)(b)(i), or c contains provision that involves using the power under section 1(1) in a way that is not in accordance with the policy statement published under section 6, a statement explaining why, in the Scottish Ministers' opinion, there are good reasons for laying the instrument or draft at that time or, as the case may be, for using the power in that way. 10 In this section, “ equality legislation ” means the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts. Reports relating to the use of the section 1(1) power 10 1 The Scottish Ministers must, for each reporting period, prepare and lay before the Scottish Parliament a report explaining— a how the power under section 1(1) has been used during the reporting period, b how that use of the power under section 1(1) contributes or has contributed towards maintaining and advancing standards in relation to the matters mentioned in section 2(1)(a) to (e), c how they intend to use the power under section 1(1) in the period (of such length as they may determine) following the reporting period, d how their intended use of the power under section 1(1) would contribute towards maintaining and advancing standards in relation to the matters mentioned in section 2(1)(a) to (e), and e any use of the power under section 1(1) that has been considered by the Scottish Ministers during the reporting period. 2 The reporting periods are— a the period beginning with the day on which section 1(1) comes into force and ending with 31 August 2021, b each subsequent period of one year (during the total period in which regulations may be made under section 1(1) in accordance with section 4), and c the period (the “final reporting period”) beginning with the day after the end of the last period of one year determined under paragraph (b) and ending with the day on which the power to make regulations under section 1(1) expires in accordance with section 4. 3 Paragraphs (c) and (d) of subsection (1) do not apply to the report for the final reporting period. Consultation on reports under section 10(1) 11 1 Before laying a report before the Scottish Parliament under section 10(1), the Scottish Ministers must— a lay a draft of the report before the Parliament, and b in preparing the report, have regard to any representations about the draft report that are made to them before the expiry of the consultation period. 2 References in this section to a draft of the report are references only to a draft of the provision to be contained in the report under section 10(1)(c). 3 The draft report must be laid before the Parliament under subsection (1)(a) as soon as practicable, and no later than 2 months, after the end of the reporting period to which it relates. 4 Where the Scottish Ministers lay a draft report before the Scottish Parliament under subsection (1)(a), they must not lay the report before the Parliament under section 10(1) before the expiry of the consultation period. 5 When laying the report before the Scottish Parliament under section 10(1), the Scottish Ministers must at the same time lay before the Parliament a document setting out— a a summary of any representations about the draft report made during the consultation period, and b how they have had regard to those representations in preparing the report. 6 Where the representations about the draft report made during the consultation period include representations that any particular intended use or uses of the power under section 1(1) as explained in the draft report should instead be provided for by means of an Act of the Scottish Parliament, the document laid under subsection (5) must cover those representations separately. 7 In this section, “ consultation period ” means the period of 28 days beginning with the day on which the draft report is laid before the Scottish Parliament under subsection (1)(a). 8 In calculating the period of 28 days mentioned in subsection (7), no account is to be taken of any period during which the Parliament is dissolved or in recess for more than 4 days. Interpretation of Part 1 12 1 In this Part— “ EU decision ” means— a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or a decision under former Article 34(2)(c) of the Treaty on European Union, “ EU directive ” means a directive within the meaning of Article 288 of the Treaty on the Functioning of the European Union, “ EU entity ” means an EU institution or any office, body or agency of the EU, “ EU reference ” means— any reference to the EU, an EU entity or a member State, any reference to an EU directive or any other EU law, or any other reference which relates to the EU, “ EU regulation ” means a regulation within the meaning of Article 288 of the Treaty on the Functioning of the European Union, “ EU tertiary legislation ” means— any provision made under— an EU regulation, a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or an EU directive, by virtue of Article 290 or 291(2) of the Treaty on the Functioning of the European Union or former Article 202 of the Treaty establishing the European Community, or any measure adopted in accordance with former Article 34(2)(c) of the Treaty on European Union to implement decisions under former Article 34(2)(c), but does not include any such provision or measure which is an EU directive, “member State” (except in the definition of “EU reference”) does not include the United Kingdom, “public authority”— means a public authority within the meaning of section 6 of the Human Rights Act 1998, but does not include the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament, “ Scottish public authority ” means a public authority whose functions are exercisable only in or as regards Scotland. 2 References in section 1(1) to an EU regulation, EU tertiary legislation, an EU decision or an EU directive include references to any provision or part of the EU regulation, EU tertiary legislation, the EU decision or the EU directive. 3 References in subsection (1) to former Article 34(2)(c) of the Treaty on European Union are references to that Article as it had effect at any time before the coming into force of the Treaty of Lisbon Amending the Treaty on European Union and the Treaty establishing the European Community signed at Lisbon on 13 December 2007. 4 Any other reference in subsection (1) to an Article of the Treaty on European Union or the Treaty on the Functioning of the European Union includes a reference to that Article as applied by Article 106a of the Euratom Treaty. PART 2 ENVIRONMENT CHAPTER 1 ENVIRONMENTAL PRINCIPLES The guiding principles on the environment 13 1 In this Chapter, references to the guiding principles on the environment are references to the following principles— a the principle that protecting the environment should be integrated into the making of policies, b the precautionary principle as it relates to the environment, c the principle that preventative action should be taken to avert environmental damage, d the principle that environmental damage should as a priority be rectified at source, e the principle that the polluter should pay. 2 Those principles are derived from the equivalent principles provided for in Article 11 of Title II and Article 191(2) of Title XX of the Treaty on the Functioning of the European Union. 3 Accordingly, in preparing guidance under section 17 relating to the interpretation and application of the principles, the Scottish Ministers must have regard to the interpretation of those equivalent principles by the European Court from time to time. 4 The Scottish Ministers may by regulations— a modify this section so as to— i add or remove guiding principles on the environment, ii amend any of the guiding principles for the time being specified in this section, b further define any of the guiding principles for the time being specified in this section. 5 Regulations under subsection (4) may remove, amend or further define a guiding principle on the environment that is derived from the equivalent principles mentioned in subsection (2) only so far as necessary— a to reflect the removal of or an amendment to the equivalent principle in accordance with EU law, or b otherwise to ensure that the guiding principle reflects the equivalent principle as it has effect in EU law from time to time. 6 Regulations under subsection (4) are subject to the affirmative procedure. 7 Before laying a draft of regulations under subsection (4) before the Scottish Parliament for approval, the Scottish Ministers must consult— a a Minister of the Crown, b each responsible authority that is subject to the duty in section 15, c such persons appearing to them to be representative of the interests of local government, industry, agriculture, fisheries or small businesses as they consider appropriate, and d such other persons as they consider appropriate. 8 In this Chapter— “ making policies ” includes developing, adopting or revising policies, “ Minister of the Crown ” has the same meaning as in the Ministers of the Crown Act 1975. Ministers' duties to have due regard to the guiding principles 14 1 The Scottish Ministers must, in making policies (including proposals for legislation), have due regard to the guiding principles on the environment. 2 Ministers of the Crown must, in making policies (including proposals for legislation) so far as extending to Scotland, have due regard to the guiding principles on the environment. 3 The duties in subsections (1) and (2) do not apply in relation to any policy or proposal so far as relating to— a national defence or civil emergency, b finance or budgets. 4 In this section, “ legislation ” includes— a an Act of Parliament, b an Act of the Scottish Parliament, c subordinate legislation. Other authorities' duty to have due regard to the guiding principles 15 1 A responsible authority must, in doing anything in respect of which the duty under section 1 of the Environmental Assessment (Scotland) Act 2005 (“ the 2005 Act ”) applies (requirement for environmental assessment), have due regard to the guiding principles on the environment. 2 In subsection (1), “ responsible authority ” is to be construed in accordance with section 2 of the 2005 Act but does not include the Scottish Ministers or a Minister of the Crown. Purpose of the duties under sections 14 and 15 16 1 Those to whom the duties in sections 14 and 15 apply are to comply with the duties with a view to— a protecting and improving the environment, and b contributing to sustainable development. 2 In subsection (1), “the environment”— a means all, or any, of the air, water and land (including the earth's crust), and “ air ” includes the air within buildings and the air within other natural or man-made structures above or below ground, and b includes wild animal and plant life and the habitats of wild animal and plant life. 3 In subsection (2)(b), “ animal and plant life ” includes any living organisms. Guidance 17 1 The Scottish Ministers must publish guidance on— a the guiding principles on the environment, and b the duties in sections 14 and 15 as read with section 16. 2 The guidance may, in particular, include provision about— a the interpretation of the principles, b how the principles relate to each other, c how the duties relate to other duties relating to the environment including the duties in the Environmental Assessment (Scotland) Act 2005, d complying with the duties, e how those who are subject to the duties should demonstrate that they have complied and are complying with the duties. 3 A person who is subject to one or other of the duties must, in doing anything in respect of which the duty applies, have regard to the guidance published under this section. 4 The Scottish Ministers must from time to time review guidance published under this section and may revise the guidance and publish the revised guidance. 5 References in subsections (2) to (4) and in section 18 to guidance under this section include references to revised guidance. Procedure for publication of guidance 18 1 Before publishing guidance under section 17, the Scottish Ministers must lay the guidance before the Scottish Parliament. 2 The Scottish Ministers must not publish the guidance before the end of the 40-day period mentioned in subsection (5). 3 Before laying guidance before the Scottish Parliament under subsection (1), the Scottish Ministers must consult the following persons about the guidance— a a Minister of the Crown, b each responsible authority who is subject to the duty under section 15, and c such other persons as they consider appropriate. 4 When laying guidance before the Scottish Parliament under subsection (1), the Scottish Ministers must at the same time lay before the Parliament a statement setting out— a details of the consultation about the guidance that was carried out under subsection (3), b a summary of any views expressed in response to the consultation, and c either— i details of how those views (if any) have been taken into account in preparing the guidance that is laid before the Parliament, or ii a statement that no views were expressed in response to the consultation or that no account has been taken of views expressed. 5 If, within 40 days of guidance having been laid before the Scottish Parliament under subsection (1), the Parliament resolves that the guidance should not be published, the Scottish Ministers must not publish the guidance. 6 In calculating the period of 40 days, no account is to be taken of any period during which the Parliament is dissolved or in recess for more than 4 days. CHAPTER 2 ENVIRONMENTAL GOVERNANCE Establishment of Environmental Standards Scotland Environmental Standards Scotland 19 1 Environmental Standards Scotland (in Gaelic, Ìrean Àrainneachdail na h-Alba) is established. 2 It is a body corporate. 3 Schedule 1 makes further provision about Environmental Standards Scotland. Functions of Environmental Standards Scotland Functions 20 1 Environmental Standards Scotland's functions are— a to monitor as it considers appropriate— i public authorities' compliance with environmental law, ii the effectiveness of environmental law and of how it is implemented and applied, b to investigate (either on its own initiative or in response to any representations made to it by another person) any matter concerning— i whether a public authority is failing (or has failed) to comply with environmental law, ii the effectiveness of environmental law or of how it is (or has been) implemented or applied, c to take the steps it considers appropriate to secure— i a public authority's compliance with environmental law, ii improvement in the effectiveness of environmental law or in how it is implemented or applied, and d the additional functions conferred on it by this or any other enactment. 2 In exercising its functions, Environmental Standards Scotland may, in particular— a carry out, commission or support any research it considers appropriate, b seek any independent and expert advice it considers appropriate, c make recommendations in relation to any matter relevant to its functions, d consider, assess and review data on the quality of the environment in Scotland, e keep under review implementation of any international obligation of the United Kingdom relating to environmental protection, f have regard to developments in, and information on the effectiveness of, international environmental protection legislation, g collaborate with any other environmental governance body in the United Kingdom, including the Office for Environmental Protection, or such other persons as Environmental Standards Scotland considers appropriate, h request information from public authorities about the exercise of their functions under environmental law. 3 In exercising its functions, Environmental Standards Scotland must act objectively, impartially, proportionately and transparently. Power to modify functions 21 1 The Scottish Ministers may by regulations modify Environmental Standards Scotland's functions for the purpose of implementing an international obligation that arises or may arise under an agreement or arrangement between the United Kingdom and the EU following the withdrawal of the United Kingdom from the EU. 2 Regulations under subsection (1) may modify this Act. 3 Regulations under subsection (1) are subject to the affirmative procedure. 4 Before laying a draft of regulations under subsection (1) before the Scottish Parliament for approval, the Scottish Ministers must consult— a Environmental Standards Scotland, and b such other persons as the Scottish Ministers consider appropriate. 5 In subsection (1), “ modify ” includes confer or remove a function. Duty to prepare and publish strategy on exercise of functions 22 1 Environmental Standards Scotland must— a prepare and publish a strategy that sets out how it intends to exercise its functions, and b exercise its functions in accordance with the strategy. 2 Schedule 2 makes further provision about the strategy. Co-operation duties of public authorities and Environmental Standards Scotland 23 1 A public authority must co-operate with Environmental Standards Scotland, and give it such reasonable assistance as it requests (including the provision of information), in connection with the exercise of its functions. 2 In addition, a public authority must make all reasonable efforts to— a swiftly resolve any matter which Environmental Standards Scotland raises concerning the authority's failure to comply with environmental law, to make effective environmental law or to implement or apply it effectively, and b reach agreement with Environmental Standards Scotland on any remedial action the authority should take for the purpose of environmental protection. 3 If Environmental Standards Scotland considers that a particular exercise of its functions may be relevant to the exercise of an environmental governance function by the Office for Environmental Protection, or any other environmental governance body in the United Kingdom, Environmental Standards Scotland must consult that body. Information notices Power to require information 24 1 Environmental Standards Scotland may, by issuing a notice in writing (an “information notice”), require a public authority to provide information which Environmental Standards Scotland reasonably requires for the purpose of exercising any of its functions. 2 An information notice must specify— a the information, or the nature of the information, which is to be provided, b the purposes for which, and the particular matters in connection with which, it is required, c the form in which it is to be provided, d the means by which it is to be provided, and e the date on or by which, or the period within which, it must be provided. 3 Environmental Standards Scotland may withdraw an information notice by giving notice in writing to that effect to the public authority to whom the information notice was issued. 4 In this section, “ information ” includes— a any document or a copy of, or extract from, any document, b documents of any type or copies of, or extracts from, such documents, c any explanation or other information (including unrecorded information). Failure to comply with an information notice 25 1 Where a public authority fails, without reasonable excuse, to comply with an information notice issued to it under section 24(1), Environmental Standards Scotland may report the matter to the Court of Session. 2 After receiving a report under subsection (1), and hearing any evidence or representations on the matter, the Court may (either or both)— a make such order for enforcement as it considers appropriate, b deal with the matter as if it were a contempt of the Court. Improvement reports and improvement plans Improvement report 26 1 Environmental Standards Scotland may prepare an improvement report if it considers that, in exercising its functions (including regulatory functions), a public authority has failed to— a comply with environmental law, b make effective environmental law, or c implement or apply environmental law effectively. 2 Environmental Standards Scotland may also prepare an improvement report if it considers that the combined effect of two or more public authorities exercising their functions (including regulatory functions) in the same or a similar way constitutes a systemic failure by those authorities to— a comply with environmental law, b make effective environmental law, or c implement or apply environmental law effectively. 3 Before preparing an improvement report in respect of any failure arising out of a public authority exercising its regulatory functions, Environmental Standards Scotland must be satisfied that the failure could not be addressed more effectively by issuing a compliance notice under section 31(1) instead. 4 An improvement report is a report setting out the details of the alleged failure and recommending measures that the Scottish Ministers, or any other public authority, should take in order to— a comply with environmental law, or b improve the effectiveness of environmental law or of how it is implemented or applied. Restrictions on preparing an improvement report 27 Environmental Standards Scotland may not prepare an improvement report in respect of— a a failure to comply with environmental law arising out of any decision taken by a public authority in the exercise of its regulatory functions in relation to a particular person or case (for example, a decision on an application for a licence or a decision on regulatory enforcement in a specific case), or b a failure to comply with environmental law arising out of particular conduct if— i it has issued a compliance notice under section 31(1) in respect of the same failure arising out of the same conduct, and ii it has not subsequently withdrawn the compliance notice under section 35(1). Content of an improvement report 28 An improvement report must— a set out the grounds for preparing the report, including details of the alleged conduct and circumstances which have caused Environmental Standards Scotland to conclude that a public authority has failed, or (as the case may be) that two or more public authorities have collectively failed, to— i comply with environmental law, ii make effective environmental law, or iii implement or apply environmental law effectively, b explain Environmental Standards Scotland's reasons for reaching that conclusion (including details of the relevant environmental law and any evidence, research, expert advice or other information which it took into account), c set out the impact of the failure (including any environmental harm, risk of environmental harm or missed opportunity to improve the quality of the environment), and d propose a timescale for the Scottish Ministers, or other public authority, to take the remedial measures recommended in the report. Improvement report: procedural requirements 29 Where Environmental Standards Scotland prepares an improvement report under section 26(1), it must— a send a copy of the report to the Scottish Ministers, b lay a copy of the report before the Scottish Parliament, and c publish a copy of the report. Improvement plan 30 1 Where Environmental Standards Scotland lays a copy of an improvement report before the Scottish Parliament under section 29, the Scottish Ministers must respond to the report by preparing an improvement plan. 2 An improvement plan must set out— a what the Scottish Ministers propose to do in response to the recommendations in the improvement report, including in particular— i the measures that the Scottish Ministers propose to take to implement the recommendations (in full or in part), ii the proposed timescale for implementing the recommendations, iii the arrangements for reviewing, and reporting on, progress in implementing the recommendations, and b if the Scottish Ministers do not intend to implement the recommendations in the improvement report (in full or in part), the reasons for that. 3 The Scottish Ministers must lay a copy of the improvement plan before the Scottish Parliament either— a before the end of the period of 6 months beginning with the date on which the improvement report was laid before the Parliament, or b before the end of the period of 9 months beginning with that date, if the Scottish Ministers consider that it is necessary to consult other persons (or the public more generally) about the plan. 4 When laying a copy of the improvement plan before the Scottish Parliament in accordance with subsection (3)(b), the Scottish Ministers must at the same time lay before the Parliament a statement setting out— a details of the consultation about the plan that was carried out under that subsection, b a summary of any views expressed in response to the consultation, and c either— i details of how those views (if any) have been taken into account in preparing the plan that is laid before the Parliament, or ii a statement that no views were expressed in response to the consultation or that no account has been taken of views expressed. 5 If, within 40 days of a copy of the improvement plan having been laid before the Scottish Parliament under subsection (3), the Parliament resolves that the plan should not be approved, the Scottish Ministers must— a review and revise the plan, having regard to any views expressed by the Parliament in relation to the plan, and b lay a copy of a revised improvement plan before the Parliament before the end of the period of 3 months beginning with the date on which the Parliament resolved not to approve the plan. 6 Subsection (5) applies in relation to any revised improvement plan as it applies in relation to the first improvement plan. 7 Once the Scottish Parliament resolves that the improvement plan laid under subsection (3), or any revised improvement plan laid under subsection (5)(b), should be approved, the Scottish Ministers must publish the plan. 8 In calculating the period of 40 days mentioned in subsection (5), no account is to be taken of any period during which the Parliament is dissolved or in recess for more than 4 days. Compliance notices Compliance notice 31 1 Environmental Standards Scotland may issue a compliance notice to a public authority if Environmental Standards Scotland considers that— a in exercising its regulatory functions, the public authority— i is failing to comply with environmental law, or ii has failed to comply with environmental law in circumstances that make it likely that the failure will continue or be repeated, and b its failure to comply with environmental law is causing, or has caused, environmental harm or a risk of environmental harm. 2 A compliance notice is a notice requiring the public authority to whom it is issued to take the steps set out in the notice in order to address its failure to comply with environmental law. Restrictions on issuing a compliance notice 32 1 Environmental Standards Scotland may not issue a compliance notice in respect of— a a failure to comply with environmental law arising out of any decision taken by a public authority in the exercise of its regulatory functions in relation to a particular person or case (for example, a decision on an application for a licence or a decision on regulatory enforcement in a specific case), or b a failure to comply with environmental law arising out of particular conduct if it has prepared an improvement report under section 26(1) or (2) in respect of the same failure arising out of the same conduct. 2 A compliance notice issued in contravention of subsection (1) is of no effect. Content of a compliance notice 33 1 A compliance notice must include the following information— a a statement of the grounds for issuing the notice, including a statement of— i the regulatory function of the public authority to which the alleged failure to comply with environmental law relates, ii the provision of environmental law to which the alleged failure relates, iii the alleged conduct which has caused Environmental Standards Scotland to conclude that the public authority is failing to comply with environmental law or has failed to comply with environmental law and the failure will likely continue or be repeated, iv Environmental Standards Scotland's reasons for reaching that conclusion, and v the environmental harm or risk of environmental harm being caused, or having been caused, by the alleged failure, b details of the steps that Environmental Standards Scotland requires the public authority to take in order to address its failure to comply with environmental law (which may include steps designed to remedy or mitigate, or prevent any continuance or repeat of, the failure), c the date of issue of the notice, d the period within which the required steps are to be taken, e information about the person to whom, and as to how and by when, any representations about the notice may be made, f information about the right to appeal, including the period within which an appeal may be made, and g an explanation of the consequences of failure to comply with the requirements of the notice. 2 The reference in subsection (1)(d) to the period within which the required steps are to be taken is a reference to such period of not less than 28 days, beginning with the date on which the notice was issued, as Environmental Standards Scotland determines. Variation of a compliance notice 34 1 Environmental Standards Scotland may vary a compliance notice so as to extend the period mentioned in section 33(1)(d) (“the compliance period”). 2 A compliance notice may be varied under subsection (1)— a at any time before expiry of the compliance period, b by giving notice in writing to that effect to the public authority to whom the compliance notice was issued. 3 The variation of a compliance notice under subsection (1) does not affect the date of its issue for the purpose of section 36(2)(a). Withdrawal of a compliance notice 35 1 Environmental Standards Scotland may withdraw a compliance notice. 2 A compliance notice may be withdrawn under subsection (1)— a at any time before completion of the steps that are to be taken to comply with the requirements of the notice, b by giving notice in writing to that effect to the public authority to whom the compliance notice was issued. 3 Where a compliance notice is withdrawn under subsection (1), it is to be treated as if it had never been issued. Appeal against a compliance notice 36 1 A public authority to whom a compliance notice has been issued may appeal to a sheriff against Environmental Standards Scotland's decision to issue the notice on the ground that— a it has not conducted itself in the manner alleged in the notice, b the alleged conduct specified in the notice does not constitute— i a failure to comply with environmental law, or ii a failure to comply with environmental law in circumstances that make it likely that the failure will continue or be repeated, or c the alleged failure to comply with environmental law specified in the notice is not causing, or has not caused, environmental harm or a risk of environmental harm. 2 An appeal under this section— a must be made before the expiry of the period of 21 days beginning with the date of issue of the notice (“the 21-day period”), but b may be made later with the sheriff's permission. 3 The sheriff may give permission under subsection (2)(b) for an appeal to be made after the expiry of the 21-day period only if the sheriff is satisfied that the public authority has a good reason for not making the appeal before the expiry of that period. 4 In determining an appeal under this section, the sheriff may— a cancel the compliance notice, or b confirm the notice, either with or without modifications. 5 Where an appeal is made under this section, the period mentioned in section 33(1)(d) is suspended until the appeal is finally determined or is withdrawn. Failure to comply with a compliance notice 37 1 Where a public authority fails, without reasonable excuse, to comply with a compliance notice issued to it under section 31(1), Environmental Standards Scotland may report the matter to the Court of Session. 2 After receiving a report under subsection (1), and hearing any evidence or representations on the matter, the Court may (either or both)— a make such order for enforcement as it considers appropriate, b deal with the matter as if it were a contempt of the Court. Judicial review and other civil proceedings Power to apply for judicial review or intervene in civil proceedings 38 1 Environmental Standards Scotland may make an application for judicial review in relation to a public authority's conduct (whether or not it has issued a compliance notice or prepared an improvement report in respect of that conduct) if Environmental Standards Scotland considers that— a the conduct constitutes a serious failure to comply with environmental law, and b it is necessary to make the application to prevent, or mitigate, serious environmental harm. 2 Subsection (3) applies where legal proceedings relate to an alleged failure by a public authority to comply with environmental law (however the allegation is framed in those proceedings). 3 Environmental Standards Scotland may, either with the court's permission or at the court's invitation, intervene in the proceedings for the purpose of making a submission to the court on an issue arising in the proceedings. 4 Environmental Standards Scotland may apply under subsection (3) to intervene in proceedings only if it considers that— a the allegation relates to a serious failure by a public authority to comply with environmental law, and b it is necessary to intervene to prevent, or mitigate, serious environmental harm. 5 The court may grant permission to, or invite, Environmental Standards Scotland to intervene under subsection (3) only if it is satisfied that Environmental Standards Scotland's intervention is likely to assist the court. 6 For the purpose of subsection (1) or (3), Environmental Standards Scotland is to be treated as having sufficient interest in the subject matter of any application which it may make or of any legal proceedings in which it may intervene. 7 In this section— “ court ” means the Court of Session, the sheriff, the Sheriff Appeal Court or the Scottish Land Court, “ legal proceedings ” means civil proceedings before a court, including appeal proceedings and proceedings on an application for judicial review. Disclosure of information Disclosure of information to Environmental Standards Scotland 39 1 No enactment or rule of law prohibiting or restricting the disclosure of information prevents a public authority from providing Environmental Standards Scotland with information necessary for the exercise of Environmental Standards Scotland's functions in accordance with— a the authority's duty to co-operate under section 23(1), or b an information notice issued under section 24(1). 2 But nothing in this Chapter requires a public authority to provide Environmental Standards Scotland with information that the authority— a would be entitled to refuse to provide in civil proceedings on grounds of confidentiality of communications, or b would be entitled, or required by any rule of law, to refuse to provide in civil proceedings on grounds of public interest immunity. 3 Nothing in this Chapter requires or authorises a disclosure of information which, although made in accordance with a duty or a power provided for in this Chapter, would contravene the data protection legislation. 4 In subsection (3), “ the data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act). Confidentiality of proceedings 40 1 Environmental Standards Scotland must not disclose— a information obtained under section 23(1) or 24(1), or b correspondence between Environmental Standards Scotland and a public authority that— i relates to a particular information notice or compliance notice, or to the preparation of a particular improvement report, ii is, or contains, such a notice or an unpublished draft of such a report. 2 Subsection (1) does not apply to— a a disclosure (other than a disclosure of an information notice, a compliance notice or an unpublished draft of an improvement report) made with the consent of the public authority who provided the information or correspondence, b a disclosure made for purposes connected with the exercise of Environmental Standards Scotland's functions, c a disclosure made to the Office for Environmental Protection, or any other environmental governance body, for purposes connected with the exercise of an environmental governance function, d a disclosure of information, or correspondence, that relates only to a matter in relation to which Environmental Standards Scotland does not intend to take any further action under this Chapter, e a disclosure made for the purposes of civil proceedings, f a disclosure made for the purposes of the investigation or prosecution of any offence or suspected offence or for the purposes of the prevention or detection of crime, g a disclosure made in pursuance of an order of a court or tribunal, h a disclosure made in accordance with any other enactment requiring or permitting the disclosure. Duty to consult on effectiveness of governance arrangements Duty to consult on effectiveness of governance arrangements 41 1 The Scottish Ministers must— a prepare a report on the matters mentioned in subsection (2), and b after preparing the report, consult the persons mentioned in subsection (3). 2 The matters referred to in subsection (1)(a) are— a whether the provisions of this Chapter have ensured that there continues to be effective and appropriate governance relating to the environment following the withdrawal of the United Kingdom from the EU, b whether the law in Scotland on access to justice on environmental matters is effective and sufficient, and c whether and, if so, how the establishment of an environmental court could enhance the governance arrangements referred to in paragraph (a). 3 The persons referred to in subsection (1)(b) are— a Environmental Standards Scotland, b such persons as appear to the Scottish Ministers to be representative of the interests of persons likely to be affected by the governance arrangements referred to in subsection (2)(a), and c such other persons as the Scottish Ministers consider appropriate. 4 The consultation under subsection (1)(b) must begin before the end of the period of 6 months beginning with the date on which Environmental Standards Scotland publishes the strategy under section 22(1). 5 The Scottish Ministers must, as soon as reasonably practicable after the consultation under subsection (1)(b) begins, lay before the Scottish Parliament a copy of the consultation document. 6 Following the consultation under subsection (1)(b), the Scottish Ministers must lay before the Scottish Parliament a statement setting out— a details of the consultation that was carried out under subsection (1)(b), b a summary of any views expressed in response to the consultation, and c the Scottish Ministers' recommendations in response to those views. Interpretation of Chapter 2 Meaning of “public authority” 42 In this Chapter, “ public authority ” means a person exercising any function of a public nature that is not— a a function of any of the following persons— i Environmental Standards Scotland, ii a court or tribunal, iii the Scottish Parliament, iv the Parliament of the United Kingdom, v a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975), vi a body to which paragraph 3 (reserved bodies) of Part III of schedule 5 of the Scotland Act 1998 applies, or b a function in connection with proceedings in the Scottish Parliament or the Parliament of the United Kingdom. Meaning of “failing to comply with environmental law” 43 For the purposes of this Chapter, any reference (however expressed) to a public authority failing (or having failed) to comply with environmental law is a reference to any of the following conduct by the authority— a the authority failing (or having failed) to take proper account of environmental law when exercising its functions, b the authority exercising (or having exercised) its functions in a way that is contrary to, or incompatible with, environmental law, c the authority failing (or having failed) to exercise its functions where the failure is contrary to, or incompatible with, environmental law, and references to “compliance with environmental law” are to be construed accordingly. Meaning of “environmental law” and “effectiveness of environmental law” 44 1 In this Chapter, “ environmental law ” means any legislative provision to the extent that it— a is mainly concerned with environmental protection, and b is not concerned with an excluded matter. 2 Excluded matters are— a disclosure of, or access to, information, b national defence or civil emergency, c finance or budgets. 3 In subsection (1), “ legislative provision ” means— a provision contained in, or in an instrument made under, an Act of the Scottish Parliament, and b provision contained in any other enactment which, if contained in an Act of the Scottish Parliament, would be within the legislative competence of the Parliament. 4 The Scottish Ministers may by regulations provide that a legislative provision specified in the regulations is, or is not, within the definition of “environmental law” in subsection (1) (and this Chapter applies accordingly). 5 Regulations under subsection (4) are subject to the affirmative procedure. 6 Before laying a draft of regulations under subsection (4) before the Scottish Parliament for approval, the Scottish Ministers must consult— a Environmental Standards Scotland, and b such other persons as the Scottish Ministers consider appropriate. 7 In this Chapter, references to the effectiveness of environmental law are references to the effectiveness of environmental law, or any particular aspect of it— a in achieving its intended effect by reference to its contribution to— i environmental protection, and ii improving the health and wellbeing of Scotland's people, and achieving sustainable economic growth, so far as consistent with environmental protection, and b in contributing to the implementation of any international obligation of the United Kingdom relating to environmental protection, and references to “effective environmental law” are to be construed accordingly. Meaning of “environmental protection”, “environmental harm” and “the environment” 45 1 In this Chapter, “ environmental protection ” means— a protecting, maintaining, restoring or improving the quality of the environment, b preventing, mitigating, minimising or remedying environmental harm caused by human activities, c monitoring, considering, assessing, recording, reporting on or managing data on anything relating to paragraphs (a) and (b). 2 In this Chapter, “ environmental harm ” means— a harm to the health of human beings, animals, plants or any other living organisms, b harm to the quality of the environment, including— i harm to the quality of the environment taken as a whole, ii harm to the quality of air, water or land, and iii other impairment of, or interference with, biodiversity or 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 environment. 3 In this Chapter, “the environment”— a means all, or any, of the air, water and land (including the earth's crust), and “ air ” includes the air within buildings and the air within other natural or man-made structures above or below ground, and b includes wild animal and plant life and the habitats of wild animal and plant life. 4 In subsection (1), “human activities”— a means human activities of any kind (whether industrial, commercial or otherwise), and any connected activities, that are capable of causing, or liable to cause, environmental harm, and b includes (with or without other activities) the production, treatment, keeping, depositing or disposal of any substance. 5 In subsection (3)(b), “ animal and plant life ” includes any living organisms. Interpretation of Chapter 2: general 46 1 In this Chapter— “ application for judicial review ” means an application to the supervisory jurisdiction of the Court of Session, “ compliance notice ” means a notice issued under section 31(1), “ the environment ” has the meaning given by section 45(3), “ environmental governance body ” means a person on whom an environmental governance function has been conferred, “ environmental governance function ” means a function that is similar to a function conferred on Environmental Standards Scotland, “ environmental harm ” has the meaning given by section 45(2), “ environmental law ”, “ effectiveness of environmental law ” and “ effective environmental law ” have the meanings given by section 44, “ environmental protection ” has the meaning given by section 45(1), “ improvement report ” means a report prepared under section 26(1) or (2), “ information notice ” means a notice issued under section 24(1), “ international environmental protection legislation ” means legislation of countries and territories outwith Scotland (including legislation of other parts of the United Kingdom), and of international organisations (including the EU), that is mainly concerned with environmental protection, “ international obligation of the United Kingdom ” includes any obligation that arises or may arise under an international agreement or arrangement to which the United Kingdom is a party, “ Office for Environmental Protection ” has the meaning given by section 21 of the Environment Act 2021, “ public authority ” has the meaning given by section 42, “ regulatory functions ” means— functions conferred by or under any enactment of— imposing requirements, restrictions or conditions in relation to an activity, setting standards and outcomes in relation to an activity, or giving guidance in relation to an activity, or 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, “ strategy ” means a strategy prepared under section 22(1). 2 In this Chapter, references (however expressed) to— a a public authority failing to comply with environmental law are to be construed in accordance with section 43, b a public authority failing to make effective environmental law are references to the authority— i failing to exercise any function it has of making, confirming or approving subordinate legislation, or ii failing to exercise that function in such a way, so as to secure the effectiveness of environmental law. CHAPTER 3 ENVIRONMENTAL POLICY STRATEGY Environmental policy strategy 47 1 The Scottish Ministers must prepare and publish an environmental policy strategy. 2 The strategy must set out— a objectives for protecting and improving the environment, b policies and proposals for achieving the objectives (or a summary or indication of such polices and proposals), and c arrangements for monitoring progress towards achieving the objectives. 3 In preparing the strategy the Scottish Ministers must have regard to the desirability of securing that environmental policy— a aims at a high level of environmental protection, b contributes to sustainable development, c contributes to improving the health and wellbeing of Scotland's people, d contributes to objectives in policy areas other than environmental policy, e integrates environmental policy objectives into the development of policies in other areas, f responds to global crises in relation to climate change and biodiversity. 4 The strategy may consist of one or more documents (and the reference in subsection (3) to the strategy includes any document forming part of it). 5 The Scottish Ministers may designate one or more documents as forming the strategy or part of the strategy, whether the document or documents was or were prepared before or after this section comes into force (and whether before or after the Bill for this Act was passed). 6 In preparing the strategy or any document forming part of it, and before designating any document as forming the strategy or part of the strategy, the Scottish Ministers must consult— a such persons as they consider would be likely to be affected by the proposals in the strategy or document, b such persons as they consider have appropriate expertise or experience in relation to the matters covered by the strategy or document, c such other persons (if any) as they consider appropriate. 7 For the purpose of subsection (6), it is immaterial that anything done by way of consultation was done before this section comes into force (whether before or after the Bill for this Act was passed). 8 Before publishing the strategy or any document forming part of it, the Scottish Ministers must lay before the Scottish Parliament— a a copy of the strategy or document, and b a statement setting out— i details of the consultation about the strategy or document that was carried out under subsection (6), ii a summary of any views expressed in response to the consultation, and iii either details of how those views (if any) have been taken into account in preparing the strategy or document or a statement that no views were expressed in response to the consultation or that no account has been taken of views expressed. 9 The Scottish Ministers— a must from time to time review the strategy, and b may revise the strategy or any document forming part of it. 10 Subsections (3) and (6) to (8) apply to the preparation and publication of a revised strategy or any document forming part of it as they apply to the preparation and publication of the first strategy or any document forming part of it. 11 The Scottish Ministers must, in making policies (including proposals for legislation), have due regard to the strategy. 12 The Scottish Ministers must, before the end of each reporting period, lay before the Scottish Parliament a report containing an explanation of progress towards preparation of the strategy. 13 The reporting periods are— a the period of one year beginning with the day on which this section comes into force, b each subsequent period of one year while the duty under subsection (12) has effect. 14 The duty under subsection (12) ceases to have effect when a copy of the strategy or any document forming part of it is laid before the Scottish Parliament under subsection (8) provided that consultation in accordance with subsection (6) was carried out in relation to the strategy or document after this section comes into force. 15 In this section— “the environment” and “environmental protection” have the meanings given by section 45, “ making policies ” includes developing, adopting and revising policies. PART 3 GENERAL Purpose and effect of this Act 48 1 The purpose of this Act is to make provision in connection with the withdrawal of the United Kingdom from the EU in consequence of the notification given under section 1 of the European Union (Notification of Withdrawal) Act 2017 (“UK withdrawal”). 2 In so far as any provision of this Act, or any provision made under it, would, if it were in effect before the relevant time, be incompatible with EU law, the provision is to have no effect until the relevant time. 3 In subsection (2), “ the relevant time ”, in relation to any provision of this Act or any provision made under it, means the time at which the provision of EU law with which it would be incompatible ceases to have effect in Scots law as a consequence of UK withdrawal. 4 For the purposes of this section, “ EU law ” has the same meaning as in the Scotland Act 1998 (see section 126(9) of that Act). Regulations: supplementary 49 1 Any power conferred by this Act on the Scottish Ministers to make regulations includes the power to make— a different provision for different purposes, and b incidental, supplementary, consequential, transitional, transitory or saving provision. 2 This section does not apply to regulations under section 51. Ancillary provision 50 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider necessary for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 2 Regulations under this section may modify any enactment (including this Act). 3 Regulations under this section— a are subject to the affirmative procedure if they contain provision that adds to, replaces or omits any part of the text of an Act, b otherwise are subject to the negative procedure. Commencement 51 1 This Part comes into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may— a include transitional, transitory or saving provision, b make different provision for different purposes. Repeal of Part 1 of this Act 52 1 The Scottish Ministers may by regulations repeal Part 1 of this Act. 2 Regulations under subsection (1) are subject to the affirmative procedure. Short title 53 The short title of this Act is the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021. SCHEDULE 1 ENVIRONMENTAL STANDARDS SCOTLAND (introduced by section 19(3)) Independence from Ministers 1 1 In performing its functions, Environmental Standards Scotland is not subject to the direction or control of any member of the Scottish Government. 2 Sub-paragraph (1) is subject to any contrary provision in this or any other enactment. Appointment of members 2 1 Environmental Standards Scotland is to consist of— a a member appointed by the Scottish Ministers to chair Environmental Standards Scotland, and b at least 4 but no more than 6 other members appointed by the Scottish Ministers. 2 The Scottish Ministers may appoint a person as a member only if the Scottish Parliament has approved the appointment. 3 In appointing members, the Scottish Ministers must have regard, among other things, to the desirability of ensuring that the membership (taken as a whole) has expertise or experience in— a law (including international law) relating to the natural environment, b environmental science, c environmental policy, and d investigatory and enforcement proceedings. 4 A member is appointed for such period not exceeding 4 years as the Scottish Ministers determine. 5 The Scottish Ministers may reappoint a person as a member if— a the person— i is a member at the time of reappointment, or ii ceased to be a member not more than 3 months before the date of reappointment, and b the person has not previously been reappointed. 6 Sub-paragraphs (2) and (4) apply to the reappointment of a person as a member as they apply to the appointment of a person as a member. 7 The Scottish Ministers may determine other terms and conditions of membership in relation to matters not covered by this Act. 8 The Scottish Ministers may by regulations amend sub-paragraph (1)(b) by substituting a different number for a number for the time being mentioned there. 9 Regulations under sub-paragraph (8) are subject to the negative procedure. Persons who may not be members 3 1 The Scottish Ministers may not appoint a person as a member if sub-paragraph (2) or (3) applies to the person. 2 This sub-paragraph applies to a person who is— a a member of— i the Scottish Parliament, ii the House of Commons, iii the House of Lords, iv Senedd Cymru, or v the Northern Ireland Assembly, b a member of the Scottish Government, c a Minister of the Crown, d an office-holder in the Scottish Administration, e an office-holder of the Crown in right of Her Majesty's Government in the United Kingdom, f a councillor of a local authority, g the holder of any other relevant elective office as defined by paragraph 1(8) of schedule 7 of the Political Parties, Elections and Referendums Act 2000, h a civil servant, i an employee of a local authority. 3 This sub-paragraph applies to a person who is or has been— a insolvent, b disqualified as a company director under the Company Directors Disqualification Act 1986, c disqualified as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005, d disqualified under a disqualification provision analogous to either of those mentioned in paragraphs (b) and (c) anywhere in the world. 4 For the purpose of sub-paragraph (3)(a), a person is or has been insolvent if— a the person's estate is or has been sequestrated, b the person has granted a trust deed for creditors or has made a composition or arrangement with creditors, c the person is or has been the subject of any other kind of arrangement analogous to either of those mentioned in paragraphs (a) and (b) anywhere in the world. Members' remuneration and expenses 4 1 Environmental Standards Scotland may pay— a its members, and b the members of any committee established by it, such remuneration as it may, with the approval of the Scottish Ministers, determine. 2 Environmental Standards Scotland may pay— a its members, and b the members of any committee established by it, such sums as it may, with the approval of the Scottish Ministers, determine in respect of expenses incurred by them in performing their functions. Early termination of membership 5 1 A person's membership of Environmental Standards Scotland ends if— a the person gives notice in writing to the Scottish Ministers and the Presiding Officer of the Scottish Parliament that the person resigns, b the person becomes disqualified from being a member, c the Scottish Ministers give the person notice in writing that the person is removed from being a member. 2 The Scottish Ministers may remove a member under sub-paragraph (1)(c) only if— a the member has been absent, without permission or reasonable excuse, from meetings of Environmental Standards Scotland for a period of longer than 3 consecutive months, b the member has been convicted of a criminal offence, or c the Scottish Ministers consider that the member is— i unable to perform the member's functions, or ii unsuitable to continue as a member. 3 Where they propose to give a person, other than the person who is the member appointed to chair Environmental Standards Scotland, notice under sub-paragraph (1)(c) that the person is to be removed from being a member, the Scottish Ministers must consult the member appointed to chair Environmental Standards Scotland. 4 The Scottish Ministers may remove a member under sub-paragraph (1)(c) only with the approval of the Scottish Parliament. 5 For the purpose of sub-paragraph (1)(b), a person becomes disqualified from being a member if paragraph 3(2) or (3) applies to the person. Chief executive and other staff 6 1 Environmental Standards Scotland is to have, as a member of staff, a chief executive. 2 The chief executive may not be a member of Environmental Standards Scotland. 3 The Scottish Ministers are to appoint the first chief executive with the approval of the Scottish Parliament. 4 Environmental Standards Scotland is to appoint each subsequent chief executive. 5 Environmental Standards Scotland may appoint other staff. 6 The chief executive and other staff are to be appointed on such terms and conditions as Environmental Standards Scotland, with the approval of the Scottish Ministers, determines. Committees 7 1 Environmental Standards Scotland may establish committees. 2 The membership of a committee may include (but may not consist entirely of) persons who are not members of Environmental Standards Scotland but those persons are not entitled to vote at meetings. Authority to perform functions 8 1 Environmental Standards Scotland may authorise— a any of its members, b any committee established by it, c its chief executive, or d any other member of its staff, to perform such of its functions (and to such extent) as it may determine. 2 The giving of authority under sub-paragraph (1) to perform a function does not— a affect Environmental Standards Scotland's responsibility for the performance of the function, or b prevent Environmental Standards Scotland from performing the function itself. Regulation of procedure 9 Environmental Standards Scotland may regulate its own procedure (including quorum) and that of any committee. Validity of things done 10 The validity of anything done by Environmental Standards Scotland or its committees is not affected by— a a vacancy in membership, b a defect in the appointment of a member, c the disqualification of a person from being a member after appointment. General powers 11 Environmental Standards Scotland may do anything which appears to it— a to be necessary or expedient for the purposes of, or in connection with, the performance of its functions, or b to be otherwise conducive to the performance of its functions. Annual report 12 1 Environmental Standards Scotland must, as soon as practicable after the end of each financial year— a prepare and publish a report on its activities during that year, b send a copy of the report to the Scottish Ministers, and c lay a copy of the report before the Scottish Parliament. 2 It is for Environmental Standards Scotland to determine the form and content of each report. Resources 13 1 The Scottish Ministers must seek to ensure that the amount of resources allocated for use by Environmental Standards Scotland is reasonably sufficient to enable it to perform its functions. 2 Each report prepared under paragraph 12 must include an assessment by Environmental Standards Scotland of whether the amount of resources allocated for use by it in the financial year to which the report relates was sufficient to enable it to perform its functions. 3 Sub-paragraph (2) does not affect the generality of paragraph 12(2). Initial members: transitional provision 14 1 This paragraph applies if— a before the commencement date, a body known as Environmental Standards Scotland is established (the “non-statutory Environmental Standards body”) in pursuance of a resolution of the Scottish Parliament— i endorsing the establishment of the body by that name, and ii approving the appointment of persons nominated to be its chairing and other members, and b the body is still in existence immediately before the commencement date. 2 The person who was, immediately before the commencement date, the chairing member of the non-statutory Environmental Standards body is, on that date, taken to have been appointed under paragraph 2(1)(a) as the member to chair Environmental Standards Scotland. 3 Any person who was, immediately before the commencement date, a member (other than the chairing member) of the non-statutory Environmental Standards body is, on that date, taken to have been appointed under paragraph 2(1)(b) as a member of Environmental Standards Scotland. 4 A person to whom sub-paragraph (2) or (3) applies is referred to in this paragraph as an “ initial member ”. 5 An initial member's period of appointment as a member— a is to continue to be the same as that for which the member had been appointed as a member of the non-statutory Environmental Standards body, and b accordingly expires at the time at which the period of appointment as a member of the non-statutory Environmental Standards body would have expired. 6 Except as may be agreed between the Scottish Ministers and an initial member, the other terms of the member's appointment are to continue to be the same as the terms on which the member had been appointed as a member of the non-statutory Environmental Standards body so far as consistent with this Act. 7 In this paragraph, “ commencement date ” means the day on which section 19 comes into force. Application of legislation relating to public bodies 15 1 In schedule 3 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (devolved public bodies), before the entry relating to Food Standards Scotland insert— “ Environmental Standards Scotland ” . 2 In schedule 1 of the Freedom of Information (Scotland) Act 2002 (Scottish public authorities: non ministerial office holders in the Scottish Administration), after paragraph 7A insert— 7AA Environmental Standards Scotland. . 3 In schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (specified authorities), under the heading “Executive bodies”, before the entry relating to Food Standards Scotland insert— “ Environmental Standards Scotland ” . 4 In schedule 8 of the Public Services Reform (Scotland) Act 2010 (information on exercise of public functions: listed public bodies), before the entry relating to Food Standards Scotland insert— “ Environmental Standards Scotland ” . 5 In the schedule of the Public Records (Scotland) Act 2011 (authorities to which Part 1 applies), under the heading “Scottish Administration”, before the entry relating to Food Standards Scotland insert— “ Environmental Standards Scotland ” . 6 In the schedule of the Procurement Reform (Scotland) Act 2014 (contracting authorities: Scottish Administration and Scottish Parliament), after paragraph 13D insert— 13E Environmental Standards Scotland. . 7 In schedule 1 of the Gender Representation on Public Boards (Scotland) Act 2018 (public authorities), before the entry relating to Food Standards Scotland insert— Environmental Standards Scotland . SCHEDULE 2 ENVIRONMENTAL STANDARDS SCOTLAND: STRATEGY (introduced by section 22(2)) Content 1 1 The strategy prepared and published under section 22(1) must set out how Environmental Standards Scotland intends to— a monitor— i public authorities' compliance with environmental law, and ii the effectiveness of environmental law and of how it is implemented and applied, b provide for persons (including members of the public, non-government organisations and other bodies) to make representations to it about any matter concerning— i whether a public authority is failing (or has failed) to comply with environmental law, ii the effectiveness of environmental law or of how it is (or has been) implemented or applied, c handle those representations, including how it will keep persons informed about its handling of their representations, d exercise its functions in a way that respects and avoids any overlap with— i other statutory regimes (including statutory provision for appeals) or administrative complaints procedures, ii the exercise of functions by the Scottish Public Services Ombudsman, the Commissioner for Ethical Standards in Public Life in Scotland, the Scottish Information Commissioner, Audit Scotland or the Committee on Climate Change, iii the exercise of functions by any committee of the Scottish Parliament for the time being appointed by virtue of standing orders, whose responsibilities include considering matters relating to environmental law, e determine whether to carry out an investigation into any matter concerning— i whether a public authority is failing (or has failed) to comply with environmental law, ii the effectiveness of environmental law or of how it is (or has been) implemented or applied, f carry out and prioritise any such investigations, g engage with the public authorities it investigates with a view to — i swiftly resolving (so far as possible without the need to issue a compliance notice or prepare an improvement report) any matter concerning a failure to comply with environmental law, to make effective environmental law or to implement or apply it effectively, and ii reaching agreement on any appropriate remedial action to be taken for the purpose of environmental protection, and h identify and recommend measures to improve the effectiveness of environmental law or of how it is implemented or applied. 2 In addition, the strategy must set out— a the general factors that Environmental Standards Scotland intends to consider before exercising its functions (including its power to require public authorities to provide information), b how Environmental Standards Scotland intends to— i take account of different kinds of information (for example, evidence, research, independent and expert advice and developments in international environmental protection legislation) for the purpose of exercising its functions, ii determine what constitutes a systemic failure for the purpose of section 26(2), iii determine whether a failure to comply with environmental law could be addressed more effectively by issuing a compliance notice (rather than by preparing an improvement report) for the purpose of section 26(3), iv determine whether a failure to comply with environmental law is serious for the purposes of section 38(1)(a) and (4)(a), v determine whether environmental harm is serious for the purposes of section 38(1)(b) and (4)(b), and c any other information that Environmental Standards Scotland considers is appropriate to include. Procedure for publication of strategy 2 1 Before publishing the strategy under section 22(1), Environmental Standards Scotland must lay a copy of the strategy before the Scottish Parliament for approval. 2 Environmental Standards Scotland must not publish the strategy before the end of the 40-day period mentioned in sub-paragraph (5). 3 Before laying a copy of the strategy before the Scottish Parliament under sub-paragraph (1), Environmental Standards Scotland must— a consult the following persons on a draft of the strategy— i each public authority in relation to whom Environmental Standards Scotland has functions under section 20(1), ii any other person whom Environmental Standards Scotland considers is likely to have an interest in the exercise of its functions, and iii the general public, and b send a copy of the strategy that is to be laid before the Parliament to the Scottish Ministers before the end of the period of 6 weeks beginning with the day after the day on which the consultation ends. 4 When laying a copy of the strategy before the Scottish Parliament under sub-paragraph (1), Environmental Standards Scotland must at the same time lay before the Parliament a statement setting out— a details of the consultation on a draft of the strategy that was carried out under sub-paragraph (3)(a), b a summary of any views expressed in response to the consultation, and c either— i details of how those views (if any) have been taken into account in preparing the strategy that is laid before the Parliament, or ii a statement that no views were expressed in response to the consultation or that no account has been taken of views expressed. 5 If, within 40 days of a copy of the strategy having been laid before the Scottish Parliament under sub-paragraph (1), the Parliament resolves that the strategy should not be approved, Environmental Standards Scotland must not publish the strategy but instead— a review and revise the strategy, having regard to any views expressed by the Parliament in relation to the strategy, and b lay a copy of a revised strategy before the Parliament before the end of the period of 3 months beginning with the date on which the Parliament resolved not to approve the strategy. 6 Sub-paragraph (5) applies in relation to any strategy revised under that sub-paragraph as it applies in relation to the first strategy. 7 In calculating the period of 40 days mentioned in sub-paragraph (5), no account is to be taken of any period during which the Parliament is dissolved or in recess for more than 4 days. Publication of first strategy and interim strategy 3 1 Sub-paragraphs (2) and (3) apply to the publication of the first strategy under section 22(1). 2 Environmental Standards Scotland must lay a copy of the strategy before the Scottish Parliament under paragraph 2(1) before the end of the period of 12 months beginning with the day on which section 19 comes into force (being the day on which Environmental Standards Scotland is established). 3 For the purpose of paragraph 2(3)(a), it is immaterial that anything done by way of consultation was done before that paragraph comes into force (whether before or after the Bill for this Act was passed). 4 Before publishing the first strategy under section 22(1), Environmental Standards Scotland may publish an interim strategy that sets out how it intends to exercise its functions during the transitional period. 5 An interim strategy published under sub-paragraph (4) must set out the information specified in paragraph 1. 6 But the procedure for publication set out in paragraph 2 does not apply to the publication of an interim strategy. 7 Environmental Standards Scotland must exercise its functions, during the transitional period, in accordance with any interim strategy it publishes under sub-paragraph (4). 8 In this paragraph, “ transitional period ” means the period beginning with the day on which section 19 comes into force and ending on the day on which the first strategy is published under section 22(1). Review of strategy 4 1 Environmental Standards Scotland— a must, from time to time, review the strategy published under section 22(1), and b may, if it considers it appropriate, revise it. 2 The following provisions apply in relation to any strategy revised under sub-paragraph (1) as they apply in relation to the first strategy published under section 22(1)— a paragraph 1, and b paragraph 2, unless the revision makes only minor modifications to the strategy. S. 1 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 2 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 3 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 4 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 5 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 6 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 7 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 8 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 9 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 10 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 11 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 12 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 13 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 15 in force at 29.3.2021 for specified purposes by S.S.I. 2021/141 , reg. 2 , sch. S. 18 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. S. 47 in force at 29.3.2021 by S.S.I. 2021/141 , reg. 2 , sch. Sch. 1 para. 15 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) S. 19 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 20 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 21 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 22 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 23 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 24 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 25 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 26 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 27 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 28 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 29 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 30 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 31 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 32 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 33 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 34 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 35 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 36 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 37 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 38 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 39 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 40 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 41 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 42 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 43 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 44 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 45 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) S. 46 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(a) Sch. 1 para. 1 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 2 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 3 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 4 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 5 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 6 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 7 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 8 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 9 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 10 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 11 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 12 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 13 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 1 para. 14 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(b) Sch. 2 para. 1 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(c) Sch. 2 para. 2 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(c) Sch. 2 para. 3 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(c) Sch. 2 para. 4 in force at 1.10.2021 by S.S.I. 2021/304 , reg. 2(c) S. 14(2) excluded (10.5.2022) by Environment Act 2021 (c. 30) , ss. 19(5) (6) , 147(3) (with s. 144 ); S.I. 2022/518 , regs. 1(2) , 2(c) S. 17 in force at 15.11.2023 by S.S.I. 2023/310 , reg. 2 S. 15 in force at 16.11.2023 in so far as not already in force by S.S.I. 2023/310 , reg. 3(b) S. 14 in force at 16.11.2023 by S.S.I. 2023/310 , reg. 3(a) S. 16 in force at 16.11.2023 by S.S.I. 2023/310 , reg. 3(c) Word in s. 1(1)(a)(iv) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374) , reg. 1(1) , sch. 1 para. 11(2) Word in s. 9(2)(d) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374) , reg. 1(1) , sch. 1 para. 11(3)
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[uk-legislation-asp][asp] 2024-05-04 Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/3/2023-06-19
http://www.legislation.gov.uk/asp/2021/3/2023-06-19 Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 An Act of the Scottish Parliament to confer on health boards functions relating to the provision of forensic medical services to victims of sexual offences; and for connected purposes. text text/xml en Statute Law Database 2023-08-08 Expert Participation 2023-06-19 Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 2021 asp 3 An Act of the Scottish Parliament to confer on health boards functions relating to the provision of forensic medical services to victims of sexual offences; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 10th December 2020 and received Royal Assent on 20th January 2021 Duty to provide certain forensic medical services Provision of certain forensic medical services 1 1 Every health board must, in respect of its area— a provide the examination service (see section 2), and b provide the retention service (see section 6). 2 A health board's— a examination service is to be available to any person falling within section 2(2), regardless of the person's place of residence, b retention service is to be available in relation to any person to whom the health board provides the examination service. The examination service The examination service 2 1 The examination service consists of providing forensic medical examinations to persons falling within subsection (2) (but see section 3). 2 A person falls within this subsection if— a the person is referred by a constable to the health board for a forensic medical examination in connection with an incident in which— i a sexual offence is alleged to have been committed against the person, or ii the person is alleged to have been the subject of harmful sexual behaviour by a child under the age of criminal responsibility, or b the person is aged 16 or over and requests such an examination in connection with an incident reported to the health board by the person as being of the type mentioned in paragraph (a). 3 A forensic medical examination is a physical medical examination carried out for purposes including the collection of evidence for use in connection with— a any investigation of the incident which gave rise to the need for the examination, or b any proceedings in relation to the incident. 4 The Scottish Ministers may by regulations substitute a different age for the age for the time being specified in subsection (2)(b). 5 The age substituted for the age for the time being specified in subsection (2)(b) in regulations under subsection (4) must be— a no lower than 13, and b no higher than 18. 6 Regulations under subsection (4) may make transitional, transitory or saving provision. 7 Regulations under subsection (4) are subject to the affirmative procedure. 8 Before the end of each reporting period, the Scottish Ministers must lay before the Scottish Parliament a statement explaining— a why they will be laying draft regulations under subsection (4) before the Scottish Parliament, or b why they will not be laying draft regulations under subsection (4) before the Scottish Parliament. 9 Whether or not the statement under (8) indicates that the Scottish Ministers will be laying draft regulations under subsection (4), the statement under subsection (8) must indicate— a what consideration has been given by the Scottish Ministers to the support that would be given to persons under 16 should subsection (2)(b) be amended so that such persons can request a forensic medical examination, b what support is being or will be provided to persons under 16 who fall within subsection (2)(a). 10 For the purpose of this section, the reporting periods are— a the period of one year beginning with the day of Royal Assent, b each subsequent period of one year. 11 In subsection (2)— “sexual offence”— means an offence which involves— an element of physical, sexual contact, or the ejaculation of semen, or the emission of urine or saliva sexually, onto a person, and includes an act done outside Scotland which, if done in Scotland, would constitute such an offence, “ harmful sexual behaviour ” means behaviour (in Scotland or elsewhere) which— causes or risks causing harm (whether physical or not) to another person, and involves— an element of physical, sexual contact, or the ejaculation of semen, or the emission of urine or saliva sexually, onto a person, the reference to the age of criminal responsibility is a reference to the age of criminal responsibility in Scotland (as specified in section 41 of the Criminal Procedure (Scotland) Act 1995). 12 In this section a reference to a constable includes a reference to— a a member of a service police force; b a constable of the Ministry of Defence Police; c a constable of the British Transport Police . Limitation on provision of forensic medical examinations 3 Nothing in this Act requires— a a forensic medical examination to be carried out where a professional judgement is made that the examination should not be carried out, or b a particular action to be carried out as part of a forensic medical examination where a professional judgement is made that the action should not be carried out. Information to be provided before examination 4 1 This section applies where a person is referred for or requests a forensic medical examination as mentioned in section 2(2). 2 Before any evidence is collected— a the person who has been referred for or, as the case may be, who requested the examination must, so far as reasonably practicable, be provided with the information mentioned in subsection (3), and b the information must, so far as reasonably practicable, be explained to the person. 3 The information is— a information about— i the circumstances in which any evidence collected during the examination may be transferred to a constable, and ii the purposes for which such evidence may then be used, and b where the forensic medical examination is requested under section 2(2)(b), information about— i the person's rights to request the return of certain items under section 7 and to request the destruction of evidence under section 8(1)(a), and ii the destruction of evidence under section 8(1)(b). 4 Failure to comply with subsection (2) does not by itself render any evidence collected during the examination inadmissible in any proceedings in relation to the incident which gave rise to the need for the examination. Health care needs 5 1 A health board must take such steps as are reasonably practicable to ensure that, where a person is referred for or requests a forensic medical examination as mentioned in section 2(2), any health care needs of the person arising from the incident which gave rise to the need for the examination are identified and, to the extent that it is a function of the health board to provide for the health care of the person, addressed by the health board. 2 Accordingly, a health board must provide the examination service in conjunction with such other services provided by the health board under or by virtue of the National Health Service (Scotland) Act 1978 as are relevant to the identification and addressing of such health care needs. 3 Subsection (1) applies even where the person does not proceed to undergo a forensic medical examination. 4 For the purposes of this section, the ways in which health care needs can be addressed include the person being referred to other services provided by the health board. The retention service The retention service 6 1 The retention service consists of storing, for the purpose mentioned in subsection (2), evidence which— a was collected during a forensic medical examination carried out by virtue of section 2, and b has not been transferred to a constable under section 9. 2 The purpose is the preservation of the evidence for use in connection with— a any investigation of the incident which gave rise to the need for the examination, or b any proceedings in relation to the incident. Return of certain items of evidence 7 1 This section applies where evidence collected during a forensic medical examination carried out by virtue of section 2(2)(b) and stored by a health board under section 6 includes an item which was worn or otherwise present during the incident which gave rise to the need for the examination. 2 The person who underwent the examination may request that the item be returned to the person. 3 Subsection (4) applies— a where the health board is not satisfied that the requested item belongs to the person who made the request, b where the health board considers that the requested item should not be returned to the person on safety grounds, c where a request under section 9(2) for the transfer of the requested item to a constable— i was made before the making of the request under subsection (2), or ii is made after the making of the request under subsection (2) but before the requested item is returned to the person. 4 The health board must— a refuse the request, and b except in a case mentioned in subsection (3)(c), explain the reason for the refusal to the person who made the request as soon as reasonably practicable. 5 Otherwise, the health board must comply with the request as soon as reasonably practicable. Destruction of evidence 8 1 A health board must ensure that any evidence collected during a forensic medical examination carried out by virtue of section 2(2)(b) and stored by the health board under section 6 is destroyed as soon as reasonably practicable after whichever of the following occurs first— a the expiry of the period of 30 days beginning with the day of the making, by the person who underwent the examination, of a request that the evidence be destroyed, or b the expiry of such period as may be specified by the Scottish Ministers in regulations. 2 But the health board must ensure that evidence is not destroyed under subsection (1)— a on the basis of a request made under paragraph (a) of that subsection if the request is withdrawn by the person who made it before the expiry of the period mentioned in that paragraph, or b if subsection (3) or (4) applies. 3 This subsection applies where— a a request was made under section 9(2) before the expiry of the period mentioned in subsection (1)(a) or, as the case may be, (b) for evidence to be transferred to a constable, and b at the time the period expires, the request has not been complied with. 4 This subsection applies where a request is made under section 9(2) for evidence to be transferred to a constable— a after the expiry of a period mentioned in subsection (1), and b before the evidence is destroyed. 5 But subsection (4) does not apply where the request is made at a time when it is not reasonably practicable to stop the destruction of the evidence. 6 Regulations under subsection (1)(b) may make— a different provision for different purposes, b incidental, supplementary, consequential, transitional, transitory or saving provision. 7 Regulations under subsection (1)(b) are subject to the affirmative procedure. Transfer of evidence Transfer of evidence to police 9 1 This section applies— a where a forensic medical examination has been carried out following a person being referred for such an examination as mentioned in section 2(2)(a), b where— i a forensic medical examination has been carried out following a person requesting such an examination as mentioned in section 2(2)(b), and ii the person has subsequently reported the incident in connection with which the examination took place to a constable, or c where— i a forensic medical examination has been carried out following a person requesting such an examination as mentioned in section 2(2)(b), ii the health board which carried out the examination has subsequently established that the person was, at the time of the examination, under the age mentioned in that section at that time, and iii the matters mentioned in sub-paragraphs (i) and (ii) have been reported to a constable. 2 A constable may request the transfer to the constable of any evidence collected during the examination and stored or otherwise held by a health board which is required for the purposes of— a investigation of the incident which gave rise to the need for the examination, or b proceedings in relation to the incident. 3 The health board must comply with the request as soon as reasonably practicable. 4 In this section a reference to a constable includes a reference to a member of a service police force. 5 Where a constable of the British Transport Police or the Ministry of Defence Police has made a request under subsection (2), the health board must comply with the request as soon as reasonably practicable. Provision of examination and retention services: health care principles Trauma-informed care 10 1 The Patient Rights (Scotland) Act 2011 is amended as follows (see also paragraph 4 of the schedule). 2 In the schedule (health care principles), after paragraph 7, insert— 7A 1 Regard is to be had to the importance of providing health care in a way that seeks to avoid re-traumatisation and is otherwise trauma-informed. 2 Sub-paragraph (1) applies only in relation to the exercise of functions conferred by section 1 of the 2021 Act. . Examination of under-age persons Examination of under-age person under section 2(2)(b) 11 1 Subsection (2) applies where— a a forensic medical examination has been carried out by virtue of section 2(2)(b), and b the health board subsequently establishes that the person was, at the time of the examination, under the age mentioned in that section at that time. 2 The fact that the person was under that age at that time does not affect the validity of— a the carrying out of the examination, b anything done by the health board prior to the person's true age being established in relation to any evidence collected during the examination, c the continuing storage of any such evidence under section 6. 3 Following the person's true age being established, sections 7 and 8 do not apply in relation to any evidence collected during the examination. 4 Accordingly, where, at the time the person's true age is established— a a request for the return of an item stored by the health board under section 6 has been made by the person under section 7 but not yet complied with, the health board must refuse the request, b a request for destruction of evidence stored by the health board under section 6 has been made by the person under section 8(1)(a) but the evidence not yet destroyed, the health board must ensure that the evidence is not destroyed on the basis of that request (unless it is not reasonably practicable to stop the destruction of the evidence). Victim support information and referrals Victim support information and referrals 12 1 Subsection (2) applies where— a a person requests a forensic medical examination as mentioned in paragraph (b) of section 2(2), and b the incident in connection with which the examination is requested is of the type mentioned in paragraph (a)(i) of that section. 2 The health board to which the request is made must inform the person that— a the person may request from the health board— i a copy of the Victims' Code for Scotland, and ii information relating to the rights of victims, b the person may request the health board to refer the person to providers of victim support services, and c the person may contact providers of victim support services directly without being referred as mentioned in paragraph (b). 3 The health board must, as soon as reasonably practicable after a person mentioned in subsection (1) or section 8A(1) of the 2014 Act makes a request for— a a copy of the Victims' Code for Scotland— i provide the person with a copy of the Code, or ii advise the person where a copy of the Code may be obtained, b information relating to the rights of victims— i provide the person with such information held by, or accessible to, the health board as the health board considers relevant to the request, and ii provide the person with contact details for any other body which the health board considers may hold or be able to access information relevant to the request. 4 Where a person mentioned in subsection (1) or section 8A(1) of the 2014 Act requests a referral of the type mentioned in subsection (2)(b), the health board must, subject to the views of the person— a disclose the person's details to such providers of victim support services as the authority considers appropriate to the person's needs, or b provide the person with the name, address and telephone number of such providers of victim support services. 5 Subsections (6) to (8) apply where— a a person requests a copy of the Victims' Code for Scotland from a health board under this section, and b the person does not understand or speak English. 6 The person may request that the copy provided be a translation in a language that the person understands. 7 The health board may transmit that request to the Scottish Ministers. 8 The Scottish Ministers must— a translate the Code into the language required, and b provide a copy of the translated Code to the health board. 9 In this section— “ 2014 Act ” means the Victims and Witnesses (Scotland) Act 2014, “Victims' Code for Scotland” means the document prepared and published under section 3B of the 2014 Act, “ victim support services ” has the meaning given by section 3D(5) of the 2014 Act.”. Section 1 functions: conferral of related functions and co-operation Power to confer functions on other bodies 13 1 The Scottish Ministers may by regulations confer on the bodies listed in subsection (2) functions relating to the services mentioned in section 1. 2 The bodies are— a a special health board, b the Agency, c HIS. 3 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes, c make incidental, supplementary, consequential, transitional, transitory or saving provision. 4 Regulations under subsection (1)— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, b otherwise, are subject to the negative procedure. Co-operation 14 1 Health boards must co-operate with one another, and with the bodies listed in subsection (2), in relation to the planning and provision of the services mentioned in section 1, with a view to securing, across Scotland, adequate provision and continuous improvement in the delivery of those services. 2 The bodies are— a any special health board with functions relating to the provision of those services, b the Agency, c HIS. 3 Subsections (2) to (4) of section 12J of the 1978 Act apply for the purposes of subsection (1) as they apply for the purposes of subsection (1) of that section, subject to the modification that subsection (3)(a) has effect as if for “or the Agency” there was substituted “ , the Agency or HIS ” . Reports Report on operation of Act 15 1 Public Health Scotland must— a as soon as reasonably practicable after the end of each reporting period, prepare a report on the operation of this Act during the reporting period, and b no later than 2 months after the end of the reporting period to which the report relates— i lay the report before the Scottish Parliament, and ii publish the report in such ways as Public Health Scotland considers appropriate. 2 In this section, “ reporting period ” means— a the period beginning with the day on which section 1 comes into force and ending on 31 March in the following year, b each of the subsequent 9 periods of one year ending on 31 March. General provisions Minor and consequential modifications 16 The schedule makes minor and consequential modifications of other enactments. Meaning of references to “evidence” 17 1 References in this Act (however expressed) to evidence collected during a forensic medical examination include reference to— a images created, b samples (for example, samples of blood, semen, urine, or hair and samples taken by swabbing a person's genitals or bodily orifices) collected, c any notes or other records (including notes or records about matters other than the physical condition of the person undergoing the examination) created, d items worn or otherwise present during the incident which gave rise to the need for such an examination and collected, during or in connection with the examination. 2 But such references do not include reference to anything collected or created during or in connection with the examination if the thing was collected or created for use other than use as is mentioned in section 2(3) (for example, for use in identifying, recording and addressing the health care needs of the person undergoing the examination). 3 Anything collected or created in anticipation of a forensic medical examination being carried out under this Act is to be regarded as having been collected or created during or in connection with such an examination even where the person who was referred for or, as the case may be, requested the examination does not proceed to undergo such an examination. 4 References in this section to images, notes and other records include reference to those things in all forms that the things exist (for example, digital or physical form). Interpretation 18 1 In this Act— “ 1978 Act ” means the National Health Service (Scotland) Act 1978, “ the Agency ” means the Common Services Agency for the Scottish Health Service, “ constable ” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012 (but see sections 2(12) and 9(4)), “ forensic medical examination ” has the meaning given by section 2(3), “ health board ” means a board constituted under section 2(1)(a) of the 1978 Act, “ HIS ” means Healthcare Improvement Scotland, “ investigation ” means— a criminal investigation, or a police investigation of behaviour by a child under the age of criminal responsibility, “ proceedings ” means— criminal proceedings, or proceedings under the Children's Hearings (Scotland) Act 2011, “ service police force ” means— the Royal Navy Police, the Royal Military Police, or the Royal Air Force Police, “ special health board ” means a board constituted under section 2(1)(b) of the 1978 Act. 2 References in this Act to the need for a forensic medical examination include, where the person referred for or, as the case may be, requesting the examination does not proceed to undergo such an examination, reference to the need for the referral or, as the case may be, request for such an examination. 3 Subsection (4) applies where, by virtue of section 17(3), something is to be regarded as having been collected or created during or in connection with a forensic medical examination despite the person who was referred for or requested the examination not proceeding to undergo such an examination. 4 Sections 6, 7, 8 and 9 are to be read as if a forensic medical examination has been carried out, and references to the person undergoing the examination are to be construed accordingly. 5 In this Act a reference to a sexual offence includes a service offence which involves— a an element of physical, sexual contact, or b the ejaculation of semen, or the emission of urine or saliva sexually, onto a person. 6 In subsection (1)— a in the definition of “investigation”— i the reference to a “ criminal investigation ” includes an investigation by a service police force of an allegation which indicates, or circumstances which indicate, that a service offence has or may have been committed, and ii the reference to a “ police investigation ” includes a reference to an investigation by a service police force of behaviour by a child under the age of 10 , and b in the definition of “proceedings”, the reference to “ criminal proceedings ” includes proceedings in respect of a service offence before— i the Court Martial, ii the Service Civilian Court, iii the Court Martial Appeal Court, or iv the Supreme Court on an appeal brought from the Court Martial Appeal Court. 7 In subsections (5) and (6) “ service offence ” has the meaning given by section 50(2) of the Armed Forces Act 2006 . Ancillary provision 19 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision that they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under subsection (1)— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, b otherwise, are subject to the negative procedure. Commencement 20 1 This section and sections 17, 18, 19 and 21 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a make transitional, transitory or saving provision, b make— i different provision for different purposes, ii different provision for different areas. Short title 21 The short title of this Act is the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021. SCHEDULE MINOR AND CONSEQUENTIAL MODIFICATIONS (introduced by section 16) PART 1 THE 1978 ACT AND INSTRUMENTS MADE UNDER IT The 1978 Act 1 1 The 1978 Act is amended as follows. 2 In section 2 (health boards: regulations and directions)— a in subsection (5), after “this Act” insert “ or by or under the 2021 Act ” , b in subsection (6), after “functions” insert “ (other than functions conferred on them by or under the 2021 Act) ” . 3 In section 2B(1) (duty to encourage public involvement), after “responsible” insert “ and services which it has the function of providing to individuals under the 2021 Act ” . 4 In section 10H (standards and outcomes)— a in subsection (1)(a), after “health service” insert “ or under the 2021 Act ” , b in subsection (4), after “health service” insert “ or under the 2021 Act ” . 5 In section 17A(1) (NHS contracts), after “enactment” insert “ (including the 2021 Act) ” . 6 In section 36(1) (accommodation and services), in paragraph (b), after “under this Act” insert “ or under the 2021 Act ” . 7 In section 76(1) (inquiries), after “this Act” insert “ or under the 2021 Act ” . 8 In section 77(1) (default powers), after “this Act” insert “ or by or under the 2021 Act ” . 9 In section 78 (emergency powers)— a after “this Act”, where it first occurs, insert “ or under the 2021 Act ” , b after “this Act”, where it second occurs, insert “ , or by or under the 2021 Act, ” . 10 In section 78A (powers in case of service failures)— a in subsection (1)(a), after “this Act” insert “ , or under or by virtue of the 2021 Act, ” , b in subsection (2), after “this Act” insert “ or, as the case may be, under or by virtue of the 2021 Act ” . 11 In section 79 (purchase of land and moveable property)— a in subsection (1), after “under this Act”, where it first occurs, insert “ or under the 2021 Act ” , b in subsection (1A), after “under this Act” insert “ or under the 2021 Act ” . 12 In section 108(1) (interpretation), before the definition of “the Agency” insert— “ the 2021 Act ” means the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021; . The Functions of Health Boards (Scotland) Order 1991 2 1 The Functions of Health Boards (Scotland) Order 1991 (S.I. 1991/570) is amended as follows. 2 In article 1(2) (interpretation), after the definition of “the Act” insert— “ the 2021 Act ” means the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021; . 3 In article 2 (persons for whose health care each Health Board is responsible)— a in paragraph (1), after sub-paragraph (b) (and before “and” following that sub-paragraph and preceding sub-paragraph (c)) insert— ba in so far as the health care consists of providing services (other than the services mentioned in sub-paragraph (b)(i)) in conjunction with provision of the service mentioned in section 1(1)(a) of the 2021 Act, of persons (not falling within sub-paragraph (a)(i) or (ii)) to whom the Health Board is providing that service, regardless of the person's place of ordinary residence; , b after paragraph (3), insert— 3A For the purposes of paragraph (1)(ba), services are provided in conjunction with provision of the service mentioned in section 1(1)(a) of the 2021 Act if they are provided— a to a person at the same time as that service is provided to the person, or b to a person to whom that service has been provided on the person returning, at the request or on the recommendation of the health board, for follow-up care to care provided as mentioned in sub-paragraph (a). . 4 In article 3 (duty of health boards to exercise functions)— a in paragraph (1), for the words “those persons for whose health care each Health Board is responsible” substitute “ the persons mentioned in paragraph (1A) ” , b after paragraph (1), insert— 1A The persons referred to in paragraph (1) are— a in so far as a function specified in article 4 relates to functions conferred on the Health Board by the 2021 Act, those persons in relation to whom the functions conferred by that Act are exercisable by each Health Board; b otherwise, those persons for whose health care each Health Board is responsible. . 5 In article 4(c) (duty of Scottish Ministers under section 36 of the 1978 Act to be exercised by health boards), after “under the Act” insert “ or under the 2021 Act ” . The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000 3 1 The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000 (S.S.I. 2000/54) are amended as follows. 2 In regulation 1(2) (interpretation), in the definition of “relevant function”, after sub-paragraph (i) of paragraph (a) insert— ia a function conferred by the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 . PART 2 OTHER ENACTMENTS Patient Rights (Scotland) Act 2011 4 1 The Patient Rights (Scotland) Act 2011 is amended as follows. 2 In section 3 (patient rights)— a in subsection (2)(c), after “wellbeing” insert “ (including, where the health care being provided includes a service provided under the 2021 Act, decisions mentioned in subsection (3A)) ” , b after subsection (3), insert— 3A The decisions referred to in subsection (2)(c) are— a a decision about whether to undergo a forensic medical examination (and whether any such examination should take place without the incident in connection with which the examination would be carried out having been reported to a constable), b a decision about whether to make a request under section 8(1)(a) of the 2021 Act. . 3 In section 18 (patient advice and support service), after subsection (6), insert— 7 In this section and section 19, references to the health service include reference to the services provided under the 2021 Act. . 4 In section 23(1) (interpretation)— a after the definition of “the 1978 Act”, insert— “ the 2021 Act ” means the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021; , b in the definition of “health care”, after “health service” insert “ or under the 2021 Act ” , c in the definition of “health service function”— i the words from “any” to the end become paragraph (a), ii after that paragraph, insert— b the functions conferred by the 2021 Act; , d after the definition of “health service function”, insert— “ patient ” includes (except in sections 8 to 13) a person in relation to whom a Health Board is exercising the functions conferred by the 2021 Act; . 5 In the schedule (health care principles)— a in paragraph 7— i the existing words become sub-paragraph (1), ii after that sub-paragraph, insert— 2 Sub-paragraph (1) does not apply in relation to the exercise of functions conferred by the 2021 Act. , b in paragraph 12, after “wellbeing” insert “ (including, where the health care being provided includes a service provided under the 2021 Act, decisions mentioned in section 3(3A)) ” , c in paragraph 15, after “wellbeing” insert “ or, where the health care being provided includes a service provided under the 2021 Act, about matters relevant to the provision of that service ” . Victims and Witnesses (Scotland) Act 2014 5 1 The Victims and Witnesses (Scotland) Act 2014 is amended as follows. 2 Before section 9 insert— Certain medical examinations: additional information to be provided 8A 1 Subsection (2) applies where a person is, or is to be, referred to a health board for a forensic medical examination as mentioned in section 2(2)(a)(i) of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021. 2 The chief constable of the Police Service of Scotland must ensure that, in addition to a constable informing the person of the matters mentioned in sections 3C(1) and 3D(1), a constable informs the person that— a the person may request from the health board— i a copy of the Victims' Code for Scotland, and ii information relating to the rights of victims, b the person may request the health board to refer the person to providers of victim support services, and c the person may contact providers of victim support services directly without being referred as mentioned in paragraph (b). 3 In this section— “ health board ” means a board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978, “ victim support services ” has the meaning given by section 3D(5). . 3 In section 9 (requests as to medical examiner in relation to certain medical examinations)— a for subsection (1), substitute— 1 This section applies where a forensic medical examination is to be carried out by virtue of section 2 of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021. , b in subsection (2)— i the words “in relation to the complaint” are repealed, ii for the words from “in pursuance of” to “the person”, where it second occurs, substitute “ , the person must be given ” , iii for the word “gender” substitute “ sex ” , c in subsection (3)— i the words “the constable must ensure that” are repealed, ii after “is”, where it second occurs, insert “ to be ” . 4 In section 29A(1) (exercise of functions where victim is a child), after “6” insert “ , 8A ” . S. 10 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 3 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 14 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 Sch. para. 4 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 Sch. para. 1 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 Sch. para. 2 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 Sch. para. 3 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 Sch. para. 5 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 1 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 2 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 4 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 5 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 6 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 7 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 8 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 9 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 11 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 12 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 13 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 15 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 16 in force at 1.4.2022 by S.S.I. 2022/24 , reg. 2 S. 2(12) inserted (1.4.2022) by The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022 (S.I. 2022/261) , arts. 1(1) , 3 S. 9(4) (5) inserted (1.4.2022) by The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022 (S.I. 2022/261) , arts. 1(1) , 4 Words in s. 18 substituted (1.4.2022) by The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022 (S.I. 2022/261) , arts. 1(1) , 5(2) Words in s. 18 inserted (1.4.2022) by The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022 (S.I. 2022/261) , arts. 1(1) , 5(3) S. 18(5)-(7) inserted (1.4.2022) by The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022 (S.I. 2022/261) , arts. 1(1) , 5(4) Act applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624) , reg. 1(1) , Sch. 1 para. 8
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[uk-legislation-asp][asp] 2024-05-04 Coronavirus (Scotland) (No.2) Act 2020
http://www.legislation.gov.uk/asp/2020/10/2023-04-01
http://www.legislation.gov.uk/asp/2020/10/2023-04-01 Coronavirus (Scotland) (No.2) Act 2020 An Act of the Scottish Parliament to make provision in connection with coronavirus; and for connected purposes. text text/xml en Statute Law Database 2023-06-05 Expert Participation 2023-04-01 Coronavirus (Scotland) (No.2) Act 2020 2020 asp 10 An Act of the Scottish Parliament to make provision in connection with coronavirus; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th May 2020 and received Royal Assent on 26th May 2020 PART 1 Main provisions Key expression Meaning of “coronavirus” 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of the individual Protection of the individual 2 Schedule 1 contains modifications to the law in response to coronavirus in relation to various matters concerning the protection of the individual. Justice Operation of the justice system 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports, accounts and other documents Reports, accounts and other documents 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other measures in response to coronavirus Other measures in response to coronavirus 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 Supporting and final provisions Supporting provisions Advancement of equality and non-discrimination 6 1 In exercising a function conferred by virtue of Part 1 (including a function of making subordinate legislation), the Scottish Ministers must have regard— a to the importance of communicating in an inclusive way, b to opportunities to advance equality and non-discrimination. 2 In subsection (1)(a), “ communicating in an inclusive way ” means communicating in a way that ensures that individuals who have difficulty communicating (in relation to speech, language or otherwise) can receive information and express themselves in ways that best meet each individual's needs. 3 Section 9 (advancement of equality and non-discrimination) of the Coronavirus (Scotland) Act 2020 is amended by subsections (4) to (6). 4 The existing text becomes subsection (1). 5 In that subsection, for “regard” substitute regard— a to the importance of communicating in an inclusive way, b . 6 After that subsection insert— 2 In subsection (1)(a), “ communicating in an inclusive way ” means communicating in a way that ensures that individuals who have difficulty communicating (in relation to speech, language or otherwise) can receive information and express themselves in ways that best meet each individual's needs. . Subordinate legislation making powers 7 A power to make subordinate legislation conferred by virtue of Part 1 includes power to make— a incidental, supplementary, consequential, transitional, transitory or saving provision, b different provision for different purposes or areas. Power to suspend and revive provisions 8 1 The Scottish Ministers may by regulations— a suspend the operation of any provision of Part 1, b revive the operation of a provision so suspended. 2 Sections 15 to 17 of the Interpretation and Legislative Reform (Scotland) Act 2010 (effect of repeals) apply to the suspension of a provision by regulations under subsection (1)(a) as if the provision had been repealed by an Act. 3 The powers in subsection (1) may be exercised more than once in relation to the same provision. 4 Regulations under this section may make— a different provision for different purposes or areas, b consequential provision, c transitional, transitory or saving provision. 5 The power under subsection (4)(b) and (c) includes power to modify any enactment (including this Act). 6 Regulations under this section— a which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, b otherwise, are subject to the negative procedure. Expiry 9 1 Part 1 expires at the end of 30 September 2022 . 2 Subsection (1) is subject to section 10 (power to bring forward expiry). 3 The Scottish Ministers may by regulations amend subsection (1) so as to replace “31 March 2022” with “30 September 2022” . 5 Regulations under subsection (3) are subject to the affirmative procedure. 6 At the same time as laying a draft Scottish statutory instrument containing regulations under subsection (3) before the Scottish Parliament in accordance with section 29(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (instruments subject to affirmative procedure), the Scottish Ministers must lay before the Parliament a statement of their reasons why the regulations should be made. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 The Scottish Ministers may by regulations make— a consequential provision, b transitional, transitory or saving provision, in connection with the expiry under subsection (1) of any provision of this Act. 10 Regulations under subsection (9) may— a make different provision for different purposes or areas, b modify any enactment (including this Act). 11 Regulations under subsection (9)— a which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, b otherwise, are subject to the negative procedure. Power to bring forward expiry 10 1 The Scottish Ministers may by regulations provide that any provision of Part 1— a does not expire at the time when it would otherwise expire (whether by virtue of section 9 or previous regulations under this section), and b expires instead at such earlier time as is specified in the regulations. 2 Regulations under this section may make— a different provision for different purposes or areas, b consequential provision, c transitional, transitory or saving provision. 3 The power under subsection (2)(b) and (c) includes power to modify any enactment (including this Act). 4 Regulations under this section— a which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, b otherwise, are subject to the negative procedure. Power to amend Act in consequence of amendments to subordinate legislation 11 1 The Scottish Ministers may by regulations modify any provision of this Act which modifies the effect of a provision of subordinate legislation. 2 The power in subsection (1) may be exercised only if the modification is necessary in consequence of the modification of the provision of the subordinate legislation by other subordinate legislation. 3 Regulations under subsection (1) may make transitional, transitory or saving provision. 4 Regulations under subsection (1) must be laid before the Scottish Parliament as soon as reasonably practicable after they have been made. 5 Regulations under subsection (1) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, they are approved by resolution of the Scottish Parliament. 6 In calculating the period of 28 days for the purpose of subsection (5), no account is to be taken of any period during which the Scottish Parliament is— a in recess for more than 4 days, or b dissolved. 7 If regulations cease to have effect as a result of subsection (5), that does not— a affect the validity of anything previously done under them, or b prevent the making of new regulations. Reporting requirements Reports by the Scottish Ministers on the status of provisions 12 1 The Scottish Ministers must, in respect of each reporting period— a undertake a review of the operation of the provisions of Part 1 with a view to considering whether those provisions remain necessary, and b prepare a report on that review. 2 A report prepared under subsection (1) must— a set out how any powers conferred by the provisions of Part 1 have been exercised, and b include— i the status of the provisions of Part 1 (whether or not any power under a provision has been exercised), and ii a statement that the Scottish Ministers are satisfied that the status of those provisions is appropriate. 3 The references in subsection (2) to the “status” of a provision are to— a whether the provision is in force at the end of the reporting period, and b whether any power under the following provisions has been exercised by the Scottish Ministers in relation to it during that period (and, if so, how)— i section 8 (power to suspend and revive provisions), ii section 10 (power to bring forward expiry). 4 Each of the following is a “reporting period”— a the period beginning with the day after Royal Assent and ending on 31 July 2020, b each successive period of 2 months that ends during the period before Part 1 expires by virtue of section 9(1). 5 The Scottish Ministers must lay each report under subsection (1) before the Scottish Parliament no later than 14 days after the expiry of a reporting period. Reviews: information about domestic abuse 13 1 The Scottish Ministers must— a in undertaking a review under section 12(1)(a), take account of any information about the nature and number of incidents of domestic abuse occurring during the reporting period to which the review relates given to them, or published, by— i the Scottish Police Authority, or ii the chief constable of the Police Service of Scotland, and b explain in the report on that review prepared under section 12(1)(b) how the information was taken account of. 2 The Coronavirus (Scotland) Act 2020 is amended by subsection (3). 3 After section 15 (reports by the Scottish Ministers on status of provisions), insert— Reviews: information about domestic abuse 15A 1 The Scottish Ministers must— a in undertaking a review under section 15(1)(a), take account of any information about the nature and number of incidents of domestic abuse occurring during the reporting period to which the review relates given to them, or published, by— i the Scottish Police Authority, or ii the chief constable of the Police Service of Scotland, and b explain in the report on that review prepared under section 15(1)(b) how the information was taken account of. 2 In subsection (1)(a), “ reporting period ” means a period mentioned in section 15(4)(b). . Reports by the Scottish Ministers on coronavirus-related instruments 14 1 The Scottish Ministers must, in respect of each reporting period— a undertake a review of all Scottish statutory instruments (other than excepted instruments)— i made by them, and ii the main purpose of which is to make provision for a reason relating to coronavirus, and b prepare a report on that review. 2 A report prepared under subsection (1) must, in relation to each instrument— a set out— i its title, ii the powers under which it was made, iii the parliamentary procedure to which it was subject, and iv the period for which it has effect, b include— i its status, and ii a statement that the Scottish Ministers are satisfied that its status is appropriate. 3 The references in subsection (2)(b) to the “status” of an instrument are to whether the provision made by the instrument is in force at the end of the reporting period. 4 Each of the following is a “reporting period”— a the period beginning with the day after Royal Assent and ending on 31 July 2020, b each successive period of 2 months that ends during the period before Part 1 expires by virtue of section 9(1). 5 The Scottish Ministers must lay each report under subsection (1) before the Scottish Parliament no later than 14 days after the expiry of a reporting period. 6 In subsection (1)(a), “ excepted instruments ” means Scottish statutory instruments containing provision made under a power conferred by virtue of— a this Act, b the Coronavirus (Scotland) Act 2020, or c the Coronavirus Act 2020. General Ancillary provision 15 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it. 2 Regulations under subsection (1) may modify any enactment (including this Act). 3 Without prejudice to section 6 of the Interpretation and Legislative Reform (Scotland) Act 2010 (power to revoke, amend and re-enact), the Scottish Ministers may by regulations modify any regulations made under subsection (1) in consequence of— a the exercise of a power under section 8 (power to suspend and revive provisions), b the expiry of a provision of this Act under section 9 (expiry), c the exercise of a power under section 10 (power to bring forward expiry). 4 Regulations under subsection (3) may make transitional, transitory or saving provision. 5 Regulations under this section— a which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, b otherwise, are subject to the negative procedure. Commencement 16 1 This Act comes into force on the day after Royal Assent. 2 The Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act. Short title 17 The short title of this Act is the Coronavirus (Scotland) (No.2) Act 2020. SCHEDULE 1 Protection of the individual (introduced by section 2) PART 1 Student residential tenancy: termination by tenant Interpretation of this Part 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tenant's ability to bring tenancy to an end 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for notice to be given by tenant 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 Tenancies: pre-action requirements for order for possession or eviction order on ground of rent arrears Assured and short assured tenancy 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Private residential tenancy 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Carer's allowance supplement 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 Social care staff support fund 7 1 The Scottish Ministers must, as soon as practicable after Royal Assent, establish and maintain a fund to be known as the “social care staff support fund”. 2 The Scottish Ministers must use the fund to provide financial assistance to workers in the social care sector— a whose ability to undertake contracted health and care work is, or has been, restricted, for a reason relating to coronavirus (such as, but not limited to, inability to work in multiple or linked workplaces), and b as a result of that restriction, whose income is reduced and consequently would experience, or are experiencing, financial hardship during the period when Part 1 is in force. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In sub-paragraph (2), the “ social care sector ” includes any care service within the meaning given in section 47 of the Public Services Reform (Scotland) Act 2010. PART 5 Bankruptcy Electronic service of documents 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial criteria for minimal asset process 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “qualified creditor” 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deadline for sending proposals for debtor's contribution 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Virtual meetings of creditors 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electronic signature of forms 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees for debtor applications 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6 Mental health: named person nomination 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7 Care homes Emergency directions 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency intervention orders 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8 Powers to purchase care home services and care at home providers Power of local authority to purchase distressed care home or care at home service provider 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power of health body to purchase distressed care home service provider 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Circumstances in which powers under this Part may be exercised 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 9 Care homes: further provision Inspections 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reporting on coronavirus deaths 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 10 Marriage and civil partnership 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 2 Operation of the justice system (introduced by section 3) PART 1 Criminal justice Criminal proceedings: extension of time limits 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arrangements for the custody of persons detained at police stations 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expiry of undertaking under section 25(2)(a) of the Criminal Justice (Scotland) Act 2016 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fixed penalty notices under the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 Proceeds of crime Extension of permitted period for purpose of confiscation order 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time limits for payment of confiscation orders 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Intimation, etc. of documents Replacement of requirement for intimation on walls of court, etc. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 3 Reports, accounts and other documents (introduced by section 4) PART 1 Reports, etc. under the Climate Change (Scotland) Act 2009 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 Accounts of registered social landlords Extension of deadline for accounts 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Accounts under the Public Finance and Accountability (Scotland) Act 2000 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 Housing (Scotland) Act 1987: statement under section 33B Referral of application for accommodation to another local authority: extension of deadline for Ministerial statement 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 4 Other measures in response to coronavirus (introduced by section 5) PART 1 UEFA European Championship 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 Listed buildings and conservation areas: consents Extension of period of consent 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Registers kept by the Keeper of the Registers of Scotland Register of Inhibitions 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of judgments 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 Care services: giving of notices by the Care Inspectorate 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5 Land and buildings transaction tax: additional amount 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6 Non-domestic rates relief Special power in respect of financial year 2020-21 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relief to be provided to the newspaper publishing industry 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7 Execution of documents, etc. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8 Freedom of information Modification of Coronavirus (Scotland) Act 2020 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reporting on Scottish Ministers' responses to requests for information 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 9 Low emission zones 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 10 Council tax: exempt dwellings 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 11 Traffic Regulation 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 12 Restriction on giving grant to businesses connected to tax havens 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sch. 3 para. 1 expires (29.9.2020) by virtue of The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 (S.S.I. 2020/249) , regs. 1 , 3(a)(i) Sch. 3 para. 2 expires (29.9.2020) by virtue of The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 (S.S.I. 2020/249) , regs. 1 , 3(a)(ii) Sch. 3 para. 3 expires (29.9.2020) by virtue of The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 (S.S.I. 2020/249) , regs. 1 , 3(a)(iii) Sch. 3 para. 4 expires (29.9.2020) by virtue of The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 (S.S.I. 2020/249) , regs. 1 , 3(a)(iv) Sch. 4 para. 1 expires (29.9.2020) by virtue of The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 (S.S.I. 2020/249) , regs. 1 , 3(b)(i) Sch. 4 para. 6 expires (29.9.2020) by virtue of The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 (S.S.I. 2020/249) , regs. 1 , 3(b)(ii) Sch. 4 para. 7 expires (29.9.2020) by virtue of The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 (S.S.I. 2020/249) , regs. 1 , 3(b)(iii) Sch. 4 para. 8 expires (29.9.2020) by virtue of The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 (S.S.I. 2020/249) , regs. 1 , 3(b)(iv) Sch. 1 para. 9 expires (29.3.2021) by virtue of The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/148) , regs. 1 , 3(a) Sch. 1 para. 11 expires (29.3.2021) by virtue of The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/148) , regs. 1 , 3(b) Sch. 1 para. 13 expires (29.3.2021) by virtue of The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/148) , regs. 1 , 3(c) Sch. 1 para. 14 expires (29.3.2021) by virtue of The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/148) , regs. 1 , 3(d) Sch. 2 para. 7 expires (30.3.2021) by virtue of The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 (S.S.I. 2021/93) , regs. 1 , 3(a) Sch. 4 para. 13 expires (30.3.2021) by virtue of The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 (S.S.I. 2021/93) , regs. 1 , 3(b)(i) Sch. 4 para. 15 expires (30.3.2021) by virtue of The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 (S.S.I. 2021/93) , regs. 1 , 3(b)(ii) S. 10(1) modified (5.8.2021) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19) , ss. 2(10) , 11(2) S. 8 modified in part (5.8.2021) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19) , ss. 3(2) , 11(2) S. 9(3) substituted for s. 9(3)(4) (5.8.2021) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19) , ss. 1(6) , 11(2) Words in s. 9(1) substituted (5.8.2021) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19) , ss. 1(5) , 11(2) Words in s. 9(6) substituted (5.8.2021) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19) , ss. 8(6) , 11(2) Sch. 4 para. 10 repealed (5.8.2021) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19) , ss. 8(9) , 11(2) Sch. 4 para. 11 repealed (5.8.2021) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19) , ss. 8(9) , 11(2) S. 9(7) (8) repealed (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19) , ss. 8(7) , 11(1) Sch. 1 para. 6 expires (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19) , ss. 2(8)(b) , 11(2) Sch. 1 para. 24 expires (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19) , ss. 2(8)(c) , 11(2) Words in s. 9(1) substituted (30.3.2022) by The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2022 (S.S.I. 2022/113) , regs. 1 , 3(2) Sch. 4 para. 14 expires (30.3.2022) by The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 (S.S.I. 2022/64) , reg. 3 S. 1 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) S. 2 expires in part (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) S. 3 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) S. 4 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) S. 5 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 1 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 2 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 3 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 4 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) (with saving in 2022 asp 8 , s. 48(2)(a) ) Sch. 1 para. 5 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) (with saving in 2022 asp 8 , s. 48(1)(a) ) Sch. 1 para. 7 expires in part (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 8 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 10 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 12 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 15 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 16 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 17 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 18 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 19 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 20 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 21 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 22 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 1 para. 23 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 2 para. 1 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 2 para. 2 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 2 para. 3 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 2 para. 4 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 2 para. 5 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 2 para. 6 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 2 para. 8 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 2 para. 9 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 2 para. 10 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 4 para. 2 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 4 para. 3 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 4 para. 4 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 4 para. 5 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 4 para. 9 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 4 para. 12 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) Sch. 4 para. 16 expires (1.10.2022) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 9(1) S. 2 ceases to have effect (1.4.2023) by virtue of The Coronavirus (Scotland) Acts (Saving Provision) Regulations 2022 (S.S.I. 2022/261) , reg. 17(1)(b) (2) S. 6 ceases to have effect (1.4.2023) by virtue of The Coronavirus (Scotland) Acts (Saving Provision) Regulations 2022 (S.S.I. 2022/261) , reg. 17(1)(b) (2) Sch. 1 para. 7(1) (2) (7) ceases to have effect (1.4.2023) by virtue of The Coronavirus (Scotland) Acts (Saving Provision) Regulations 2022 (S.S.I. 2022/261) , reg. 17(1)(b) (2)
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[uk-legislation-asp][asp] 2024-05-04 Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020
http://www.legislation.gov.uk/asp/2020/9/2020-04-25
http://www.legislation.gov.uk/asp/2020/9/2020-04-25 Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020 An Act of the Scottish Parliament to provide for female genital mutilation protection orders and for guidance in relation to such orders and in relation to the prevention of female genital mutilation generally; and for connected purposes. text text/xml en Statute Law Database 2021-08-05 2020-04-25 Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020 2020 asp 9 An Act of the Scottish Parliament to provide for female genital mutilation protection orders and for guidance in relation to such orders and in relation to the prevention of female genital mutilation generally; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th March 2020 and received Royal Assent on 24th April 2020 Female genital mutilation protection orders Female genital mutilation protection orders 1 In the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (“ the 2005 Act ”), after section 5 insert— Female genital mutilation protection orders 5A 1 In this Act, a “female genital mutilation protection order” is an order made for one or more of the purposes mentioned in subsection (2). 2 The purposes are— a to prevent, or reduce the likelihood of, an act of genital mutilation being performed on— i a person identified in the order, or ii any person falling within a description specified in the order, b to protect a person, identified in the order, on whom such an act has been performed, c to otherwise prevent, or reduce the likelihood of, an offence under section 1 or section 3 being committed. 3 A female genital mutilation protection order may be made— a on an application made to a court under section 5C, b in civil proceedings before a court by virtue of section 5E(1), c in criminal proceedings before a court by virtue of section 5J(2). 4 In deciding, under or by virtue of a provision mentioned in subsection (3), whether to make a female genital mutilation protection order and, if so, what order to make, the court must have regard to all the circumstances including the need to secure the health, safety and well-being of any person who would be a protected person were the order made. 5 In ascertaining the well-being of such a person, the court must, in particular, have regard to the person's wishes and feelings (so far as reasonably ascertainable) to such extent as the court considers appropriate, taking into account the person's age and understanding. 6 Subsection (7) applies where a person who would be a protected person were a female genital mutilation protection order made is not ordinarily resident in Scotland. 7 The court may make a female genital mutilation protection order under or by virtue of a provision mentioned in subsection (3) in relation to a person mentioned in subsection (6) only where the person is in Scotland when the order is applied for or, as the case may be, made. 8 In this Act— “an act of genital mutilation”— means an action mentioned in section 1(2) performed in relation to the whole or any part of a person's genitals mentioned in section 1(1), other than an action mentioned in section 1(4)— performed by an approved person, or performed outside the United Kingdom by an approved person or by a person who provides services corresponding to those of an approved person, includes an action mentioned in section 1(2) performed by a person in relation to the whole or any part of that person's own genitals mentioned in section 1(1) but only in the circumstances mentioned in section 3(1)(b), “ protected person ” means a person identified in the order as mentioned in subsection (2)(a)(i) or (b). Contents of orders 5B 1 A female genital mutilation protection order may contain such— a prohibitions, restrictions or requirements, and b other provisions, as the court considers appropriate for the purposes of the order. 2 The terms of such an order may, in particular, relate to— a conduct outside (as well as, or instead of, conduct within) Scotland, b persons who have committed, or may attempt to commit, an offence under section 1 or section 3, c persons who are, or may become, involved in the commission of an offence under section 1 or section 3 in other respects. 3 A female genital mutilation protection order may, among other things, require a person— a to take the protected person to a place of safety designated in the order, b to bring the protected person to a court at such time and place as the court making the order may specify, c to bring the protected person to any other place at such time and for such purpose as the court making the order may specify, d to refrain from violent, threatening or intimidating conduct (whether against the protected person or any other person), e who is a person such as is mentioned in subsection (2)(b) or (c), to appear in court, f to disclose, if known, the whereabouts of such a person or the protected person, g to refrain from taking the protected person from, or to, such place as the court may specify, h to facilitate or otherwise enable the protected person or another person to return or go to such place as the court may specify within such period as may be so specified, i to submit to the court such documents (including passports, birth certificates or other documents identifying the person and travel documents) as the court may specify, j to provide the court with such other information as it may specify. 4 A female genital mutilation protection order may, among other things, also require a Scottish public authority to consider what support and assistance the authority may be able, in exercise of its functions, to provide to the protected person or another person. 5 But a requirement mentioned in subsection (4) may be included in the female genital mutilation protection order only where a person— a who is a party to the proceedings for the order, or b who, in the case of such an order made by virtue of section 5E or 5F, would have been a party to such proceedings, requests the court to do so. 6 Where a requirement mentioned in subsection (4) is included in a female genital mutilation protection order, the Scottish public authority to whom the requirement applies must, so far as reasonably practicable, provide such support and assistance as the authority considers appropriate. 7 For the purposes of subsection (2)(c), examples of involvement in other respects are— a conspiring to commit an offence under section 1 or section 3, b aiding, abetting, counselling, procuring or inciting another person to commit an offence under section 3. Power to make orders on application 5C 1 The court may, on an application to it under this section, make a female genital mutilation protection order. 2 The following persons may apply to the court for a female genital mutilation protection order— a a person on whom there is a risk of an act of genital mutilation being performed, b a person on whom such an act has been performed, c the Lord Advocate, d a relevant local authority, e the chief constable, f with the leave of the court only, any other person. 3 The court may permit a person mentioned in subsection (2) to be a party to proceedings relating to an application made by another person mentioned in subsection (2). 4 In deciding whether to grant a person (“ the applicant ”) leave as referred to in subsection (2)(f) or, as the case may be, to allow the applicant to be a party to proceedings relating to an application made by another person, the court must have regard to all the circumstances including (where applicable)— a the applicant's connection with a person who would be a protected person were the order made, b the applicant's knowledge of such a person and the person's circumstances, c the wishes and feelings of such a person so far as they are reasonably ascertainable, d in a case where leave to apply is being sought, any reason why the application is being made by the applicant and not such a person. 5 The court need only have regard to a person's wishes and feelings as mentioned in subsection (4)(c) so far as it considers it appropriate, on the basis of the person's age and understanding, to do so. 6 In this Act, a “relevant local authority” is— a in the case of an application for a female genital mutilation protection order, the local authority in whose area— i a person, who would be a protected person were such an order made, is present, or ii a person, who would be a person falling within a description specified in such an order (as mentioned in section 5A(2)(a)(ii)) were the order made, is present or is likely to be present, b in any other case, the local authority in whose area— i a protected person is present, or ii a person falling within a description specified in such an order (as mentioned in section 5A(2)(a)(ii)) is present or is likely to be present. Applications for orders: jurisdiction 5D 1 The court to which an application for a female genital mutilation protection order is to be made is to be determined in accordance with this section. 2 The application may be made to the sheriff in whose sheriffdom any person, who would be a protected person were the order made, is ordinarily resident. 3 Where no person would be a protected person were the order made— a the application may be made to the sheriff in whose sheriffdom any person, on whom prohibitions, restrictions or requirements would be imposed by the order were it made, is ordinarily resident, b where the application is made by a relevant local authority, it may be made to that sheriff or to the sheriff in whose sheriffdom the local authority is situated. 4 In any other case, the application may be made to the sheriff of the sheriffdom of Lothian and Borders at Edinburgh. 5 Subsections (6) to (9) apply with respect to proceedings relating to an application made in accordance with this section. 6 A sheriff before whom the proceedings are brought may make an order transferring the proceedings to a sheriff of another sheriffdom if satisfied that it would be more appropriate for the proceedings to be dealt with by a sheriff of the other sheriffdom. 7 A sheriff may make an order under subsection (6)— a on the application of a party to the proceedings, or b on the sheriff's own initiative. 8 Where an order is made under subsection (6), a sheriff of the sheriffdom to which the proceedings are to be transferred has jurisdiction and competence to consider and determine the proceedings. 9 This section does not affect any power that a sheriff has to decline jurisdiction in any case. Power to make orders without application 5E 1 The court may make a female genital mutilation protection order without an application being made to it where— a civil proceedings are before the court, b the court considers that such an order should be made, and c a person who would be affected by the order (other than a person who would be a protected person were the order made) is a party to the civil proceedings. 2 The court may also make a female genital mutilation protection order under subsection (1) despite the fact that no person who would be affected by the order is a party to the civil proceedings. 3 The court may make a female genital mutilation protection order under this section— a at the request of a party to the civil proceedings, or b without such a request having been made. 4 Where a female genital mutilation protection order is made by virtue of subsection (2), the court must give a person who is affected by the order an opportunity to make representations about the order— a as soon after the order is made as is just and convenient, and b at a hearing of which notice has been given to all parties in accordance with rules of court. Interim orders 5F 1 The court may make an interim female genital mutilation protection order— a after receiving an application made under section 5C, or b without an application being made to it, where civil proceedings are before the court. 2 The court may make an interim female genital mutilation protection order only if it considers, on the balance of convenience, that it is just to do so. 3 In deciding whether it is, on the balance of convenience, just, the court must have regard to all the circumstances including— a the risk of significant harm to any person, b the risk of a person, who would be a protected person were the female genital mutilation protection order made, being taken outside the United Kingdom for a purpose connected with the performance on the person of an act of genital mutilation, and c in a case where an application has been made under section 5C, the risk that the person who applied for the female genital mutilation protection order will be deterred or prevented from pursuing the application, if the interim order is not made immediately. 4 The court may make an interim female genital mutilation protection order under this section— a in a case where an application has been made under section 5C, in the absence of a person who is, or would be, a party to proceedings for the female genital mutilation protection order (and may do so whether or not the person has been given such notice of the application as would otherwise be required by rules of court), b in a case where no such application has been made to it, in the absence of a person who would be affected by the order (whether or not such a person is a party to the civil proceedings). 5 Where an interim female genital mutilation protection order is made by virtue of subsection (4), the court must give a person such as is mentioned in paragraph (a) or, as the case may be, paragraph (b) of that subsection an opportunity to make representations about the interim order— a as soon after the interim order is made as is just and convenient, and b at a hearing of which notice has been given to all parties in accordance with rules of court. 6 An interim female genital mutilation protection order— a has effect only for a fixed period, specified in the order, and b ceases to have effect, if it has not already done so— i in a case where an application has been made under section 5C, on the determination of the application, ii in a case where no such application has been made, on the determination of the proceedings, if any, arising by virtue of subsection (5). 7 In this Act (unless the context otherwise requires), references to female genital mutilation protection orders include references to interim female genital mutilation protection orders. Anonymity: proceedings relating to making of female genital mutilation protection order 5G 1 Where civil proceedings relating to the making of a female genital mutilation protection order are before the court, the court— a must consider whether to make an order under subsection (2), b may make such an order in accordance with subsection (4). 2 An order under this subsection (an “anonymity order”) may order any of the following— a the withholding of— i the name of a person who would be a protected person were the female genital mutilation protection order made, ii the name of any other person, iii other information, from the public in or in connection with proceedings before the court relating to the female genital mutilation protection order, b the exclusion of the public from such proceedings before the court. 3 The court may make an anonymity order if it considers that it is just to do so having regard to all the circumstances, including the need to protect the health, safety and well-being of any person who would be a protected person were the female genital mutilation protection order made. 4 The court must, in complying with subsection (1)(a)— a seek the views, so far as they are reasonably ascertainable, of— i any person in respect of whom the court is considering making an anonymity order, ii any person who would be a protected person were the female genital mutilation protection order made (if not a person mentioned in sub-paragraph (i)), and b have regard to any such views (taking into account the person's age and understanding). 5 But the failure of a person mentioned in subsection (4)(a) to provide views is not to be taken as indicating that the person is opposed to an anonymity order being made. 6 Where the court makes an anonymity order under this section, the court must also consider whether to exercise its power under section 11 of the Contempt of Court Act 1981 (power to prohibit publication of names or other matters in connection with proceedings). 7 The power to make an anonymity order is without prejudice to any other functions the court has in relation to ordering that names or other information be withheld or that the public be excluded from proceedings. 8 Subsection (4) does not apply to proceedings relating to the making of an interim female genital mutilation protection order by virtue of section 5F. 9 The reference in subsection (1) to proceedings relating to the making of a female genital mutilation protection order includes reference to proceedings in which the court is considering whether to make such an order by virtue of section 5E(1). Anonymity: other proceedings relating to female genital mutilation protection order 5H 1 The court may also make an anonymity order in any other civil proceedings relating to a female genital mutilation protection order— a on the application of— i any person who was a party to the proceedings for the female genital mutilation protection order, or ii any person who, in the case of such an order made by virtue of section 5E or 5F, would have been a party to such proceedings, or b even though no such application is made to the court. 2 The court may make an anonymity order if it considers that it is just to do so having regard to all the circumstances, including the need to protect the health, safety and well-being of— a any protected person, and b in the case of proceedings relating to the variation of the female genital mutilation protection order, any person who would be a protected person were the order varied. 3 The court must, before making an anonymity order under this section— a seek the views, so far as they are reasonably ascertainable, of— i any person in respect of whom the court is considering making an anonymity order, ii any protected person and, in the case of proceedings relating to the variation of the female genital mutilation protection order, any person who would be a protected person were the order varied (if not a person mentioned in sub-paragraph (i)), and b have regard to any such views (taking into account the person's age and understanding). 4 But the failure of a person mentioned in subsection (3)(a) to provide views is not to be taken as indicating that the person is opposed to an anonymity order being made. 5 Where the court makes an anonymity order under this section, the court must also consider whether to exercise its power under section 11 of the Contempt of Court Act 1981 (power to prohibit publication of names or other matters in connection with proceedings). 6 The power to make an anonymity order is without prejudice to any other functions the court has in relation to ordering that names or other information be withheld or that the public be excluded from proceedings. 7 Subsection (3) does not apply to proceedings relating to the variation or extension of a female genital mutilation protection order on an interim basis by virtue of section 5O(3). Anonymity: variation and discharge 5I 1 This section applies where the court has made an anonymity order which is in effect. 2 The court may vary or discharge the anonymity order— a on the application of— i any person who was a party to the proceedings for the female genital mutilation protection order in relation to which the anonymity order was made, or ii any person who, in the case of such an order made by virtue of section 5E or 5F, would have been a party to such proceedings, or b even though no such application is made to the court. 3 The court may vary or, as the case may be, discharge an anonymity order if it considers that it is just to do so having regard to all the circumstances, including the need to protect the health, safety and well-being of any protected person. 4 The court must, before varying or, as the case may be, discharging an anonymity order— a seek the views, so far as they are reasonably ascertainable, of— i any person in respect of whom the anonymity order was made, ii any person who is a protected person (if not a person mentioned in sub-paragraph (i)), and b have regard to any such views (taking into account the person's age and understanding). 5 But the failure of a person mentioned in subsection (4)(a) to provide views is not to be taken as indicating that the person is content with the variation or, as the case may be, discharge of the anonymity order. Power to make orders on sentencing etc. 5J 1 This section applies where a person is— a convicted of an offence under section 1 or section 3, b acquitted of such an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (criminal responsibility of persons with mental disorder), or c found to be unfit for trial under section 53F of that Act and the court determines that the person's actions constitute such an offence. 2 The court (whether at first instance, on a remit from another court, or on appeal) may, instead of or in addition to dealing with the person in any other way, make a female genital mutilation protection order in respect of the person. 3 The court may make a female genital mutilation protection order— a at its own instance, or b on the motion of the prosecutor. 4 A female genital mutilation protection order made under subsection (2) may be appealed against as if the order were a sentence. 5 On such an appeal being made, the court may suspend the order appealed against pending the disposal of the appeal. 6 For the purposes of this Act (other than this section), a female genital mutilation protection order made under subsection (2) is to be treated as having been made by the sheriff in civil proceedings by virtue of section 5E(1). 7 In this section and in section 5K, “ the court ” means the High Court, the Sheriff Appeal Court or, as the case may be, the sheriff. References by criminal court to the Lord Advocate 5K 1 Subsection (2) applies where— a criminal proceedings are before the court, and b the court considers that a female genital mutilation protection order should be made. 2 The court may refer the matter to the Lord Advocate. 3 Where a matter is referred to the Lord Advocate under subsection (2), the Lord Advocate may— a apply under section 5C for a female genital mutilation protection order, b take such other steps as the Lord Advocate considers appropriate. Duration of orders 5L 1 A female genital mutilation protection order has effect— a where the order specifies a period for which it is to have effect, until the expiry of that period (unless the order is discharged under section 5M), b where no such period is specified, until the order is discharged under section 5M. 2 Where different periods are specified in the order relating to— a different provisions of the order, or b different persons, the order has effect until the expiry of the latest of those periods. 3 Where— a one or more periods are specified in the order, and b the order contains a provision in respect of which no time period for which it is to have effect is so specified, the order has effect until it is discharged under section 5M (unless the order is varied under that section so as to remove the provision). 4 References in this section and in sections 5M and 5N to an order which specifies a period for which it is to have effect include references to— a an order varied under section 5M to specify such a period or to shorten a period previously specified, and b an order extended under section 5N. Variation and discharge of orders 5M 1 The court may vary or discharge a female genital mutilation protection order on an application by— a any person who was or, in the case of an order made by virtue of section 5E or 5F, would have been a party to the proceedings for the order, b a protected person (if not such a person), c any other person affected by the order (including a person in respect of whom an order is made under section 5J), d the Lord Advocate, e a relevant local authority, f the chief constable, g with the leave of the court only, any other person. 2 The court may permit a person mentioned in subsection (1) to be a party to proceedings relating to an application made by another person mentioned in subsection (1). 3 In deciding whether to grant a person (“ the applicant ”) leave as referred to in subsection (1)(g) or, as the case may be, to allow the applicant to be a party to proceedings relating to an application made by another person, the court must have regard to all the circumstances including (where applicable)— a the applicant's connection with a person such as is mentioned in subsection (1)(a), (b) or (c), b the applicant's knowledge of such a person and the person's circumstances, c the wishes and feelings of such a person so far as they are reasonably ascertainable, d in a case where leave to apply is being sought, any reason why the application is being made by the applicant and not such a person. 4 The court need only have regard to a person's wishes and feelings as mentioned in subsection (3)(c) so far as it considers it appropriate, on the basis of the person's age and understanding, to do so. 5 In addition, the court may, if it considers it just to do so, vary or discharge a female genital mutilation protection order even though no application under subsection (1) has been made to the court. 6 Where a female genital mutilation protection order specifies a period for which it is to have effect, references in this section to varying an order do not include extending the order. Extension of orders 5N 1 This section applies where a female genital mutilation protection order specifies a period for which it is to have effect. 2 Before the expiry of the period, the court may, on the application of a person mentioned in subsection (3), extend the order. 3 The persons are— a any person who was or, in the case of an order made by virtue of section 5E or 5F, would have been a party to the proceedings for the order, b a protected person (if not such a person), c any other person affected by the order (including a person in respect of whom an order is made under section 5J), d the Lord Advocate, e a relevant local authority, f the chief constable, g with the leave of the court only, any other person. 4 The court may permit a person mentioned in subsection (3) to be a party to proceedings relating to an application made by another person mentioned in subsection (3). 5 In deciding whether to grant a person (“ the applicant ”) leave as referred to in subsection (3)(g) or, as the case may be, to allow the applicant to be a party to proceedings relating to an application made by another person, the court must have regard to all the circumstances including (where applicable)— a the applicant's connection with a person such as is mentioned in subsection (3)(a), (b) or (c), b the applicant's knowledge of such a person and the person's circumstances, c the wishes and feelings of such a person so far as they are reasonably ascertainable, d in a case where leave to apply is being sought, any reason why the application is being made by the applicant and not such a person. 6 The court need only have regard to a person's wishes and feelings as mentioned in subsection (5)(c) so far as it considers it appropriate, on the basis of the person's age and understanding, to do so. 7 In addition, before the expiry of the period, the court may, if it considers it just to do so, extend a female genital mutilation protection order even though no application under subsection (2) has been made to the court. 8 In this section, references to a period for which a female genital mutilation protection order is to have effect include a period for which a particular provision of the order is to have effect (and accordingly references to extending the order are to be read as references to extending the provision in question). Variation, discharge and extension of orders: further provision 5O 1 Section 5A(4) and (5) apply to the court's consideration— a under section 5M as to whether to vary or discharge a female genital mutilation protection order, and b under section 5N as to whether to extend such an order, as they apply to the court's consideration as to whether to make such an order, with the modification that the reference to a person who would be a protected person were the order made is to be read as including a reference to a person who is a protected person under the order. 2 Section 5D applies to— a an application under section 5M to vary or discharge a female genital mutilation protection order, and b an application under section 5N to extend such an order, as it applies to an application under section 5C for such an order, with the modification that references to a person who would be a protected person were the order made are to be read as including references to a person who is a protected person under the order. 3 The court may— a on an application under section 5M to vary a female genital mutilation protection order, or b on an application under section 5N to extend such an order, vary or, as the case may be, extend the order on an interim basis pending determination of the application. 4 Where the court varies or extends a female genital mutilation protection order on an interim basis, subsections (2) to (5) of section 5F apply as they apply to an application under section 5C for such an order, with the modifications that— a references to an application for a female genital mutilation protection order are to be read as references to an application to vary or, as the case may be, extend such an order, b references to making an interim female genital mutilation protection order are to be read as references to a female genital mutilation protection order being varied or, as the case may be, extended on an interim basis, and c the reference to a person who would be a protected person were the order made is to be read as including a reference to a person who is a protected person under the order. Notification of applications and orders 5P 1 The court must notify the persons mentioned in subsection (2) of the following— a the making of an application under section 5C(2) for a female genital mutilation protection order, b the making of a female genital mutilation protection order under section 5C(1), 5E(1) or 5J(2), c the making of an interim female genital mutilation protection order under section 5F(1), d the making of an application under section 5M(1) to vary or discharge a female genital mutilation protection order, e the court's decision under subsection (1) or (5) of section 5M (including a decision to vary the order on an interim basis), f the making of an application under section 5N(2) to extend a female genital mutilation protection order, g the court's decision under subsection (2) or (7) of section 5N (including a decision to extend the order on an interim basis). 2 The persons are— a the chief constable, and b where the application or order relates to a purpose mentioned in section 5A(2)(a)(i) or (b), the relevant local authority within the meaning of section 5C(6)(a)(i) or (b)(i), unless the chief constable or, as the case may be, the local authority is already a party to proceedings in respect of the application or, as the case may be, order. 3 This section does not affect any rules of court otherwise requiring notification of applications, the making of orders or other decisions such as are mentioned in subsection (1). Offences relating to orders 5Q 1 A person commits an offence if the person knowingly and without reasonable excuse— a does anything which the person is prohibited from doing by a female genital mutilation protection order, or b fails to do something which the person is required to do by such an order. 2 A person commits an offence if the person knowingly and without reasonable excuse aids, abets, counsels, procures or incites another person— a to do anything the other person is prohibited from doing by a female genital mutilation protection order, or b to fail to do something which the other person is required to do by such an order. 3 A person commits an offence if the person— a knows that another person is prohibited from doing something by a female genital mutilation protection order, and b without reasonable excuse, the person does the prohibited thing. 4 A person commits an offence if the person— a knows that another person is required to do something by a female genital mutilation protection order, and b without reasonable excuse, prevents or hinders the person from doing the thing required. 5 A person may be prosecuted, tried and punished for an offence under this section in respect of any conduct or failure to act which occurred outside Scotland— a in any sheriff court district in which the person is apprehended or in custody, or b in such sheriff court district as the Lord Advocate may determine, as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district). 6 Where a person is convicted of an offence under this section in respect of any conduct or failure to act, the conduct or failure is not punishable as a contempt of court. 7 A person who commits an offence under this section is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). Offences relating to UK orders 5R 1 A person commits an offence if the person knowingly and without reasonable excuse— a does anything which the person is prohibited from doing by a relevant UK order, or b fails to do something which the person is required to do by such an order. 2 A person commits an offence if the person knowingly and without reasonable excuse aids, abets, counsels, procures or incites another person— a to do anything the other person is prohibited from doing by a relevant UK order, or b to fail to do something which the other person is required to do by such an order. 3 A person commits an offence under this section only if the conduct or failure to act would have constituted an offence under the law of the country applicable to the relevant UK order concerned. 4 A relevant UK order is— a an FGM protection order under schedule 2 of the Female Genital Mutilation Act 2003, b any other order under the law of England and Wales or Northern Ireland which— i appears to the Scottish Ministers to be equivalent or similar to a female genital mutilation protection order, and ii is of a type specified in regulations made by the Scottish Ministers. 5 A person who commits an offence under this section is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). 6 The power of the Scottish Ministers to make regulations under subsection (4)(b)(ii) includes the power— a to make different provision for different purposes, b to make any incidental, supplementary, consequential, transitional, transitory or saving provision which they consider appropriate. 7 Regulations under subsection (4)(b)(ii) are subject to the affirmative procedure. Guidance . Guidance Guidance relating to female genital mutilation 2 In the 2005 Act, after section 5R (as inserted by section 1) insert— Guidance relating to female genital mutilation 5S 1 The Scottish Ministers may give guidance to such persons, or such descriptions of persons, as they consider appropriate about— a the effect of this Act or any provision of it, or b any other matters relating to female genital mutilation. 2 A person exercising public functions to whom guidance is given under this section must have regard to it in the exercise of those functions. 3 The Scottish Ministers may not give guidance under this section to— a any court or tribunal, b the Lord Advocate, c a procurator fiscal. 4 The Scottish Ministers may from time to time revise any guidance given under this section. 5 Subsections (2) and (3) have effect in relation to any revised guidance. 6 Guidance given under this section (including any revised guidance) must be published in such manner as the Scottish Ministers think fit. . Guidance relating to female genital mutilation protection orders 3 In the 2005 Act, after section 5S (as inserted by section 2) insert— Guidance relating to female genital mutilation protection orders 5T 1 The Scottish Ministers must, no later than the day mentioned in subsection (7)— a publish guidance about female genital mutilation protection orders, and b specify in the guidance such persons, or such descriptions of persons, as they consider appropriate to whom the guidance applies. 2 A person to whom the guidance applies and who exercises public functions must have regard to it in the exercise of those functions. 3 The guidance may be published in such manner as the Scottish Ministers think fit. 4 The Scottish Ministers may not specify under subsection (1)(b)— a any court or tribunal, b the Lord Advocate, c a procurator fiscal. 5 The Scottish Ministers may from time to time revise any guidance published under this section. 6 Subsections (2) to (4) have effect in relation to any revised guidance. 7 The day referred to in subsection (1) is the day on which section 1 of the Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020 comes into force to the extent that it inserts section 5C, 5E or 5J into this Act and if those sections are inserted on different days, it is the earliest of those days. . Consequential modifications Offences: consequential modification 4 1 In section 5 of the 2005 Act, for “this Act” substitute “ section 1 or section 3 ” . 2 The title of section 5 of that Act becomes “ Penalties for offences under section 1 or 3 ” . Definitions of expressions in the 2005 Act 5 In section 6 of the 2005 Act, after “Act” where it first occurs, insert— “ an act of genital mutilation ” has the meaning given by section 5A(8); “ anonymity order ” has the meaning given by section 5G(2); “ chief constable ” means the chief constable of the Police Service of Scotland; “court” (except in sections 5J, 5K, 5S and 5T) means the sheriff (as defined in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010); “ female genital mutilation protection order ” has the meaning given by section 5A(1); “ interim female genital mutilation protection order ” means an order made under section 5F(1); “ protected person ” has the meaning given by section 5A(8); “ relevant local authority ” has the meaning given by section 5C(6); . Crown application of the 2005 Act 6 In the 2005 Act, after section 7 insert— Crown application 7A 1 Sections 5A to 5T apply to the Crown. 2 But nothing in section 5Q or 5R makes the Crown criminally liable. 3 The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (2). 4 Subsection (2) does not affect the criminal liability of persons in the service of the Crown. . Ancillary provision under the 2005 Act 7 In the 2005 Act, after section 7A (as inserted by section 6) insert— Ancillary provision 7B 1 The Scottish Ministers may by regulations make such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under subsection (1)— a which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, b are otherwise subject to the negative procedure. . Amendment of the Children's Hearings (Scotland) Act 2011 8 1 The Children's Hearings (Scotland) Act 2011 is amended as follows. 2 In section 62(5) (provision of information by the court)— a the word “or” immediately following paragraph (o) is repealed, b after paragraph (p) insert— q an application for the making, variation, discharge or extension of— i a female genital mutilation protection order (as defined in section 5A(1) of the Prohibition of Female Genital Mutilation (Scotland) Act 2005), or ii an interim female genital mutilation protection order (as defined in section 6 of that Act), r proceedings in which a court makes, varies, discharges or extends such an order as is mentioned in paragraph (q)(i) or (ii) by virtue of section 5E, 5F, 5M(5) or, as the case may be, 5N(7) of that Act (power to make, vary, discharge or extend orders without application), s proceedings in which a court makes such an order as is mentioned in paragraph (q)(i) by virtue of section 5J(2) of that Act (power to make orders on sentencing etc.), t proceedings in which a court makes a reference to the Lord Advocate by virtue of section 5K(2) of that Act (references by criminal court to the Lord Advocate), or u proceedings relating to an offence under section 5Q or 5R of that Act (offences of breaching order or equivalent UK order). . Jurisdiction of summary sheriff in relation to female genital mutilation protection orders 9 In schedule 1 of the Courts Reform (Scotland) Act 2014 (civil proceedings in relation to which summary sheriff has competence), after paragraph 5 insert— Female genital mutilation protection orders 5A Proceedings for or in relation to— a a female genital mutilation protection order (within the meaning of section 5A(1) of the Prohibition of Female Genital Mutilation (Scotland) Act 2005), b an interim female genital mutilation protection order under section 5F(1) of that Act. . Final provisions Meaning of “the 2005 Act” 10 In this Act, “ the 2005 Act ” means the Prohibition of Female Genital Mutilation (Scotland) Act 2005. Commencement 11 1 The following sections come into force on the day after Royal Assent— a section 1 to the extent that it inserts section 5R(4)(b)(ii) into the 2005 Act, for the purpose only of the regulation-making power in that section, b section 10, c this section, d section 12. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 12 The short title of this Act is the Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020. S. 1 in force at 25.4.2020 for specified purposes, see s. 11(1)(a)
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[uk-legislation-asp][asp] 2024-05-04 Scottish Biometrics Commissioner Act 2020
http://www.legislation.gov.uk/asp/2020/8/2020-12-01
http://www.legislation.gov.uk/asp/2020/8/2020-12-01 Scottish Biometrics Commissioner Act 2020 An Act of the Scottish Parliament to establish the office of Scottish Biometrics Commissioner and to provide for its functions in relation to the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes. text text/xml en Statute Law Database 2021-05-16 Expert Participation 2020-12-01 Scottish Biometrics Commissioner Act 2020 2020 asp 8 An Act of the Scottish Parliament to establish the office of Scottish Biometrics Commissioner and to provide for its functions in relation to the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 10th March 2020 and received Royal Assent on 20th April 2020 Establishment Scottish Biometrics Commissioner 1 1 The office of Scottish Biometrics Commissioner is established. 2 Schedule 1 makes further provision about the office. Functions Functions 2 1 The Commissioner's general function is to support and promote the adoption of lawful, effective and ethical practices in relation to the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes by— a the Police Service of Scotland, b the Scottish Police Authority, c the Police Investigations and Review Commissioner. 2 But the Commissioner's general function does not extend to biometric data in relation to which the Commissioner for the Retention and Use of Biometric Material has a function under section 20 of the Protection of Freedoms Act 2012. 3 In exercising that general function, the Commissioner is to— a keep under review the law, policy and practice relating to the acquisition, retention, use and destruction of biometric data by or on behalf of the persons referred to in subsection (1), b promote public awareness and understanding of the powers and duties those persons have in relation to the acquisition, retention, use and destruction of biometric data, how those powers and duties are exercised, and how the exercise of those powers and duties can be monitored or challenged, c promote, and monitor the impact of, the code of practice. 4 In complying with subsections (3)(a) and (b), the Commissioner is to have regard to the technology used or capable of being used for the purpose of acquiring, retaining, using or destroying biometric data. 5 The Commissioner may, in particular— a carry out, commission or support any research the Commissioner considers appropriate, b make recommendations in relation to any matter relevant to the Commissioner's general function. 6 In exercising the Commissioner's general function, the Commissioner must have regard to the interests of— a children and young persons, and b vulnerable persons. 7 The Scottish Ministers may by regulations amend subsection (1) so as to add a person or description of person, vary an entry listed in it, or remove an entry. 8 For the purpose of this section— “ children and young persons ” means individuals under the age of 18 years, “ vulnerable persons ” means individuals who, by reason of their personal circumstances or characteristics, may have difficulty understanding matters relating to the acquisition, retention, use and destruction of their biometric data by or on behalf of the persons referred to in subsection (1). Power to work with others 3 The Commissioner may, in the exercise of the Commissioner's functions, work jointly with, assist or consult— a the Scottish Parliament, b the Scottish Ministers, c the Lord Advocate, d the chief constable of the Police Service of Scotland, e Her Majesty's Inspectors of Constabulary in Scotland, f the Scottish Police Authority, g the Police Investigations and Review Commissioner, h the Information Commissioner, i the Commissioner for the Retention and Use of Biometric Material, j the Scottish Human Rights Commission, k such other persons as the Commissioner considers appropriate. General powers 4 1 The Commissioner may do anything which appears to the Commissioner— a to be necessary or expedient for the purposes of, or in connection with, the performance of the Commissioner's functions, or b to be otherwise conducive to the performance of those functions. 2 Despite the generality of subsection (1), the Commissioner may pay fees and allowances to a person for advice, assistance or any other service only with the approval of the Parliamentary corporation. Duty to comply with directions 5 1 The Commissioner must comply with any direction given to the Commissioner by the Parliamentary corporation in relation to— a the location of the Commissioner's office, b the sharing of premises, staff, services or other resources with any other officeholder or any public body, c the form and content of the Commissioner's annual report under section 32, d the process to be followed in appointing members of the advisory group established under section 33. 2 A direction under this section may vary or revoke a previous direction. 3 The Parliamentary corporation is to make any direction under this section publicly available. Report on the Commissioner's functions 6 1 The Scottish Ministers must, before the expiry of the period of 12 months beginning with the day after the last day of the period to which the Commissioner's first strategic plan relates— a prepare and publish a report on the Commissioner's functions, and b lay a copy of the report before the Scottish Parliament. 2 In preparing the report, the Scottish Ministers must consult such persons as they consider appropriate. 3 The report must include an assessment of whether— a the functions of the Commissioner remain appropriate, b the powers conferred by sections 2(7) and 9(4) should be exercised. 4 The Scottish Ministers must, before the expiry of the period of 5 years beginning with the day after the day on which the most recent relevant document was laid before the Scottish Parliament— a prepare and publish— i a report on the Commissioner's functions, or ii a statement setting out why they consider such a report to be unnecessary, and b lay a copy of the report or statement before the Scottish Parliament. 5 Subsections (2) and (3) apply to a report under subsection (4)(a)(i) as they apply to a report under subsection (1). 6 In this section, “ relevant document ” means— a a report under subsection (1) or (4)(a)(i), or b a statement under subsection (4)(a)(ii). Code of practice Code of practice 7 1 In furtherance of the Commissioner's general function, the Commissioner must prepare, and may from time to time revise, a code of practice on the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes. 2 The code of practice must include provision about when biometric data must be destroyed in cases where a relevant enactment does not make such provision. 3 In making provision in accordance with subsection (2), the Commissioner must have regard to the provision made by relevant enactments. 4 The code of practice may make different provision for different purposes. 5 Sections 8, 10 and 12 apply to a revised draft code of practice as they apply to a draft code of practice. 6 For the purpose of this section, the following are “relevant enactments”— a Part 2 of the Criminal Procedure (Scotland) Act 1995, b section 56 of the Criminal Justice (Scotland) Act 2003, c Chapter 4 of Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019. Key considerations in preparing the code 8 In preparing a draft code of practice, the Commissioner must have regard to the importance of— a promoting and protecting human rights, b promoting and protecting an individual's right to privacy, c promoting and protecting public confidence in the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes, and d ensuring the safety of individuals and communities. Effect of the code 9 1 The following persons must comply with the code of practice when exercising functions to which the code relates— a constables and police staff of the Police Service of Scotland, b the Scottish Police Authority, c the Police Investigations and Review Commissioner. 2 A court or tribunal in civil or criminal proceedings must take the code of practice into account when determining any question to which the code is relevant. 3 Failure to comply with the code of practice does not of itself give rise to grounds for any legal action. 4 The Scottish Ministers may by regulations amend subsection (1) so as to add a person or description of person, vary an entry listed in it, or remove an entry. 5 In this section, “ constable ” and “ police staff ” have the same meanings as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012. Consultation on the code 10 1 In preparing a draft code of practice, the Commissioner must consult— a the Scottish Ministers, b the Lord Advocate, c the Lord Justice General, d the Faculty of Advocates, e the Law Society of Scotland, f the chief constable of the Police Service of Scotland, g Her Majesty's Inspectors of Constabulary in Scotland, h the Scottish Police Authority, i the Police Investigations and Review Commissioner, j the Information Commissioner, k the Scottish Human Rights Commission, l the Commissioner for Children and Young People in Scotland, and m such other persons as the Commissioner considers appropriate. 2 For the purpose of subsection (1), it is immaterial that anything done by way of consultation was done before this section comes into force. Further procedure in relation to the first code 11 1 Having prepared a draft of the first code of practice with which the Commissioner, with the consent of the Scottish Ministers, wishes to proceed, the Commissioner must lay a copy of it before the Scottish Parliament. 2 In finalising a draft of the first code of practice, the Commissioner must have regard to any representations about it that are made to the Commissioner within 60 days of the date on which the copy of it is laid under subsection (1). 3 In calculating the period of 60 days for the purpose of subsection (2), no account is to be taken of any time during which the Parliament is dissolved or in recess for more than 4 days. Approval of the code 12 1 Once the Commissioner has finalised a draft code of practice, the Commissioner must submit it to the Scottish Ministers for approval. 2 The Scottish Ministers may approve a draft code of practice— a without modification, or b with such modifications as they, with the consent of the Commissioner, consider appropriate. 3 If the Scottish Ministers do not approve a draft code of practice, they must give the Commissioner a statement of their reasons for not approving it. Bringing the code into effect 13 1 A code of practice approved under section 12(2) has no effect until the day appointed for the code by regulations made by the Scottish Ministers. 2 Ministers must, when laying before the Scottish Parliament a draft of an instrument containing such regulations, also lay a copy of the approved code of practice. 3 The Commissioner must publish the approved code of practice as soon as reasonably practicable after the regulations are made. Report on the code 14 1 The Commissioner must— a keep the code of practice under review, b prepare and publish a report on the Commissioner's findings, and c lay a copy of the report before the Scottish Parliament. 2 The first report prepared under subsection (1) must be laid before the Parliament no later than 3 years after the date on which the first code of practice comes into effect. 3 Subsequent reports prepared under subsection (1) must be laid before the Parliament no later than 4 years after the date on which the last such report was laid. Complaints about failures to comply with the code 15 1 The Commissioner must provide for a procedure by which an individual, or someone acting on an individual's behalf, may make a complaint to the Commissioner that a person who is required by section 9(1) to comply with the code of practice has not done or is not doing so in relation to the individual's biometric data. 2 The procedure must provide for it to be available whether or not procedures— a established by the person about whom the complaint is made, and b which allow for the making of a complaint (or other representation) about the acquisition, retention, use or destruction of the individual's biometric data, have been or are being pursued. 3 In determining the procedure, the Commissioner must consult— a the Scottish Public Services Ombudsman, b the Information Commissioner, c the persons about whom a complaint may be made, and d such other persons as the Commissioner considers appropriate. 4 The Commissioner must give such publicity to the procedure as the Commissioner considers appropriate and must give a copy of the procedure to any person who requests it. 5 The Commissioner must keep the procedure under review and must vary it whenever, after consulting the persons mentioned in subsection (3), the Commissioner considers it appropriate to do so. 6 In subsections (2), (4) and (5), “ the procedure ” means the procedure for the time being in effect. Information-gathering Power to gather information 16 1 The Commissioner may require any person in relation to whom the Commissioner has functions under section 2(1) to supply information which the Commissioner reasonably requires for the purpose of— a determining whether persons who are required by section 9(1) to comply with the code of practice have done or are doing so, or b exercising any of the Commissioner's other functions. 2 Where a requirement is imposed under subsection (1), the Commissioner must give the person a written notice specifying— a the information, or the nature of the information, which is to be supplied, b the form in which it is to be supplied, c the date on or by which it is to be supplied, d in the case of information which is to be supplied by means of a statement in person, the place at which it is to be supplied, and e the particular matters in connection with which it is required. 3 A person is not obliged under this section to provide information which that person would be entitled to refuse to provide in proceedings in a court in Scotland. 4 The Commissioner may revoke any requirement imposed under subsection (1) by giving written notice to the person to whom notice of the requirement was given. 5 In this section, “ information ” includes unrecorded information. Failure to comply with an information notice 17 1 Where a person who is obliged to provide information in accordance with a notice issued under section 16— a refuses or fails, without reasonable excuse, to comply with any requirement specified in the notice, b attends to make a statement in person but refuses or fails, without reasonable excuse, to answer any question concerning the matters specified in the notice, or c alters, suppresses, conceals or destroys, without reasonable excuse, any information which the person is required to produce, the Commissioner may report the matter to the Court of Session. 2 The Commissioner may also report the matter to the Court of Session where the Commissioner considers that a person who is mentioned in subsection (1) is likely to do any of the things specified in paragraphs (a) to (c) of that subsection. 3 After receiving a report under subsection (1) or (2) and hearing any evidence or representations on the matter, the Court may (either or both)— a make such order for enforcement as it considers appropriate, b deal with the matter as if it were a contempt of court. Admissibility of statements in criminal proceedings 18 An oral or written statement made by a person which the person was required to give under section 16 is not admissible in any criminal proceedings against that person. Offence of Commissioner's office disclosing confidential information 19 1 A person mentioned in subsection (2) commits an offence if— a the person knowingly discloses any information which— i has been obtained by or on behalf of the Commissioner for the purposes of exercising the Commissioner's functions, and ii at the time of disclosure is not, and has not previously been, in the public domain, and b the disclosure is not authorised by subsection (3). 2 The persons referred to in subsection (1) are persons who are or have been— a the Commissioner, b a member of the Commissioner's staff, c an agent of the Commissioner. 3 For the purposes of subsection (1)(b), disclosure is authorised only so far as— a it is made with the consent of the person from whom the information was obtained, b it is necessary for the purpose of enabling or assisting the exercise of the Commissioner's functions under this Act, or c it is made for the purposes of legal proceedings, whether criminal or civil (including for the purposes of the investigation of any offence or suspected offence). 4 A person who commits an offence under subsection (1) is liable— a on summary conviction, to a fine not exceeding the statutory maximum, or b on conviction on indictment, to a fine. Reporting Reports and recommendations 20 1 If the Commissioner determines that a person who is required by section 9(1) to comply with the code of practice has not done or is not doing so, the Commissioner must prepare and publish a report about that failure unless the Commissioner considers that it is sufficiently minor not to merit it. 2 The Commissioner may prepare and publish a report about any other matter relating to the Commissioner's functions. 3 The Commissioner must lay a copy of any report published under subsection (1) or (2) before the Scottish Parliament. 4 A report prepared under subsection (1) may relate to separate failures by different persons. 5 A report under subsection (1) or (2) may include recommendations— a in relation to compliance with section 9(1), b in relation to the technology used or capable of being used for the purpose of acquiring, retaining, using or destroying biometric data, and c about any other matter relating to the Commissioner's functions. 6 The Commissioner must ensure that a report does not include any information that, in the Commissioner's opinion, it would be inappropriate to include on the ground that to do so— a would or might be unlawful, b would or might prejudice the administration of justice, or c would not be in the public interest. Requirement to respond to reports 21 1 Where a report under section 20(1) or (2) includes a recommendation— a addressed to a person in relation to whom the Commissioner has functions under section 2(1), and b relating to the technology used or capable of being used for the purpose of acquiring, retaining, using or destroying biometric data, the Commissioner must, in the report, impose on the person a requirement to respond to the recommendation. 2 Where a report under section 20(1) or (2) includes a recommendation— a addressed to a person in relation to whom the Commissioner has functions under section 2(1), and b which is not a recommendation to which the duty in subsection (1) applies, the Commissioner may, in the report, impose on the person a requirement to respond to the recommendation. 3 Where a requirement to respond is imposed under subsection (1) or (2)— a the Commissioner must give a copy of the report to the person to whom the recommendation is addressed, and b the person must provide a written statement within such reasonable period as the Commissioner specifies. 4 The statement must set out— a what the person has done or proposes to do in response to the recommendation, or b if the person does not intend to implement the recommendation (in full or in part), the reasons for that. Publication of responses to reports 22 1 The Commissioner must— a publish any statement provided in response to a requirement to respond imposed under section 21, and b lay a copy of it before the Scottish Parliament. 2 Subsection (1) does not apply if, or to the extent that, the Commissioner considers publication and laying to be inappropriate. 3 In particular, the Commissioner must ensure that, so far as reasonably practicable, the version of the statement which is published and laid under subsection (1) does not include any information which would not, under section 20(6), be included in a report. 4 The Commissioner may, in such manner as the Commissioner considers appropriate, publicise a failure to comply with a requirement to respond. Compliance notices Compliance notices 23 1 Where the Commissioner considers that a person who is required by section 9(1) to comply with the code of practice has not done or is not doing so, the Commissioner may issue a compliance notice to the person. 2 A “compliance notice” is a notice requiring the person to whom it is issued to take the steps set out in the notice in order to address the person's failure to comply with the code of practice. Content of a compliance notice 24 A compliance notice must include— a a statement of the grounds for issuing the notice, including a statement of— i the provision of the code of practice which the Commissioner considers that the person has not complied with, ii the act or omission which has caused the Commissioner to conclude that the code of practice has not been complied with, b details of the steps that the Commissioner requires the person to whom the notice is issued to take in order to— i comply with the code of practice, or ii ensure that the code of practice will be complied with in future, c the date of issue of the notice, d the period of time within which the required steps are to be taken, e information about the person to whom, and as to how and by when, any representations about the notice may be made, f an explanation of the consequences of failure to comply with the requirements of the notice. Variation of a compliance notice 25 1 The Commissioner may vary a compliance notice— a so as to extend the period of time within which the required steps are to be taken, and b with the consent of the person to whom the notice was issued, so as to modify the required steps. 2 A compliance notice may be varied at any time before the expiry of the period within which the required steps are to be taken. 3 A compliance notice is varied by— a in the case of a variation under subsection (1)(a), issuing a notice in writing to the person to whom the compliance notice was issued, b in the case of a variation under subsection (1)(b), agreement in writing between the Commissioner and the person to whom the compliance notice was issued. Revocation of a compliance notice 26 1 The Commissioner may revoke a compliance notice. 2 A compliance notice may be revoked— a at any time before completion of the steps that are to be taken to comply with it, b by issuing a notice in writing to that effect to the person to whom the compliance notice was issued. Failure to comply with a compliance notice 27 1 Where a person to whom a compliance notice has been issued refuses or fails, without reasonable excuse, to comply with the notice, the Commissioner may report the matter to the Court of Session. 2 After receiving a report under subsection (1) and hearing any evidence or representations on the matter, the Court may (either or both)— a make such order for enforcement as it considers appropriate, b deal with the matter as if it were a contempt of court. Accountability Strategic plans 28 1 The Commissioner must, in respect of each 4 year period— a prepare and publish a strategic plan, and b lay a copy of the plan before the Scottish Parliament before the beginning of the 4 year period to which it relates. 2 Before publishing a strategic plan, the Commissioner must consult on a draft of it with— a the Parliamentary corporation, and b such other persons as the Commissioner considers appropriate. 3 A strategic plan is a plan setting out how the Commissioner proposes to perform the Commissioner's functions during the period covered by the plan and, in particular, setting out— a what the Commissioner's objectives and priorities are for that period, b how the Commissioner proposes to achieve them, c what the timetable is for doing so, and d what the estimated costs are of doing so. 4 The Commissioner may, at any time, review and revise a strategic plan. 5 Where the Commissioner revises a strategic plan— a subsections (1) to (4) apply to the revised strategic plan as they apply to the original strategic plan, b the reference in subsection (1) to the 4 year period is to be read as a reference to the period to which the revised strategic plan relates. 6 In this section, “ 4 year period ” means— a the period of 4 years beginning with 1 December 2021 , and b each subsequent period of 4 years. Budgets 29 1 The Commissioner must, before the start of each financial year— a prepare proposals for the Commissioner's use of resources and expenditure during the year (a “budget”), and b by such date as the Parliamentary corporation determines, send the budget to it for approval. 2 The Commissioner may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval. 3 In preparing a budget or revised budget, the Commissioner must ensure that the Commissioner's resources will be used economically, efficiently and effectively. 4 A budget or revised budget must contain a statement confirming that the Commissioner has complied with the duty under subsection (3). Accountable officer 30 1 The Parliamentary corporation must designate the Commissioner or a member of the Commissioner's staff as the accountable officer for the purposes of this section. 2 The functions of the accountable officer are— a signing the accounts of the expenditure and receipts of the Commissioner, b ensuring the propriety and regularity of the finances of the Commissioner, c ensuring that the resources of the Commissioner are used economically, efficiently and effectively, and d where the accountable officer is not the Commissioner, the duty set out in subsection (3). 3 The duty referred to in subsection (2)(d) is a duty, where the accountable officer is required to act in a way that the accountable officer considers would be inconsistent with the proper performance of the functions specified in subsections (2)(a) to (c), to— a obtain written authority from the Commissioner before taking the action, and b send a copy of that authority as soon as possible to the Auditor General for Scotland. 4 The accountable officer is answerable to the Scottish Parliament for the performance of the functions in subsection (2). Accounts and audit 31 1 The Commissioner must— a keep proper accounts and accounting records, b prepare in respect of each financial year a statement of accounts, and c send a copy of the statement to the Auditor General for Scotland for auditing. 2 The Commissioner must comply with any directions which the Scottish Ministers give the Commissioner in relation to the matters mentioned in subsection (1)(a) and (b). 3 The Commissioner must make the audited statement of accounts available, without charge, for inspection at all reasonable times. Annual report 32 1 The Commissioner must, in respect of each financial year— a prepare and publish a report on the Commissioner's activities during that year, and b lay a copy of the report before the Scottish Parliament before the expiry of the period of 7 months beginning with the last day of that year. 2 The report must include— a a review of issues identified by the Commissioner in the financial year as being relevant to the use of biometric data for criminal justice and police purposes, b a review of the Commissioner's activity in that year, including the steps taken to fulfil each of the Commissioner's functions, c any recommendations by the Commissioner arising out of such activity. Advisory group Advisory group 33 1 The Commissioner must establish and maintain an advisory group. 2 The purpose of the group is to give advice and information to the Commissioner about matters relating to the Commissioner's functions. 3 The members of the group are to be such persons as the Commissioner determines, subject to the approval of the Parliamentary corporation as to— a the number of members, and b the persons to be appointed. 4 The Commissioner may pay to members of the group such remuneration and allowances (including expenses) as the Commissioner, with the approval of the Parliamentary corporation, determines. 5 The procedure of the group is to be such as the Commissioner determines. Meaning of key terms Meaning of “biometric data” 34 1 In this Act, “ biometric data ” means information about an individual's physical, biological, physiological or behavioural characteristics which is capable of being used, on its own or in combination with other information (whether or not biometric data), to establish the identity of an individual. 2 For the purposes of subsection (1), “ biometric data ” may include— a physical data comprising or derived from a print or impression of or taken from an individual's body, b a photograph or other recording of an individual's body or any part of an individual's body, c samples of or taken from any part of an individual's body from which information can be derived, and d information derived from such samples. Power to change meaning of “biometric data” 35 The Scottish Ministers may by regulations modify section 34 so as to change, or clarify, the meaning of “biometric data” in this Act. Interpretation 36 In this Act, except where the context requires otherwise— “ code of practice ” means the code of practice for the time being in effect by virtue of section 13, “ Commissioner ” means the Scottish Biometrics Commissioner, “ Parliamentary corporation ” means the Scottish Parliamentary Corporate Body. Final provisions Regulations 37 1 Any power of the Scottish Ministers to make regulations under this Act includes the power to make— a incidental, supplementary, consequential, transitional, transitory or saving provision, b different provision for different purposes. 2 Regulations under sections 2(7), 9(4), 13(1) and 35 are subject to the affirmative procedure. 3 Regulations under section 38— a which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, b otherwise, are subject to the negative procedure. 4 This section does not apply to regulations under section 40(2). Ancillary provision 38 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 2 Regulations under subsection (1) may modify any enactment (including this Act). Application of public authorities legislation 39 Schedule 2 amends other Acts so that their provisions apply to the office of Commissioner. Commencement 40 1 This section and sections 37, 38 and 41 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a make different provision for different purposes, b include transitional, transitory or saving provision. 4 Regulations under this section bringing section 28 into force may amend subsection (6)(a) of that section so that, instead of referring to the period of 4 years beginning with 1 April next following the coming into force of that section, it specifies the date on which the period actually begins. Short title 41 The short title of this Act is the Scottish Biometrics Commissioner Act 2020. SCHEDULE 1 The office of Scottish Biometrics Commissioner (introduced by section 1) Status 1 1 The Commissioner— a is not a servant or agent of the Crown, and b does not enjoy any status, immunity or privilege of the Crown. 2 The Commissioner is, as Commissioner, to be regarded as a juristic person distinct from the individual for the time being holding the office. 3 The Commissioner's staff are not to be regarded as civil servants. Appointment 2 1 The office of Commissioner is to be held by an individual appointed by Her Majesty on the nomination of the Scottish Parliament. 2 An individual may not be appointed to hold the office of Commissioner if the individual is disqualified under paragraph 3. 3 An individual who holds or has held the office of Commissioner may not be reappointed. Disqualification from appointment 3 An individual is disqualified from holding the office of Commissioner if the individual is or, within the year preceding the date on which the appointment is to take effect, has been— a a member of the Scottish Parliament, b a member of the House of Commons, c a member of the House of Lords, d a member of the European Parliament, e a person who is, or who is a member, employee or appointee of, a person in relation to whom the Commissioner has functions under section 2(1). Tenure 4 Subject to paragraph 5, the Commissioner holds office for such period, not exceeding 8 years, as the Parliamentary corporation determines at the time of appointment. Early termination 5 1 The Commissioner's appointment ends if— a the Commissioner is relieved of office by Her Majesty at the Commissioner's request, b the Commissioner becomes disqualified from holding office (see paragraph 3), or c the Commissioner is removed from office in accordance with sub-paragraph (2). 2 The Commissioner may be removed from office by Her Majesty if— a either of the conditions in sub-paragraph (3) is met, and b the number of members voting in favour of the resolution referred to in the condition in question is at least two thirds of the total number of seats for members of the Scottish Parliament. 3 The conditions are— a that— i the Parliamentary corporation is satisfied that the Commissioner has breached the Commissioner's terms and conditions of appointment, and ii the Parliament resolves that the Commissioner should be removed from office for that breach, b the Parliament resolves that it has lost confidence in the Commissioner's willingness, suitability or ability to perform the Commissioner's functions. Validity of things done 6 The validity of anything done by the Commissioner is not affected by— a a defect in the nomination of the Commissioner, b the disqualification of an individual as the Commissioner after appointment. Remuneration and pensions, etc. 7 1 The Parliamentary corporation may pay the Commissioner such remuneration and allowances (including expenses) as the Parliamentary corporation determines. 2 The Parliamentary corporation must indemnify the Commissioner in respect of any liabilities incurred by the Commissioner in the exercise of the Commissioner's functions. 3 The Parliamentary corporation may pay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of, any individual who holds or has held the office of Commissioner as the Parliamentary corporation determines. 4 Those arrangements may include— a making payments towards the provision of those pensions, allowances and gratuities, b providing and maintaining schemes for the payment of those pensions, allowances and gratuities. 5 The reference in sub-paragraph (3) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office. Subsequent appointments etc. 8 1 A person who has ceased to be the Commissioner may not, without the approval of the Parliamentary corporation— a be employed or appointed in any other capacity by the Commissioner, b be a person who is, or who is a member, employee or appointee of, a person in relation to whom the Commissioner has functions under section 2(1), c hold any other office, employment or appointment or engage in any other occupation which, by virtue of paragraph 9(2)(a), that person could not have held or engaged in when Commissioner. 2 The restriction in sub-paragraph (1)— a starts when the person ceases to be the Commissioner, and b ends on the expiry of the financial year next following the one in which it started. Other terms and conditions 9 1 The Parliamentary corporation may, subject to any provision made by this Act, determine the terms and conditions on which the Commissioner is appointed. 2 Those terms and conditions may— a prohibit the Commissioner from holding any other specified office, employment or appointment or engaging in any other specified occupation, b provide that the Commissioner's holding of any such office, employment or appointment or engagement in any such occupation is subject to the approval of the Parliamentary corporation. 3 In sub-paragraph (2)(a), “ specified ” means specified (by name or description) in the Commissioner's terms and conditions. Temporary appointments 10 1 This paragraph applies during any period when— a the office of Commissioner is vacant, or b the individual holding the office is for any reason unable to perform the Commissioner's functions. 2 The Parliamentary corporation may appoint an individual to act as the Commissioner during that period. 3 An individual is eligible for appointment under sub-paragraph (2) only if the individual— a is a member of the Commissioner's staff, or b is not disqualified from holding the office of Commissioner under paragraph 3. 4 An individual appointed under sub-paragraph (2)— a is appointed on such terms and conditions, and for such period, as the Parliamentary corporation determines, b while acting as Commissioner is to be treated as the Commissioner for all purposes except those of paragraphs 4, 5 and 7(3). 5 An appointment under sub-paragraph (2) ends if— a the individual is relieved of office by the Parliamentary corporation at the individual's request, or b the individual is removed from office by the Parliamentary corporation by notice in writing. Appointment of staff 11 The Commissioner may, with the consent of the Parliamentary corporation as to numbers, appoint staff. Staff terms and conditions 12 Staff appointed by the Commissioner are appointed on such terms and conditions as the Commissioner, with the approval of the Parliamentary corporation, determines. Staff pensions 13 1 The Commissioner may, with the approval of the Parliamentary corporation, pay or make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any individual who is or has been a member of staff of the Commissioner. 2 Those arrangements may include— a making payments towards the provision of those pensions, allowances and gratuities, b providing and maintaining schemes for the payment of those pensions, allowances and gratuities. 3 The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office. Authority to perform functions 14 1 The Commissioner may authorise any person to perform such of the Commissioner's functions (and to such extent) as the Commissioner determines. 2 The giving of authority under sub-paragraph (1) does not— a affect the Commissioner's responsibility for the performance of the functions, b prevent the Commissioner from performing the functions. SCHEDULE 2 Application of public authorities legislation (introduced by section 39) Scottish Public Services Ombudsman Act 2002 1 In Part 2 of schedule 2 of the Scottish Public Services Ombudsman Act 2002 (Scottish public authorities liable to investigation), before paragraph 37 insert— 36A The Scottish Biometrics Commissioner. . Freedom of Information (Scotland) Act 2002 2 In Part 7 of schedule 1 of the Freedom of Information (Scotland) Act 2002 (other Scottish public authorities to which the Act applies), after paragraph 79A insert— 79B The Scottish Biometrics Commissioner. . Public Services Reform (Scotland) Act 2010 3 In the Public Services Reform (Scotland) Act 2010— a in schedule 5 (Scottish public authorities with mixed or no reserved functions to which Part 2 order-making powers apply), after the entry relating to the Scottish Agricultural Wages Board insert— “ Scottish Biometrics Commissioner ” , b in schedule 6 (bodies for which request and consent required for use of Part 2 order-making powers), after the entry relating to the Commissioner for Children and Young People in Scotland insert— “ Scottish Biometrics Commissioner ” , c in schedule 8 (bodies required to provide information on exercise of public functions), after the entry relating to the Scottish Agricultural Wages Board insert— “ Scottish Biometrics Commissioner ” . Public Records (Scotland) Act 2011 4 In the schedule of the Public Records (Scotland) Act 2011 (other authorities to which Part 1 applies), after the entry relating to the Scottish Agricultural Wages Board insert— “ Scottish Biometrics Commissioner ” . Procurement Reform (Scotland) Act 2014 5 In Part 3 of the schedule of the Procurement Reform (Scotland) Act 2014 (other contracting authorities to which the Act applies), before paragraph 44 insert— 43A Scottish Biometrics Commissioner . S. 1 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 2 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 3 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 4 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 5 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 6 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 7 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 8 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 9 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 10 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 11 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 12 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 13 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 14 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 15 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 16 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 17 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 18 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 19 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 20 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 21 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 22 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 23 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 24 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 25 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 26 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 27 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 28 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 29 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 30 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 31 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 32 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 33 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 34 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 35 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 36 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 S. 39 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 2 para. 1 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 2 para. 2 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 2 para. 3 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 2 para. 4 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 2 para. 5 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 1 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 2 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 3 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 4 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 5 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 6 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 7 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 8 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 9 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 10 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 11 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 12 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 13 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Sch. 1 para. 14 in force at 1.12.2020 by S.S.I. 2020/250 , reg. 2 Words in s. 28(6)(a) substituted (1.12.2020) by The Scottish Biometrics Commissioner Act 2020 (Commencement) Regulations 2020 (S.S.I. 2020/250) , regs. 1(1) , 3
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[uk-legislation-asp][asp] 2024-05-04 Scottish Elections (Franchise and Representation) Act 2020
http://www.legislation.gov.uk/asp/2020/6/2020-08-03
http://www.legislation.gov.uk/asp/2020/6/2020-08-03 Scottish Elections (Franchise and Representation) Act 2020 An Act of the Scottish Parliament to enfranchise certain persons in respect of Scottish parliamentary and local government elections; to extend to certain persons the right to vote at, stand for election at, and hold office as elected members following, Scottish parliamentary and local government elections; and for connected purposes. text text/xml en Statute Law Database 2020-10-22 Expert Participation 2020-08-03 Scottish Elections (Franchise and Representation) Act 2020 2020 asp 6 An Act of the Scottish Parliament to enfranchise certain persons in respect of Scottish parliamentary and local government elections; to extend to certain persons the right to vote at, stand for election at, and hold office as elected members following, Scottish parliamentary and local government elections; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th February 2020 and received Royal Assent on 1st April 2020 PART 1 Foreign nationals Enfranchisement for Scottish elections Voting by qualifying foreign nationals 1 1 The Representation of the People Act 1983 is amended as follows. 2 In section 2(1) (local government electors), in paragraph (c)— a after “or” insert “— i except in Scotland, , b after “Union;” insert— ii in Scotland, a qualifying foreign national, . 3 In section 4(3) (entitlement to be registered as a local government elector), in paragraph (c)— a after “or” insert “— i except in relation to a local government election in Scotland, , b after “Union;” insert— ii in relation to a local government election in Scotland, a qualifying foreign national, . 4 In section 7B (notional residence: declarations of local connection)— a in subsection (3)(e)— i after “elections” insert “ other than in Scotland ” , and ii after “Union” insert “ or (if the declaration is made for the purposes only of the registration of local government electors in Scotland) a qualifying foreign national ” , and b in subsection (7B), after paragraph (aa) (inserted by section 8(2)(c) of this Act) insert— ab a declaration of local connection made by a qualifying foreign national, . 5 In section 15(5B) (service declaration), after paragraph (a) insert— aa a service declaration made by a qualifying foreign national, . 6 In section 16(1) (contents of service declaration), in paragraph (e)— a after “or” in the second place it occurs insert “ (except where the declaration is made for the purposes only of the registration of local government electors in Scotland) ” , and b after “Union” insert “ or (if the declaration is made for the purposes only of the registration of local government electors in Scotland) a qualifying foreign national ” . 7 In section 17(1) (effect of service declaration), in paragraph (c)— a after “or” in the second place it occurs insert “ (in relation to a declaration made other than for the purposes of the registration of local government electors in Scotland) ” , and b after “Union” insert “ or (in relation to a declaration made for the purposes of the registration of local government electors in Scotland) a qualifying foreign national ” . 8 In section 49(5)(b) (effect of registers), after sub-paragraph (iv) insert— v in the case of a person registered as a local government elector in Scotland or entered in the list of proxies by virtue of being a qualifying foreign national, a qualifying foreign national, . 9 In section 202 (general provisions as to interpretation), after the definition of “qualifying address” in subsection (1) insert— “ qualifying foreign national ” means a person of any nationality who— a is not a Commonwealth citizen or a citizen of the Republic of Ireland, and b either— i is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or ii is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave, . Candidacy etc. Scottish parliamentary elections: nomination, election and holding office 2 In section 16 of the Scotland Act 1998 (exceptions and relief from disqualification)— a subsection (2) is repealed, b after subsection (2) insert— 2A A person is not disqualified from being a member of the Parliament merely because of section 3 of the Act of Settlement, provided the person— a is resident in the United Kingdom, and b meets one of the conditions mentioned in subsection (2B). 2B The conditions are that the person— a is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom (excluding a person who does not require such leave by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases)), or b is such a person but for the time being— i has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act, or ii has pre-settled status. 2C For the purposes of subsection (2B)(b)(ii), a person has pre-settled status if the person has limited leave to remain in the United Kingdom granted by virtue of residence scheme immigration rules (within the meaning of section 17(1) of the European Union (Withdrawal Agreement) Act 2020). . Local government elections: nomination, election and holding office 3 1 Section 29 of the Local Government (Scotland) Act 1973 (qualifications for nomination, election and holding office as a member of a local authority in Scotland) is amended as follows. 2 In subsection (1), for “relevant citizen of the Union” substitute “ qualifying foreign national ” . 3 In subsection (2), the following definitions are repealed— “ citizen of the Union ”, “ relevant citizen of the Union ” . 4 After subsection (4) insert— 5 For the purposes of this section, a “ qualifying foreign national ” means a person of any nationality who— a is not a Commonwealth citizen or a citizen of the Republic of Ireland, and b meets one of the conditions mentioned in subsection (6). 6 The conditions are that the person— a is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom (excluding a person who does not require such leave by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases)), or b is such a person but for the time being— i has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act, or ii has pre-settled status. 7 For the purposes of subsection (6)(b)(ii), a person has pre-settled status if the person has limited leave to remain in the United Kingdom granted by virtue of residence scheme immigration rules (within the meaning of section 17(1) of the European Union (Withdrawal Agreement) Act 2020). . PART 2 Persons who received a severance payment within the meaning of section 12 of the Local Governance (Scotland) Act 2004 Repeal of disqualification for nomination, election and holding office as member of a local authority 4 In section 29 of the Local Government (Scotland) Act 1973 (qualifications for nomination, election and holding office as a member of a local authority), subsection (1A) is repealed. PART 3 Prisoners etc. Enfranchisement for Scottish elections Voting by convicted persons sentenced to terms of 12 months or less 5 1 Section 3 of the Representation of the People Act 1983 (disenfranchisement of offenders in prison etc.) is amended as follows. 2 In subsection (1), after “election” insert “ , unless subsection (1A) applies to that person ” . 3 After subsection (1), insert— 1A A convicted person is not legally incapable of voting at a local government election in Scotland by virtue of subsection (1) during the time that the person is detained in a penal institution in pursuance of a sentence imposed for a term not exceeding 12 months. 1B In calculating the term of a sentence of a convicted person for the purpose of subsection (1A), terms that are consecutive or concurrent to any extent are to be treated as a single term if the sentences were imposed on that person— a on the same occasion, or b on different occasions but the convicted person was not released (other than on temporary release) at any time during the period beginning with the first occasion and ending with the last. . Review of operation of section 5 6 1 The Scottish Ministers must— a undertake a review of the operation of section 5 of this Act with a view to considering whether the length of sentence expressed in section 3(1A) of the Representation of the People Act 1983 is appropriate, and b prepare and publish a report on that review. 2 The Scottish Ministers must lay a copy of the report before the Scottish Parliament. 3 In carrying out the review, the Scottish Ministers must consult such persons as they consider appropriate. 4 The report on the review must be prepared, published and laid before the Scottish Parliament no later than 4 May 2023. Registration Residence of convicted persons in prison etc.: uninterrupted residence 7 After section 7A of the Representation of the People Act 1983 insert— Residence: convicted person to whom section 3(1A) applies 7AA 1 This section applies to a convicted person to whom section 3(1A) applies. 2 In determining whether the convicted person is resident in a dwelling on the relevant date for the purpose of section 4(3)(a), the convicted person's residence is not to be taken to have been interrupted by reason of the convicted person's detention in a penal institution if— a the convicted person— i intends to resume actual residence when released from the penal institution (other than on temporary release), and ii will not be prevented from doing so by an order of any court, or b the dwelling serves as a permanent place of residence (whether for the convicted person alone or with other persons) and the convicted person would be in actual residence there but for the convicted person's detention. . Residence of convicted persons in prison etc.: notional residence 8 1 In section 5(6) of the Representation of the People Act 1983 (residence of persons detained in legal custody), for “and 7A” substitute “ , 7A and 7B (in so far as it relates to a declaration made for the purposes only of the registration of local government electors in Scotland) ” . 2 In section 7B of the Representation of the People Act 1983 (notional residence: declarations of local connection)— a after subsection (2C), insert— 2D In relation to the registration of local government electors in Scotland, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)— a is a convicted person to whom section 3(1A) applies, and b would not be entitled to be registered by virtue of residence at any place other than the penal institution in which the convicted person is detained. , b in subsection (4), after paragraph (c) insert— d in the case of a convicted person falling within subsection (2D)— i the address in Scotland where the convicted person would be residing but for the person's detention, ii if the convicted person cannot give an address under sub-paragraph (i), the address in Scotland at which the person was resident immediately before the person's detention (but not the address of a penal institution) or, if the person was homeless at that time, the address of, or which is nearest to, a place in Scotland where the person commonly spent a substantial part of the person's time (whether during the day or at night), or iii if the convicted person cannot give an address under sub-paragraph (i) or (ii) (or can only give an address at which the person would be prevented from residing because of an order of any court), the address of the penal institution at which the convicted person is detained unless the person has a home outwith Scotland or would otherwise not be resident in Scotland but for the person's detention. , and c in subsection (7B), after paragraph (a) insert— aa a declaration of local connection made by virtue of subsection (2D), . Method of voting Method of voting by convicted persons at local government elections 9 1 Schedule 4 of the Representation of the People Act 2000 (absent voting) is amended as follows. 2 In paragraph 2 (manner of voting), after sub-paragraph (6) insert— 6ZA In relation to a local government election in Scotland, nothing in the preceding provisions of this paragraph applies to a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies; and such a person may only vote by post or by proxy (where the person is entitled as an elector to vote by post or, as the case may be, by proxy at the election). . 3 In paragraph 3(3) (absent vote at elections for definite or indefinite period)— a the word “or” at the end of paragraph (c) is repealed, and b at the end of paragraph (d) insert , or e in the case of local government elections in Scotland, if the person is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, . 4 In paragraph 6 (proxies at elections), after sub-paragraph (5A) insert— 5B A person is not capable of voting as proxy at a local government election in Scotland if on the date of the election the person is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders in prison sentenced to term not exceeding 12 months) applies. . Consequential modifications Consequential modifications 10 The schedule contains modifications of enactments in consequence of Part 3. PART 4 Final provisions Ancillary provision 11 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 2 Regulations under this section may— a make different provision for different purposes, b modify any enactment (including this Act). 3 Regulations under this section— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), b otherwise are subject to the negative procedure. Commencement 12 1 Part 3 and this Part come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 13 The short title of this Act is the Scottish Elections (Franchise and Representation) Act 2020. SCHEDULE Modifications of enactments in consequence of Part 3 (introduced by section 10) The Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 1 1 The `Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 (S.S.I. 2007/170) are amended as follows. 2 After regulation 9, insert— Additional requirements for applications for a proxy vote for a particular or indefinite period based on detention in a penal institution 9A An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(e) (absent vote at elections for definite or indefinite period - offenders sentenced to term not exceeding 12 months) of Schedule 4 must state— a that the applicant is eligible to vote by proxy at local government elections on grounds relating to the applicant's detention in a penal institution, and b the name of the penal institution at which the applicant is detained. . 3 In regulation 10 (additional requirements for applications for a proxy vote in respect of a particular election), after paragraph (5D) insert— 5E Paragraph (5F) applies where an application under paragraph 4(2) of Schedule 4— a is made on grounds relating to the applicant's detention in a penal institution, and b is made after 5pm on the sixth day before the date of a poll at the election for which it is made. 5F The application must, in addition to providing the information required by paragraph (1), state— a that the applicant is detained in a penal institution, and b the name of the penal institution at which the applicant is detained. . The Scottish Parliament (Elections etc.) Order 2015 2 1 The Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425) is amended as follows. 2 In article 7(6) (manner of voting at Scottish parliamentary elections)— a the word “or” at the end of sub-paragraph (a) is revoked, b at the end of sub-paragraph (b), insert ; or c a person to whom section 3(1A) of that Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies, and such a person may only vote by post or by proxy (where the person is entitled as an elector to vote by post or, as the case may be, by proxy at the election). . 3 In article 8(3) (absent vote at Scottish parliamentary elections for an indefinite period or a particular period)— a the word “or” at the end of sub-paragraph (d) is revoked, b at the end of sub-paragraph (e), insert ; or f is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies. . 4 In article 10 (proxies at Scottish parliamentary elections), after paragraph (4) insert— 4A A person is not capable of voting as proxy at a Scottish parliamentary election if on the date of the election the person is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies. . 5 In schedule 3 (absent voting)— a after paragraph 6, insert— Additional requirements for applications for a proxy vote for a particular or indefinite period based on detention in a penal institution 6A An application to vote by proxy for a particular or indefinite period under article 8(3)(f) (application by offender sentenced to term not exceeding 12 months) must state— a that the applicant is eligible to vote by proxy at Scottish parliamentary elections on grounds relating to the applicant's detention in a penal institution, and b the name of the penal institution at which the applicant is detained. , b in paragraph 7 (additional requirements for applications for a proxy vote in respect of a particular election), after sub-paragraph (7) insert— 7A Sub-paragraph (7B) applies where an application under article 9(2) to vote by proxy at a particular election— a is made on grounds relating to the applicant's detention in a penal institution, and b is made after 5pm on the sixth day before the date of a poll at the election for which it is made. 7B The application must, in addition to providing the information required by sub-paragraph (1), state— a that the applicant is detained in a penal institution, and b the name of the penal institution at which the applicant is detained. . S. 1 in force at 3.8.2020 by S.S.I. 2020/162 , reg. 2 S. 2 in force at 3.8.2020 by S.S.I. 2020/162 , reg. 2 S. 3 in force at 3.8.2020 by S.S.I. 2020/162 , reg. 2 S. 4 in force at 3.8.2020 by S.S.I. 2020/162 , reg. 2
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[uk-legislation-asp][asp] 2024-05-04 Non-Domestic Rates (Scotland) Act 2020
http://www.legislation.gov.uk/asp/2020/4/2023-04-01
http://www.legislation.gov.uk/asp/2020/4/2023-04-01 Non-Domestic Rates (Scotland) Act 2020 An Act of the Scottish Parliament to make provision about non-domestic rates. text text/xml en Statute Law Database 2023-05-31 Expert Participation 2023-04-01 Non-Domestic Rates (Scotland) Act 2020 specified provision(s) The Non-Domestic Rates (Scotland) Act 2020 (Commencement No. 2, Transitional and Saving Provisions) Amendment Regulations 2021 reg. 2(2) Non-Domestic Rates (Scotland) Act 2020 2020 asp 4 An Act of the Scottish Parliament to make provision about non-domestic rates. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 5th February 2020 and received Royal Assent on 11th March 2020 PART 1 Overview of Act and interpretation of references to other Acts Overview of Act and interpretation of references to other Acts 1 1 This Act is arranged as follows— Part 2 amends the law about the administration and enforcement of non-domestic rates, Part 3 makes provision about information-gathering powers for assessors and local authorities, Part 4 makes provision about power for the Scottish Ministers to make regulations to tackle avoidance of non-domestic rates, Part 5 contains general and final provisions. 2 In this Act— “ the 1854 Act ” means the Lands Valuation (Scotland) Act 1854, “ the 1956 Act ” means the Valuation and Rating (Scotland) Act 1956, “ the 1962 Act ” means the Local Government (Financial Provisions etc.) (Scotland) Act 1962, “ the 1963 Act ” means the Local Government (Financial Provisions) (Scotland) Act 1963, “ the 1975 Act ” means the Local Government (Scotland) Act 1975. PART 2 Administration and enforcement of non-domestic rates Valuation roll Revaluation years 2 In section 37(1) of the 1975 Act (general interpretation), in the definition of “year of revaluation”— a for “2017-18” substitute “ 2022-23 ” , b for “fifth” substitute “ third ” . New or improved properties: mark in valuation roll 3 After section 2 of the 1975 Act insert— Mark in valuation roll for new or improved properties 2A 1 Subsection (2) applies where an assessor— a makes or alters an entry in the valuation roll, and b the entry as made or altered relates to newly built lands and heritages or improved lands and heritages. 2 The assessor must include a mark in the entry to show that it relates to newly built lands and heritages or (as the case may be) improved lands and heritages. 3 An entry in the valuation roll relates to newly built lands and heritages if— a the entry as made or (as the case may be) altered shows one or more buildings or parts of a building, and b none of those buildings or parts of a building— i were shown in any entry in the valuation roll or valuation list for the day immediately prior to the day on which the entry or (as the case may be) alteration takes effect, or ii would have been shown in such an entry in the valuation roll but for an enactment providing for them not to be entered in the roll. 4 An entry in the valuation roll relates to improved lands and heritages if— a the entry is altered to show a relevant increase in the rateable value of the lands and heritages to which the entry relates, and b the entry as altered does not relate to newly built lands and heritages. 5 A “relevant increase” in the rateable value of lands and heritages is an increase— a which is caused, in whole or in part, by the erection, construction, refurbishment or extension of one or more buildings or parts of a building which form part of the lands and heritages, and b none of which is attributable to— i the combination, division or reorganisation of lands and heritages which were shown, in whole or in part, in different entries in the valuation roll for the day immediately prior to the day on which the alteration takes effect, or ii a change in the way the lands and heritages are being used. 6 A mark included in an entry in the valuation roll under subsection (2) must be removed from the entry on the next occasion when the entry is altered by an assessor. 7 The Scottish Ministers may by regulations— a make provision about things that are, or are not, to be treated as a “ building ” for the purposes of this section, b modify the definition of “relevant increase” in subsection (5). 8 Before— a making regulations under subsection (7)(a), or b laying a draft of a Scottish statutory instrument containing regulations under subsection (7)(b) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. 9 Regulations under subsection (7)— a may make different provision for different purposes, b may make incidental, supplementary, consequential, transitional, transitory or saving provision. 10 Regulations under— a subsection (7)(a) are subject to the negative procedure, b subsection (7)(b) are subject to the affirmative procedure. 11 In subsection (3)(b)(ii), “ enactment ” includes an Act of the Scottish Parliament and an instrument made under such an Act. . Power of Scottish Ministers to remove exempt status of lands and heritages 4 After section 8C of the 1956 Act insert— Power of Scottish Ministers to remove exempt status of lands and heritages 8D 1 The Scottish Ministers may by regulations make provision requiring lands and heritages falling within subsection (2) to be entered in the valuation roll. 2 Land and heritages fall within this subsection if they are not entered in the valuation roll by virtue of an enactment, other than Part 2 of the Local Government Finance Act 1992, providing for them not to be so entered. 3 Before— a laying a draft of a Scottish statutory instrument containing regulations under subsection (1) to which subsection (5) applies before the Scottish Parliament, or b making regulations under subsection (1) to which subsection (6) applies, the Scottish Ministers must consult such persons as they consider appropriate. 4 Regulations under subsection (1) may— a make incidental, supplementary, consequential, transitional, transitory or saving provision, b make different provision for different purposes, c modify any enactment (including this Act). 5 Regulations under this section that add to, replace or omit any part of the text of an Act are subject to the affirmative procedure. 6 Otherwise, regulations under this section are subject to the negative procedure. 7 In this section, “ enactment ” includes an Act of the Scottish Parliament and an instrument made under such an Act. . Entering of parks in valuation roll 5 1 Section 19 of the 1963 Act (certain parks not to be entered in the valuation roll) is amended as follows. 2 In subsection (1)— a for “Subject to subsections (1A) and (1B) below,” substitute “ This section applies to ” , b for “and any building” substitute “ including in each case any building ” , c the words “, shall not be entered in the valuation roll” are repealed. 3 For subsections (1A) to (1C) substitute— 1ZA An entry is to be made in the roll in respect of any part of the lands and heritages which falls within either subsection (1ZB) or (1ZC). 1ZB A part falls within this subsection if the part is occupied by a person or body other than the person or body mentioned in paragraph (a) or, as the case may be, (b) of subsection (1). 1ZC A part falls within this subsection if— a the part is occupied by the person or body mentioned in paragraph (a) or, as the case may be, (b) of subsection (1), and b persons may be required to pay for access to facilities on the part or for goods or services provided on it. 1ZD The remainder of the lands and heritages is not to be entered in the roll. . Discretion of local authority to determine whether lands and heritages are dwellings 6 In section 72 of the Local Government Finance Act 1992 (dwellings chargeable to council tax), after subsection (4) insert— 4A Where regulations under subsection (4) prescribe a class, the regulations may confer discretion on a local authority to determine, in such circumstances as may be prescribed, whether particular lands and heritages fall within that class. . Agreement as to valuation 7 In section 1 of the 1975 Act (the valuation roll and revaluation), after subsection (3) insert— 3A Subsection (3B) applies where the assessor and the proprietor, tenant or occupier of lands and heritages have reached an agreement in writing as to the details to be included in the entry in the valuation roll for the lands and heritages (whether that agreement was reached before or after the draft valuation roll was published under section 1B(1)). 3B The assessor must include those details in the entry for the lands and heritages, unless, since the agreement was reached, there has been an alteration in the value of the lands and heritages due to a material change of circumstances. . Draft valuation roll and draft valuation notices 8 After section 1A of the 1975 Act insert— Draft valuation roll and draft valuation notices 1B 1 Before making up a valuation roll under section 1(1), an assessor must— a publish a draft of the roll, and b send a draft valuation notice to each person who is a proprietor, tenant or occupier of lands and heritages entered in the draft valuation roll. 2 A draft valuation notice is a notice setting out— a the details included in the entry for the lands and heritages in the draft valuation roll, b the effect of subsections (3) and (4), and c such other information as— i the Scottish Ministers may specify in regulations, or ii the assessor considers appropriate. 3 A person who receives a draft valuation notice may make representations to the assessor as to the details to be included in the entry for the lands and heritages in the valuation roll when it is made up under section 1(1). 4 When the assessor makes up the valuation roll under section 1(1), the assessor may include details in an entry for lands and heritages which are different to those included in the entry for the lands and heritages in the draft valuation roll, whether as a result of representations made under subsection (3) or otherwise (but see also section 1(3A) and (3B)). 5 Regulations under subsection (2)(c)(i)— a may make different provision for different purposes, b may make incidental, supplementary, consequential, transitional, transitory or saving provision. 6 Regulations under subsection (2)(c)(i) are subject to the negative procedure. . Valuation notices 9 In section 3 of the 1975 Act (provisions supplementary to sections 1 and 2)— a after subsection (2) insert— 2ZA A notice under subsection (2)— a must include such information in relation to the rateable value included in the entry to which the notice relates as the Scottish Ministers may specify in regulations, b may include such other information as the assessor considers appropriate. 2ZB The assessor may send a notice under subsection (2) by electronic means if— a the assessor and the recipient of the notice have, before the notice is sent, agreed in writing that the assessor may send such a notice to the recipient by transmission to an electronic address and in an electronic form specified by the recipient for that purpose, and b the notice is sent to that address in that form. , b after subsection (5) insert— 6 Regulations under subsection (2ZA)(a)— a may make different provision for different purposes, b may make incidental, supplementary, consequential, transitional, transitory or saving provision. 7 Regulations under subsection (2ZA)(a) are subject to the negative procedure. . Proposals to alter, and appeals against, valuation roll 10 1 The 1975 Act is amended as follows. 2 In section 2 (alterations to valuation roll which is in force)— a in subsection (1A), after “following” insert— a a proposal being made under section 3ZA(1), or b , b in subsection (2)(cc), for “an appeal by virtue of section 3(2A) of this Act” substitute “ a proposal made by virtue of section 3ZA(2)(b) or an appeal under section 3ZB(1) in relation to such a proposal ” , c after subsection (3) insert— 3A Where an appeal has been made to the valuation appeal committee in relation to the entry, subsection (3) applies only if the appeal has been withdrawn. . 3 In section 3 (provisions supplementary to sections 1 and 2)— a in subsection (2), the words from “; and any such person” to the end are repealed, b subsections (2A), (2B), (4) and (4A) are repealed, c in subsection (5), after “pending” insert “ proposal under section 3ZA(1), ” . 4 After section 3 insert— Proposal to alter entry in valuation roll 3ZA 1 The proprietor, tenant or occupier of lands and heritages may make a proposal to the assessor who has the function of valuing the lands and heritages to alter the entry for those lands and heritages in the valuation roll in accordance with this section. 2 A proposal may be made in relation to an entry— a where the proprietor, tenant or occupier receives a notice under section 3(2) in relation to the entry, other than a notice sent following an alteration to the valuation roll under— i section 2(1A) as a result of a proposal or appeal made by the proprietor, tenant or (as the case may be) occupier, or ii section 2(3) as a result of an agreement between the proprietor, tenant or (as the case may be) occupier and the assessor, b where a person becomes the proprietor, tenant or occupier of the lands and heritages to which the entry relates, c on the ground that, since the entry was made, there has been a material change of circumstances, d on the ground that there is an error in the entry of the type referred to in section 2(1)(f). 3 A person may not make a proposal in pursuance of subsection (2)(a) where— a the notice under section 3(2) relates to an entry included in the valuation roll when it was made up under section 1(1), and b the details included in the entry are in accordance with an agreement in writing between that person and the assessor as to the details to be included in the entry. 4 A proposal may be made in pursuance of subsection (2)(b) whether or not any previous proprietor, tenant or occupier of the lands and heritages— a reached an agreement with the assessor in relation to the entry, b made a proposal to the assessor in relation to the entry, c appealed to the valuation appeal committee in relation to the entry. 5 A proposal must— a be made in writing, b set out how the person making the proposal wants the assessor to alter the entry. 6 The assessor may decide— a to alter the entry in accordance with— i the proposal, or ii an agreement in writing between the assessor and the person who made the proposal reached after the proposal was made, b to alter the entry other than in accordance with the proposal or such an agreement (including by either increasing or decreasing the rateable value shown in the entry), c not to alter the entry. 7 The Scottish Ministers may by regulations make provision for or about— a the period within which a proposal may be made, b the form in which a proposal is to be made, c information to be included in, and documents to be submitted with, a proposal, d notices to be sent by an assessor to the person who made the proposal or any other person with an interest in the lands and heritages to which the proposal relates, e fees payable in connection with a proposal (including provision about circumstances in which a fee may be repaid), f the day from which an alteration made to an entry in the valuation roll following a decision under subsection (6)(a) or (b) is to have effect, g such other matters in connection with the making of a proposal as the Scottish Ministers consider appropriate. 8 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (7)(e) before the Scottish Parliament, the Scottish Ministers must consult— a such person or persons as appear to the Scottish Ministers to represent the interests of— i local authorities, ii assessors, iii the business sector, and iv other ratepayers, as the Scottish Ministers consider appropriate, b such other persons as they consider appropriate. 9 Regulations under subsection (7)— a may make different provision for different purposes, b may make incidental, supplementary, consequential, transitional, transitory or saving provision. 10 Regulations under subsection (7) are subject to— a the affirmative procedure, if they make provision under subsection (7)(e), b otherwise, the negative procedure. 11 In this section and section 3ZB, “ proposal ” means a proposal made under subsection (1). Appeal to valuation appeal committee 3ZB 1 A person who is the proprietor, tenant or occupier of lands and heritages may appeal to the valuation appeal committee— a against a decision of the assessor, in relation to a proposal made by the person, under section 3ZA(6)(b) or (c), b if— i the person has made a proposal in relation to the entry, ii the period set out in regulations under subsection (7)(a) for an appeal to be made has begun, and iii the assessor has not made a decision under section 3ZA(6). 2 An appeal under subsection (1)(b) is to be treated as if it were an appeal against a decision under section 3ZA(6)(c). 3 An appeal under subsection (1)— a must be made within the period set out in regulations under subsection (7)(a) (and the valuation appeal committee may not allow it to be made after the end of that period), b may be withdrawn only with the permission of the valuation appeal committee (whether or not the appellant and the assessor have reached an agreement as to the alteration of the entry to which the appeal relates). 4 On an appeal under subsection (1), the valuation appeal committee— a is to decide what alterations (if any) the assessor is to make to the entry, b may (in particular) decide that the rateable value shown in the entry is to be either increased or decreased. 5 Subsection (6) applies where— a an appeal under subsection (1) relates to a proposal made in pursuance of section 3ZA(2)(c), and b it is proved that there has been a change of circumstance which has materially reduced the extent to which beneficial occupation of the lands and heritages to which the appeal relates can be enjoyed. 6 The valuation appeal committee may decide that the entry is to be altered even if it is not proved that the change of circumstances has affected the value of the lands and heritages to any specific extent. 7 The Scottish Ministers may by regulations make provision for or about— a the period within which an appeal under subsection (1) is to be made, b information to be included in, and documents to be submitted with, such an appeal, c circumstances in which such an appeal may be made only with the permission of the valuation appeal committee, d fees payable in connection with such an appeal (including provision about circumstances in which a fee may be repaid), e the procedure to be followed in such an appeal (including evidence which may be led), f the period within which such an appeal is to be disposed of, g such other matters in connection with such appeals as the Scottish Ministers consider appropriate. 8 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (7)(d) before the Scottish Parliament, the Scottish Ministers must consult— a such person or persons as appear to the Scottish Ministers to represent the interests of— i local authorities, ii assessors, iii the business sector, and iv other ratepayers, as the Scottish Ministers consider appropriate, b such other persons as they consider appropriate. 9 Regulations under subsection (7)— a may make different provision for different purposes, b may make incidental, supplementary, consequential, transitional, transitory or saving provision. 10 Regulations under subsection (7) are subject to— a the affirmative procedure, if they make provision under subsection (7)(d), b otherwise, the negative procedure. . Proposals and appeals: consequential modifications 11 1 In section 13 of the 1956 Act (times for giving notices etc.), after subsection (3) insert— 3A This section does not apply to any notice or thing required to be given or done in relation to— a a proposal under section 3ZA of the Local Government (Scotland) Act 1975, b an appeal under section 3ZB of that Act. . 2 In section 15(2) of the 1963 Act (proceedings in appeals), after “committees” where it second occurs insert “ other than appeals under section 3ZB of the Local Government (Scotland) Act 1975 ” . Restriction on making complaints 12 In section 13 of the 1854 Act (complaints with regard to valuations)— a the existing text becomes subsection (1), b after that subsection insert— 2 A person may not make a complaint as mentioned in subsection (1) in respect of lands and heritages of which the person is the proprietor, tenant or occupier. . Meaning of “material change of circumstances” 13 In section 37 (interpretation) of the 1975 Act, in the definition of “material change of circumstances”— a the words from “and, without prejudice to” to the end become paragraph (a), and b after that paragraph insert— b but does not include any change— i in the rent of the lands and heritages (or any other lands and heritages), or ii in the level of valuations generally or in the value of lands and heritages generally, . Reform of reliefs etc. New or improved properties: rates relief 14 1 The Scottish Ministers may by regulations make provision for relief from the payment of non-domestic rates in respect of— a newly built lands and heritages, b improved lands and heritages. 2 Regulations under subsection (1) may (in particular) make provision for or about— a rates of relief (including by reference to thresholds), b periods for which relief is available, c eligibility for relief (including eligibility based on use or occupation of, or changes to, the lands and heritages). 3 Regulations under subsection (1)— a may make different provision for different purposes, b may make incidental, supplementary, consequential, transitional, transitory or saving provision. 4 Regulations under subsection (1) are subject to the negative procedure. 5 Before making regulations under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate. 6 In this section— “ improved lands and heritages ” means lands and heritages for which an entry in the valuation roll is altered as described in section 2A(4) of the 1975 Act, “ newly built lands and heritages ” means lands and heritages for which an entry in the valuation roll is made or altered as described in section 2A(3) of the 1975 Act. Contribution to net-zero emissions target: rates relief 15 1 Section 153 of the Local Government etc. (Scotland) Act 1994 (power to prescribe amount of non-domestic rate) is amended as follows. 2 After subsection (3)(b) insert— c which— i contribute to the net-zero emissions target (for example, by virtue of forming part of a district heating network) and those which do not so contribute, ii contribute as mentioned in sub-paragraph (i) and whose contributions fall into different categories prescribed for the purpose of this sub-paragraph in rules under subsection (1). . 3 In subsection (3A) after “subsection (3)(b)” insert “ or (c)(ii) ” . 4 After subsection (6) insert— 7 In subsection (3)(c), “ net-zero emissions target ” has the meaning given by section A1(1) of the Climate Change (Scotland) Act 2009. . Specialist music provision in public schools: rates relief 16 1 The Scottish Ministers may by regulations make provision for relief from the payment of non-domestic rates in respect of any part of lands and heritages which falls within subsection (2). 2 A part of lands and heritages falls within this subsection if— a the lands and heritages are wholly or mainly used as a public school, some or all of the pupils of which— i are selected for attendance at the school on the basis of musical ability or potential, and ii follow a curriculum which includes tuition aimed at developing musical excellence, and b the part is wholly or mainly used to provide such tuition to pupils who follow that curriculum. 3 Regulations under subsection (1) may (in particular) make provision as to how a part of lands and heritages falling within subsection (2) is to be identified and may provide— a for there to be separate entries in the valuation roll in respect of any part of lands and heritages falling within subsection (2) and the remainder of the lands and heritages, b for the rateable value included in those entries to be determined in accordance with the regulations. 4 Regulations under subsection (1) may make further provision for or about eligibility for relief. 5 Regulations under subsection (1)— a may make different provision for different purposes, b may make incidental, supplementary, consequential, transitional, transitory or saving provision. 6 Regulations under subsection (1) are subject to the negative procedure. 7 In this section, “ public school ” has the meaning given by section 135(1) of the Education (Scotland) Act 1980. Charitable relief: independent schools 17 1 Section 4 of the 1962 Act (reduction and remission of rates payable by charitable and other organisations) is amended as follows. 2 In subsection (9) (which provides for certain lands and heritages to be ineligible for reduction or remission of rates), after “1956,” insert “ to lands and heritages which are wholly or mainly used for the purpose of carrying on an independent school other than a school falling within subsection (9A), ” . 3 After that subsection insert— 9A The schools falling within this subsection are— a any independent school all the pupils of which— i are selected on the basis of musical ability or potential, and ii follow a curriculum which includes classes aimed at developing musical excellence, b any independent school which is a special school. . 4 In subsection (10)— a after paragraph (a) insert— aa “ independent school ” has the meaning given by section 135(1) of the Education (Scotland) Act 1980, , b after paragraph (c) insert , d “ special school ” means a school falling within paragraph (a) of the definition of “special school” in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004. . 5 After subsection (13) insert— 14 Any reduction or remission of rates in respect of lands and heritages which are wholly or mainly used for the purpose of carrying on an independent school, other than a school falling within subsection (9A), granted under subsection (5) before the day on which section 17 of the Non-Domestic Rates (Scotland) Act 2020 comes into force ceases to have effect on that day. . Power to reduce or remit rates for certain organisations: guidance 18 In section 4 of the 1962 Act (reduction and remission of rates payable by charitable and other organisations), after subsection (7) insert— 7A The Scottish Ministers may issue guidance to rating authorities about the exercise of the powers conferred by subsections (5) to (7) in relation to lands and heritages of the type mentioned in subsection (5)(c). 7B A rating authority must have regard to such guidance. 7C Guidance under subsection (7A) may be— a general or for particular purposes, b different in relation to different persons or otherwise for different purposes. 7D Before issuing guidance under subsection (7A), the Scottish Ministers must— a lay a draft of the proposed guidance before the Scottish Parliament, b consult— i such person or persons as appear to the Scottish Ministers to represent the interests of local authorities, and ii such other persons as they consider appropriate. 7E The Scottish Ministers must not issue guidance under subsection (7A) until after a period of 40 days beginning with the day on which the draft guidance was laid before the Parliament under subsection (7D)(a). 7F If, within that period, the Parliament resolves that the guidance proposed should not be issued, Ministers must not issue it. 7G In calculating any period of 40 days for the purposes of subsection (7E) or (7F) above, no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days. 7H Subsection (7D) is complied with even if the consultation took place, or began, before section 18 of the Non-Domestic Rates (Scotland) Act 2020 comes into force. 7I The Scottish Ministers must publish, in such manner as they consider appropriate, any guidance issued under subsection (7A). 7J The power to issue guidance under subsection (7A) includes power to revise that guidance (and the references to guidance in subsections (7B) to (7I) include references to such revised guidance). . Unoccupied properties 19 1 The Local Government (Scotland) Act 1966 is amended as follows. 2 Section 24 (unoccupied lands and heritages) is repealed. 3 In section 24A (lands and heritages partly unoccupied for a short time)— a in subsection (2), the words “, subject to subsection (4),” are repealed, b subsection (4) is repealed, c in subsection (5), for “, (3)(a), (c) and (d) and (4)” substitute “ and (3)(a), (c) and (d) ” , d subsection (6) is repealed. 4 In section 24B (certain lands and heritages to be treated as unoccupied)— a in subsection (1)— i for “section 24” substitute “ section 24A ” , ii for “lands and heritages” where it first occurs substitute “ a part of lands and heritages ” , iii for “they” where it first occurs substitute “ the part ” , iv for “lands and heritages” where it second occurs substitute “ part ” , v in paragraph (a), for “lands and heritages when they were” substitute “ part of the lands and heritages when it was ” , vi in paragraph (b), for “lands and heritages” substitute “ part ” , b subsections (2) to (4) are repealed. 5 In section 25(1) (provisions supplementary to section 24), for “section 24 of this Act” substitute “ any scheme under section 3A of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 which provides for the rates leviable in respect of lands and heritages to be reduced or remitted by virtue of the lands and heritages being unoccupied ” . 6 The section title of section 25 becomes “ Newly erected, altered etc. buildings: completion notices ” . 7 In schedule 3 (rating of unoccupied property), in paragraph 2— a for “section 24 of this Act” substitute “ any scheme under section 3A of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 which provides for the rates leviable in respect of lands and heritages to be reduced or remitted by virtue of the lands and heritages being unoccupied ” , b in paragraph 5, the words “under section 24 of this Act” are repealed. Non-use or underuse of lands and heritages: notification 20 1 This section applies where the non-domestic rates payable in respect of any lands and heritages are being reduced or remitted for any reason (other than the operation of sections 24A and 24B (rating of unoccupied property) of the Local Government (Scotland) Act 1966). 2 The local authority to which the rates are or would, but for the reduction or remission, be payable may give a notice to the person who is liable to pay the rates in respect of the lands and heritages (the “ratepayer”) stating that the authority considers that one of the conditions mentioned in subsections (3) and (4) may be satisfied in relation to the lands and heritages. 3 The condition is that the lands and heritages are not being used. 4 The condition is that— a the lands and heritages are being used but there is a significant difference between— i the extent to which the lands and heritages are being used, and ii the extent to which they could reasonably be used, b the amount of rates payable in respect of the lands and heritages (after reduction or remission as mentioned in subsection (1)), is less than the amount that would be so payable if the lands and heritages were unoccupied, and c the main reason for the lands and heritages being used to the extent mentioned in paragraph (a)(i), rather than not being used, is to obtain that reduction or remission. 5 A notice under subsection (2) must— a set out the local authority's reasons for considering that the condition mentioned in subsection (3) or (as the case may be) (4) may be satisfied in relation to the lands and heritages, b invite the ratepayer to provide to the local authority, within the period of 28 days beginning with the date on which the notice is given, an explanation of the extent of the use being made of the lands and heritages and of the reasons for that, c explain the action that the local authority may take in relation to the reduction or remission if the local authority concludes that the condition mentioned in subsection (3) or (as the case may be) (4) is satisfied in relation to the lands and heritages. 6 Following the expiry of the period mentioned in subsection (5)(b), or on receipt of an explanation from the ratepayer (if sooner), the local authority must— a consider any explanation received from the ratepayer, b decide whether either of the conditions mentioned in subsections (3) and (4) is satisfied in relation to the lands and heritages, and c unless no explanation has been received from the ratepayer, give the ratepayer a further notice stating the conclusion reached under paragraph (b). 7 Where the local authority concludes that one of the conditions mentioned in subsections (3) and (4) is satisfied in relation to the lands and heritages, the notice given under subsection (6)(c) must also— a explain the reasons for that conclusion, and b explain what action the local authority is taking, or intends to take, in relation to the reduction or remission. Failure to pay instalments Failure to pay instalments 21 1 The 1975 Act is amended in accordance with subsections (2) and (3). 2 After section 8 insert— Failure to pay instalments 8A 1 This section applies where— a a person (the “ratepayer”) is liable to pay the rates chargeable for a year, or part of a year, in respect of lands and heritages, b the rates are payable by instalments under section 8(1), and c the ratepayer fails to pay an instalment (the “missed instalment”) in accordance with that section. 2 The rating authority must give the ratepayer a notice (a “reminder notice”) setting out— a details of the missed instalment, b the effect of subsections (3) and (4), and c where the notice is the second reminder notice given to the ratepayer in respect of the rates due for the year, the effect of subsection (5). 3 The ratepayer must, within the period of 7 days beginning with the day on which the reminder notice is given to the ratepayer by the rating authority, pay the missed instalment and any other instalment which is due to be paid within that period. 4 If the ratepayer fails to comply with subsection (3)— a the rates are no longer payable by instalments, and b the unpaid amount of the total rates due for the year (or part of the year) becomes payable at the end of the period of 7 days beginning with the day on which the period mentioned in subsection (3) ends. 5 Where the ratepayer has already been given two reminder notices in respect of the rates due for the year— a subsections (2) to (4) do not apply, b the rates are no longer payable by instalments, and c the unpaid amount of the total rates due for the year (or part of the year) becomes payable on the day following the day on which the missed instalment was due to be paid. . 3 In section 8 (payment of rates by instalments)— a in subsection (1), for “(9)” substitute “ (7C) ” , b subsections (8) and (9) are repealed. 4 In the Local Government (Scotland) Act 1947, in section 247 (recovery of rates), in subsection (2)— a after paragraph (a) insert— aa in a case to which section 8A of the Local Government (Scotland) Act 1975 applies, stating that— i the authority has served a notice on each such person under section 8A(2) of that Act in respect of the rates, ii the unpaid amount of the rates due for the year (or part of the year) to which the notice relates has become payable under section 8A(4)(b) or (5)(c) of that Act, and iii a period of 14 days beginning with the day on which that amount became payable has expired; , b in paragraph (b), at the beginning insert “ in any other case, ” , c in paragraph (c), leave out from “said period” to the end and insert “ period of 14 days mentioned in paragraph (aa)(iii) or (as the case may be) (b) has expired without payment of the amount mentioned in that paragraph; ” . Electronic communications Electronic communication of information 22 1 The Scottish Ministers may by regulations make provision allowing or requiring a notice falling within subsection (2) to be given by electronic means. 2 A notice falls within this subsection if it— a is to be given to a person in accordance with an enactment, and b relates to— i the valuation of lands and heritages under the Valuation Acts, ii the valuation roll, iii the charging and collection of non-domestic rates (including relief from payment of rates or reduction or remission of rates), iv any other matter connected with the assessment of liability to or levying of non-domestic rates. 3 Regulations under subsection (1) may include provision for or about— a the manner in which a notice may be given, including circumstances in which information to be given in a notice to a particular person may be so given by being made available to that person and to others (for example, by publication on a website), b information to be provided to facilitate the giving or receipt of a notice by electronic means (for example, an electronic address), c circumstances in which a notice may be given by electronic means only with the consent of the intended recipient, d exceptions to a provision allowing or requiring a notice to be given by electronic means, e the calculation of the date on which a notice given by electronic means is to be treated as having been given, f such other matters in connection with the giving of a notice by electronic means as the Scottish Ministers consider appropriate. 4 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes, c make incidental, supplementary, consequential, transitional, transitory or saving provision. 5 In this section— “ notice ” includes any information given to another person, “ the Valuation Acts ” means the 1854 Act, the Acts amending that Act, and any other enactment relating to valuation. Procedure for regulations under section 22 23 1 Regulations under section 22 are subject to the affirmative procedure. 2 Before laying a draft of a Scottish statutory instrument containing regulations under section 22 before the Scottish Parliament, the Scottish Ministers must consult— a such person or persons as appear to the Scottish Ministers to represent the interests of— i local authorities, or ii assessors, as the Scottish Ministers consider appropriate, b such person or persons as appear to the Scottish Ministers to represent the interests of ratepayers or potential ratepayers, and c such other persons as the Scottish Ministers consider appropriate. 3 The Scottish Ministers must, as soon as reasonably practicable after consultation under subsection (2) begins, notify the Scottish Parliament about the consultation. 4 The Scottish Ministers must have regard to any representations about the regulations proposed to be made under section 22 as a result of the consultation. Report on number of assessors and availability of resources Duty to report on number of assessors and availability of resources 24 1 Subsection (2) applies to— a a joint valuation board established by an order under section 27(7) of the Local Government etc. (Scotland) Act 1994, b a valuation authority from whom functions have not been delegated to such a board by virtue of section 27(8) of that Act. 2 The board or authority must, in each reporting year, prepare a report on— a the number of assessors and depute assessors appointed by the board or authority holding office on 1 April in that year, b whether that number is sufficient for the proper exercise of the functions of those assessors and depute assessors in relation to non-domestic rates, c whether the board or authority has sufficient resources for the proper exercise of its functions in relation to non-domestic rates, d such other matters relating to non-domestic rates as the board or authority considers appropriate. 3 A report under subsection (2) must be laid before the Scottish Parliament by 31 May in the reporting year. 4 In this section, “ reporting year ” means 2025 and each third year thereafter. Valuation appeal panels and committees Status of secretary of valuation appeal panel 25 In schedule 2 of the Tribunals (Scotland) Act 2014 (transfer-in of members), in paragraph 1, after sub-paragraph (3) insert— 4 In relation to a valuation appeal committee constituted under section 29(1)(a) of the Local Government etc. (Scotland) Act 1994, a person who is a secretary or assistant secretary of a valuation appeal panel constituted under that section is also a transferable person. . PART 3 Information notices and notifications of changes of circumstances Assessor information notices 26 1 An assessor may give an assessor information notice to— a any person who the assessor thinks is a proprietor, tenant or occupier of the lands and heritages referred to in the notice, b any other person who the assessor thinks has information which is reasonably required for the purpose mentioned in subsection (2). 2 In this Part, an “assessor information notice” is a notice in writing requiring the person to provide the assessor with such information as the assessor may reasonably require for the purpose of exercising the assessor's functions relating to non-domestic rates in relation to the lands and heritages referred to in the notice. 3 A person to whom an assessor information notice is given must comply with the notice within the period of 28 days beginning with the day on which the notice is given. 4 Nothing in this section requires a person to provide anything in respect of which a claim to confidentiality of communications could be maintained in legal proceedings. 5 Section 7 of the 1854 Act is repealed. Local authority information notices 27 1 An authorised officer of a local authority may give to any person who the officer thinks is the proprietor, tenant or occupier of lands and heritages a notice in writing (in this Part, a “local authority information notice”) requiring the person to provide the local authority with such information as it may reasonably require for the purpose of issuing any demand or other document relating to non-domestic rates in respect of those lands and heritages. 2 A person to whom a local authority information notice is given must comply with the notice within the period of 21 days beginning with the day on which the notice is given. 3 If the person fails to comply (in whole or in part) with the notice within that period, the authorised officer may give the person a further local authority information notice in respect of the information required by the notice given under subsection (1). 4 Subsections (2) and (3) apply in relation to a further notice given under subsection (3) as they apply in relation to a notice given under subsection (1). 5 In this section and sections 33 and 34, an “ authorised officer ”, in relation to a local authority, means a person authorised in writing by the local authority for the purposes of this section and section 33. Duty to notify changes of circumstances 28 1 Subsection (2) applies to a person who— a is liable to pay non-domestic rates in respect of any lands and heritages, or b would be liable to pay non-domestic rates in respect of any lands and heritages if they were payable. 2 The person must notify the local authority to which the rates are, or would be, payable of any relevant change in circumstances. 3 A “ relevant change in circumstances ” means a change in the circumstances of the person, or of the lands and heritages, which the person knows, or might reasonably be expected to know, would affect— a whether or not non-domestic rates are chargeable in respect of the lands and heritages, b the amount of non-domestic rates payable in respect of them. 4 A notification must be made within the period of 42 days beginning with the day on which the relevant change in circumstances occurs. Offences in relation to information notices and notifications under section 28 29 1 A person commits an offence if the person knowingly provides false or misleading information in purported compliance with— a an assessor information notice, or b a local authority information notice. 2 A person commits an offence if the person knowingly provides false or misleading information in a notification under section 28(2). 3 A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Civil penalties for failure to comply with assessor information notices 30 1 If a person fails to comply with an assessor information notice within the period mentioned in section 26(3), the person is liable to pay a penalty. 2 Where a person becomes liable to a penalty, the assessor must give a notice to the person (a “ penalty notice ” ) stating— a that the person has failed to comply with the assessor information notice, b that the person is liable to a penalty determined in accordance with subsection (3), c the effect of subsections (4) and (5), and d that the person has a right of appeal under section 31(1). 3 For the purposes of subsection (2)(b)— a where the lands and heritages concerned are entered in the valuation roll, the penalty is the greater of— i £200, and ii 1% of the rateable value of the lands and heritages concerned for the day on which the penalty notice is given, b where the lands and heritages concerned are not so entered, the penalty is £1,000. 4 If the person fails to comply with the assessor information notice within the period of 42 days beginning with the day on which the penalty notice is given, the person is liable— a where the lands and heritages concerned are entered in the valuation roll, to a further penalty of the greater of— i £1,000, and ii 20% of the rateable value of the lands and heritages concerned for the day on which the penalty notice is given, b where the lands and heritages concerned are not so entered, to a further penalty of £10,000. 5 If the person fails to comply with the assessor information notice within the period of 56 days beginning with the day on which the penalty notice is given, the person is liable— a where the lands and heritages concerned are entered in the valuation roll, to a further penalty of the greater of— i £1,000, and ii 50% of the rateable value of the lands and heritages concerned for the day on which the penalty notice is given, b where the lands and heritages are not so entered, to a further penalty of £50,000. 6 For the purposes of subsections (3), (4) and (5)— a the lands and heritages concerned are the lands and heritages in respect of which the assessor information notice was given, and b in a case where subsection (3)(a), (4)(a) or (5)(a) applies, the valuation roll is to be used to find the rateable value of the lands and heritages for the day. 7 An assessor may mitigate or remit any penalty under this section. 8 The Scottish Ministers may by regulations modify the penalties to which a person may become liable under this section, including by increasing or decreasing any sum or percentage for the time being set out in subsections (3), (4) or (5) or by otherwise modifying the way in which any penalty is determined. 9 Regulations under subsection (8) may make transitional, transitory or saving provision. 10 Regulations under subsection (8) are subject to the affirmative procedure. 11 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (8) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. 12 The Scottish Ministers may by regulations make further provision about penalty notices under this section, including in particular— a the form of penalty notices, b how penalty notices may be given (for example, enabling a notice to be given to a person either by name or by such description as may be set out in the regulations). 13 Regulations under subsection (12)— a may make different provision for different purposes, b may make incidental, supplementary, consequential, transitional, transitory or saving provision. 14 Regulations under subsection (12) are subject to the negative procedure. Penalties under section 30: appeals and enforcement 31 1 A person who is given a penalty notice under section 30 may appeal to the First-tier Tribunal for Scotland against the imposition of the penalty. 2 An appeal must be made before the end of the period of 28 days beginning with the day on which the penalty notice is given. 3 The making of an appeal under subsection (1) against the imposition of a penalty— a is to be treated as an appeal against the imposition of that penalty and any further penalty to which the appellant may be liable under section 30(4) or (5), b does not prevent liability for any such further penalty arising. 4 On an appeal the First-tier Tribunal for Scotland may mitigate or remit any penalty under section 30 if it is satisfied on either or both of the grounds specified in subsection (5). 5 Those grounds are— a that the person appealing had a reasonable excuse for not complying with the assessor information notice, or b that the information required by the notice is not in the person's possession or control. 6 A penalty is recoverable as a civil debt due to the assessor. 7 The Scottish Ministers may by regulations make further provision about appeals under this section, including in particular— a information to be included in, and documents to be submitted with, such an appeal, b whether the penalty to which such an appeal relates, and any further penalty under section 30(4) or (5), is payable while the appeal is outstanding, c the procedure to be followed in such an appeal, d the period within which such an appeal is to be disposed of. 8 Regulations under subsection (7)— a may make different provision for different purposes, b may make incidental, supplementary, consequential, transitional, transitory or saving provision. 9 Regulations under subsection (7) are subject to the negative procedure. 10 Before making regulations under subsection (7), the Scottish Ministers must consult such persons as they consider appropriate. Payment of penalties into the Scottish Consolidated Fund 32 1 An assessor must pay any money recovered under or by virtue of section 30 into the Scottish Consolidated Fund. 2 But an assessor may do so after deduction of reasonable expenses incurred in relation to the giving of penalty notices under section 30 and the collection of penalties. 3 The Scottish Ministers may by regulations make provision about the expenses that may be deducted under subsection (2). 4 Regulations under subsection (3) are subject to the negative procedure. Civil penalties for failure to comply with local authority information notices and for failure to notify changes in circumstances 33 1 A person is liable to pay a penalty if the person— a fails to comply with a local authority information notice within the period mentioned in section 27(2), b fails to comply with section 28(2) within the period mentioned in section 28(4). 2 Where a person becomes liable to a penalty under subsection (1)(a), the authorised officer must give a notice to the person (a “ penalty notice ” ) stating— a that the person has failed to comply with the local authority information notice, b that the person is liable to a penalty of— i £95, where the penalty relates to a notice given under section 27(1), ii £370, where the penalty relates to a notice given under section 27(3), and c that the person has a right of appeal under section 34(1). 3 Where a person becomes liable to a penalty under subsection (1)(b), the authorised officer must give a notice to the person (a “ penalty notice ” ) stating— a that the person has failed to comply with section 28(2), b that the person is liable to pay a penalty of £370, and c that the person has a right of appeal under section 34(1). 4 An authorised officer may mitigate or remit any penalty under this section. 5 The Scottish Ministers may by regulations make provision increasing or decreasing any sum for the time being set out in subsections (2)(b)(i) and (ii) and (3)(b). 6 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (5) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. 7 Regulations under subsection (5) may make transitional, transitory or saving provision. 8 Regulations under subsection (5) are subject to the affirmative procedure. 9 The Scottish Ministers may by regulations make further provision about penalty notices under this section, including in particular— a the form of penalty notices, b how penalty notices may be given (for example, enabling a notice to be given to a person either by name or by such description as may be set out in the regulations). 10 Regulations under subsection (9)— a may make different provision for different purposes, b may make incidental, supplementary, consequential, transitional, transitory or saving provision. 11 Regulations under subsection (9) are subject to the negative procedure. Penalties under section 33: appeals 34 1 A person who is given a penalty notice under section 33 may appeal to the First-tier Tribunal for Scotland against the amount of penalty imposed. 2 An appeal must be made before the end of the period of 28 days beginning with the day on which the penalty notice is given. 3 The making of an appeal under subsection (1) against the amount of penalty imposed by a penalty notice given under section 33(2)— a is to be treated as an appeal against the amount of that penalty and any other penalty imposed on the appellant under section 33 in relation to the information to which the penalty notice relates, b does not prevent an authorised officer giving the appellant a further local authority information notice under section 27(3) or penalty notice under section 33 in relation to that information. 4 On an appeal the First-tier Tribunal for Scotland may mitigate or remit any penalty under section 33 if it is satisfied that the penalty is excessive. 5 The Scottish Ministers may by regulations make further provision about appeals under this section, including in particular— a information to be included in, and documents to be submitted with, such an appeal, b the procedure to be followed in such an appeal, c the period within which such an appeal is to be disposed of. 6 Regulations under subsection (5)— a may make different provision for different purposes, b may make incidental, supplementary, consequential, transitional, transitory or saving provision. 7 Regulations under subsection (5) are subject to the negative procedure. 8 Before making regulations under subsection (5), the Scottish Ministers must consult such persons as they consider appropriate. Penalties under section 33: enforcement 35 1 A penalty under section 33 is recoverable as a civil debt due to the local authority. 2 The Scottish Ministers may by regulations make further provision about the collection of penalties imposed under section 33. 3 Regulations under subsection (2) may in particular— a provide for penalties to be included in a demand note or an adjustment to a demand note under section 8 of the 1975 Act (payment of rates by instalments) as if they were a liability to rates, b provide that, where an appeal is made against the imposition of a penalty, the penalty is not payable while the appeal is outstanding, c make provision for cases where the penalty is mitigated or remitted, and may in particular provide for the reimbursement of a penalty by way of deduction from a sum due. 4 Regulations under subsection (2)— a may modify any enactment (including this Act), b may make different provision for different purposes, c may make incidental, supplementary, consequential, transitional, transitory or saving provision. 5 Regulations under subsection (2) are subject to— a the affirmative procedure, if they add to, replace or omit any part of the text of an Act, b otherwise, the negative procedure. Sections 31 and 34: consequential modifications 36 1 In section 13 of the 1956 Act (times for giving notices etc.), after subsection (3A) (inserted by section 11(1)) insert— 3B This section does not apply to any notice or thing required to be given or done in relation to an appeal under section 31 or 34 of the Non-Domestic Rates (Scotland) Act 2020. . 2 In section 15(2) of the 1963 Act (proceedings in appeals), after “1975” (inserted by section 11(2)) insert “ or appeals under section 31 or 34 of the Non-Domestic Rates (Scotland) Act 2020 ” . PART 4 Anti-avoidance regulations Anti-avoidance regulations 37 1 The Scottish Ministers may by regulations (“ anti-avoidance regulations ”) make such provision as they consider appropriate with a view to preventing or minimising advantages (see section 38) arising from non-domestic rates avoidance arrangements that are artificial (see sections 39 and 40). 2 The Scottish Ministers may not make anti-avoidance regulations unless they consider that it is appropriate to do so. 3 Anti-avoidance regulations— a may modify any enactment (but not this Part), b may make different provision for different purposes, c may make incidental, supplementary, consequential, transitional, transitory or saving provision. Meaning of “advantage” 38 1 An “ advantage ”, in relation to non-domestic rates, includes in particular— a avoidance of a possible assessment, b remission, c relief (or increased relief), d repayment (or increased repayment), e deferral of a payment or advancement of a repayment. 2 In determining whether a non-domestic rates avoidance arrangement has resulted in an advantage, regard may be had to the amount of non-domestic rates that would have been payable in the absence of the arrangement. Non-domestic rates avoidance arrangements 39 1 An arrangement (or series of arrangements) is a non-domestic rates avoidance arrangement if, having regard to all the circumstances, it would be reasonable to conclude that obtaining an advantage is the main purpose, or one of the main purposes, of the arrangement. 2 An “ arrangement ” includes any agreement, transaction, undertaking, action or event (whether legally enforceable or not). Meaning of “artificial” 40 1 A non-domestic rates avoidance arrangement is artificial if Condition A or B is met. 2 Condition A is met if the entering into or carrying out of the arrangement is not a reasonable course of action in relation to the non-domestic rates provisions in question having regard to all the circumstances, including— a whether the substantive results of the arrangement are consistent with— i any principles on which those provisions are based (whether express or implied), and ii the policy objectives of those provisions, b whether the arrangement is intended to exploit any shortcomings in those provisions. 3 Condition B is met if the arrangement lacks economic or commercial substance. 4 Each of the following is an example of something which might indicate that a non-domestic rates avoidance arrangement lacks economic or commercial substance— a the arrangement is carried out in a manner which would not normally be employed in reasonable business conduct, b the legal characterisation of the steps in the arrangement is inconsistent with the legal substance of the arrangements as a whole, c the arrangement includes elements which have the effect of offsetting or cancelling each other, d transactions are circular in nature, e the arrangement results in an advantage that is not reflected in the business risks undertaken. 5 The examples given in subsection (4) are not exhaustive. 6 Where a non-domestic rates avoidance arrangement forms part of any other arrangements, regard must also be had to those other arrangements. Procedure for anti-avoidance regulations 41 1 Anti-avoidance regulations are subject to the affirmative procedure. 2 Before laying a draft of a Scottish statutory instrument containing anti-avoidance regulations before the Scottish Parliament, the Scottish Ministers— a must consult such person or persons as appear to the Scottish Ministers to represent the interests of— i local authorities, or ii assessors, as the Scottish Ministers consider appropriate, and b may consult— i such ratepayers or potential ratepayers, and ii such other persons, as the Scottish Ministers consider appropriate. 3 Consultation under subsection (2) must include a copy of the proposed anti-avoidance regulations. 4 The Scottish Ministers must, as soon as reasonably practicable after consultation under subsection (2) begins, notify the Scottish Parliament about the consultation. 5 The Scottish Ministers must have regard to any representations about the draft anti-avoidance regulations received as a result of the consultation. 6 When laying a draft of a Scottish statutory instrument containing anti-avoidance regulations, the Scottish Ministers must also lay before the Scottish Parliament a document which— a explains why the Scottish Ministers consider that it is appropriate to make the anti-avoidance regulations, and b gives details of— i the consultation, ii any representations received as a result of the consultation, and iii the changes (if any) made to the draft anti-avoidance regulations as a result of those representations. PART 5 Final provisions Interpretation 42 In this Act— “ the First-tier Tribunal for Scotland ” means the First-tier Tribunal for Scotland, established by section 1 of the Tribunals (Scotland) Act 2014, “ lands and heritages ” is to be construed in accordance with section 42 of the 1854 Act, “ non-domestic rates ” means non-domestic rates levied under section 7B of the 1975 Act, “ valuation roll ” means a valuation roll made up under section 1 of that Act. Ancillary provision 43 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under this section may— a make different provision for different purposes, b modify any enactment (including this Act). 3 Regulations under this section that add to, replace or omit any part of the text of an Act are subject to the affirmative procedure. 4 Otherwise, regulations under this section are subject to the negative procedure. Commencement 44 1 The following provisions come into force on the day after Royal Assent— a section 1, b section 26(1) to (4), c section 29(1)(a), d section 29(3), insofar as it relates to section 29(1)(a), e section 30(1) to (7) and (12) to (14), f section 31, g section 42, h section 43, i this section, j section 45. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may appoint different days for different purposes. 4 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 45 The short title of this Act is the Non-Domestic Rates (Scotland) Act 2020. S. 26(1)-(4) in force at 12.3.2020 see s. 44 S. 29(1)(a)(3) in force at 12.3.2020 see s. 44 S. 30(1)-(7)(12)-(14) in force at 12.3.2020 see s. 44 S. 13 in force at 2.4.2020 by S.S.I. 2020/107 , reg. 2 (with reg. 3 ) S. 30(8)-(11) in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 34(5)-(8) in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 3 in force at 5.11.2020 for specified purposes by S.S.I. 2020/327 , reg. 2(2)(a) S. 10 in force at 5.11.2020 for specified purposes by S.S.I. 2020/327 , reg. 2(3)(a) S. 2(b) in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 6 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 7 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 8 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 9 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 14 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 15 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 16 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 18 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 22 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 23 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 24 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 25 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 32 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 37 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 38 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 39 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 40 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 41 in force at 5.11.2020 by S.S.I. 2020/327 , sch. S. 34(1)-(4) in force at 1.4.2021 by S.S.I. 2020/327 , sch. S. 26(5) in force at 1.4.2021 by S.S.I. 2020/327 , sch. (with reg. 5 ) S. 29(1)(b) (2) in force at 1.4.2021 by S.S.I. 2020/327 , sch. S. 3 in force at 1.4.2021 in so far as not already in force by S.S.I. 2020/327 , reg. 2(2)(b) S. 21 in force at 1.4.2021 by S.S.I. 2020/327 , sch. (with reg. 4 ) S. 36 in force at 1.4.2021 by S.S.I. 2020/327 , sch. S. 20 in force at 1.4.2021 by S.S.I. 2020/327 , sch. S. 27 in force at 1.4.2021 by S.S.I. 2020/327 , sch. S. 28 in force at 1.4.2021 by S.S.I. 2020/327 , sch. (with reg. 6 ) S. 33 in force at 1.4.2021 by S.S.I. 2020/327 , sch. S. 35 in force at 1.4.2021 by S.S.I. 2020/327 , sch. S. 4 in force at 1.4.2022 by S.S.I. 2020/327 , sch. S. 17 in force at 1.4.2022 by S.S.I. 2020/327 , sch. (as amended by S.S.I. 2021/120 , regs. 1 , 2 ) S. 10 in force at 1.4.2023 in so far as not already in force by S.S.I. 2020/327 , reg. 2(3)(b) (as amended by S.S.I. 2022/23 , reg. 3(2) and S.S.I. 2022/301 , reg. 2(2) ) S. 11 in force at 1.4.2023 by S.S.I. 2020/327 , sch. (as amended by S.S.I. 2022/23 , reg. 3(4)(a) and S.S.I. 2022/301 , reg. 2(4)(a) ) S. 5 in force at 1.4.2023 by S.S.I. 2020/327 , sch. S. 12 in force at 1.4.2023 by S.S.I. 2020/327 , sch. (with reg. 3 ) (as amended by S.S.I. 2022/23 , reg. 3(3)(4)(b) and S.S.I. 2022/301 , reg. 2(3)(4)(b) ) S. 19 in force at 1.4.2023 by S.S.I. 2022/23 , reg. 2 (with reg. 4 ) Words in s. 31 substituted (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of Valuation Appeals Committees) Regulations 2023 (S.S.I. 2023/45) , reg. 1(2) , sch. 2 para. 12(2) (with sch. 1 paras. 1-4 , 13-20 ) Words in s. 34 substituted (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of Valuation Appeals Committees) Regulations 2023 (S.S.I. 2023/45) , reg. 1(2) , sch. 2 para. 12(3) (with sch. 1 paras. 1-4 , 13-20 ) Words in s. 42 inserted (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of Valuation Appeals Committees) Regulations 2023 (S.S.I. 2023/45) , reg. 1(2) , sch. 2 para. 12(4) (with sch. 1 paras. 1-4 , 13-20 )
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[uk-legislation-asp][asp] 2024-05-04 Referendums (Scotland) Act 2020
http://www.legislation.gov.uk/asp/2020/2/2022-03-24
http://www.legislation.gov.uk/asp/2020/2/2022-03-24 Referendums (Scotland) Act 2020 An Act of the Scottish Parliament to make provision about the holding of referendums throughout Scotland. text text/xml en Statute Law Database 2022-07-06 Expert Participation 2022-03-24 Referendums (Scotland) Act 2020 s. 7(2) Scottish Elections (Representation and Reform) Act 2025 s. 69(8) s. 71 s. 73(2) reg. 3 sch. Pt. 2 Referendums (Scotland) Act 2020 2020 asp 2 An Act of the Scottish Parliament to make provision about the holding of referendums throughout Scotland. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th December 2019 and received Royal Assent on 29th January 2020 Referendums Referendums to which this Act applies 1 1 This Act applies to any referendum held throughout Scotland in pursuance of provision made by or under an Act of the Scottish Parliament. 2 In this Act— a references to “ the referendum ” mean any referendum held— i in pursuance of any provision made by or under an Act of the Scottish Parliament, ii on one or more questions specified in or in accordance with any such provision, b “ question ” includes proposition (and “answer” accordingly includes response). Referendum questions 2 1 Subsections (2) and (3) apply where— a provision is made by or under an Act of the Scottish Parliament for the holding of a referendum throughout Scotland, and b the wording of any question in the referendum is to be specified in subordinate legislation. 2 If the subordinate legislation is subject to the affirmative procedure, the Scottish Ministers must consult the Electoral Commission on the wording of the question before a draft of any instrument containing the subordinate legislation is laid before the Scottish Parliament. 3 If the subordinate legislation is subject to the negative procedure, the Scottish Ministers must consult the Electoral Commission on the wording of the question before making the subordinate legislation. 4 Subsection (5) applies where a Bill is introduced to the Scottish Parliament which— a provides for the holding of a referendum throughout Scotland, and b specifies the wording of the question. 5 The Electoral Commission must— a consider the wording of the question, and b publish a statement of any views of the Commission as to the intelligibility of the question— i as soon as reasonably practicable after the Bill is introduced, and ii in such manner as they may determine. 6 Where the Bill or subordinate legislation specifies not only the question but also any statement which is to precede the question on the ballot paper at the referendum, any reference in subsection (2), (3) or, as the case may be, (5) to the question is to be read as a reference to the question and the statement taken together. 7 This section does not apply in relation to a question or statement if the Electoral Commission have, in the validity period— a published a report setting out their views as to the intelligibility of the question or statement, or b recommended the wording of the question or statement. 8 In subsection (7), the “ validity period ” means— a the period composed of the session of the Scottish Parliament in which the proposed date of the referendum falls, or b if subsection (9) applies, the period composed of the session of the Scottish Parliament in which the proposed date of the referendum falls and the preceding session. 9 This subsection applies if the Scottish Parliament, on a motion by a member of the Scottish Government, resolves that the validity period mentioned in subsection (8)(b) should apply in relation to the question or statement. 10 Before lodging a motion referred to in subsection (9), the Scottish Ministers must consult the Electoral Commission. 11 At the same time as lodging a motion referred to in subsection (9), the Scottish Ministers must lay before the Scottish Parliament a document setting out the reasons why they consider the validity period mentioned in subsection (8)(b) should apply in relation to the question or statement. 12 In subsection (8), for the purpose of reckoning the number of sessions in a period, any extraordinary general election in that period is to be disregarded unless it is one which results in section 3(3) of the Scotland Act 1998 having effect. 13 As soon as reasonably practicable after being consulted under subsection (2), (3) or (10), the Electoral Commission must— a lay before the Scottish Parliament a statement of any views of the Commission on the matter, and b publish the statement in such manner as the Commission may determine. 14 If the Scottish Parliament resolves to consult the Electoral Commission on the wording of a question or statement in a referendum, the Commission must, as soon as reasonably practicable— a lay before the Scottish Parliament a statement of any views of the Commission on that question or statement, and b publish the statement in such manner as the Commission may determine. Power to change date of referendum if UK election on same date Power to change date of referendum if UK election on same date 3 1 The date of a referendum must not be the same as the date on which any other election or poll is scheduled to be held throughout Scotland. 2 If the date of a referendum is the same as the date of a UK parliamentary general election, the Presiding Officer may appoint a later date on which the poll at that referendum is to be held. 3 The date appointed under subsection (2) may not be more than 6 weeks later. 4 The Presiding Officer may appoint a date under subsection (2) only if the Scottish Parliament is dissolved or in recess. 5 Before appointing a date under subsection (2), the Presiding Officer must consult the Electoral Commission. 6 The Presiding Officer must publish a statement of the date appointed under subsection (2). 7 In this section— “ date of a referendum ” means the date on which the poll at a referendum is to be held in pursuance of provision made by or under an Act of the Scottish Parliament, ... Franchise Those who are entitled to vote 4 A person is entitled to vote in the referendum if, on the date on which the poll at the referendum is held, the person is— a aged 16 or over, b registered in the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for any area in Scotland, c not subject to any legal incapacity to vote (age apart) (see section 5), and d a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the European Union. Those who are subject to a legal incapacity to vote 5 For the purposes of this Act, a person is, on any date, subject to a legal incapacity to vote if the person would be legally incapable (whether by virtue of any enactment or any rule of law) of voting at a local government election in Scotland held on that date. Voting etc. Provision about voting etc. 6 Schedule 1 makes provision about voting in the referendum, including— a provision about the manner of voting (including provision for absent voting), b provision about registration, c provision about postal voting, and d provision about the supply of certain documents. Conduct Chief Counting Officer 7 1 The Scottish Ministers must, in writing, appoint a Chief Counting Officer for the referendum. 2 The Chief Counting Officer is to be the person who, immediately before the coming into force of the Act of the Scottish Parliament referred to in section 1(2) or regulations made under that Act, is the person appointed as the convener of the Electoral Management Board for Scotland by virtue of section 2 of the Local Electoral Administration (Scotland) Act 2011. 3 But subsection (2) does not apply if— a there is no person appointed as convener at that time, b that person is unable or unwilling to be appointed as the Chief Counting Officer, c that person has been removed from office as the Chief Counting Officer under subsection (5), (in which case the Scottish Ministers must appoint such person as they consider appropriate). 4 The Chief Counting Officer may resign by giving notice in writing to the Scottish Ministers. 5 The Scottish Ministers may, by notice in writing, remove the Chief Counting Officer from office if— a where subsection (2) applies, the Chief Counting Officer ceases to be the convener of the Electoral Management Board for Scotland, b the Chief Counting Officer is convicted of any offence, or c they are satisfied that the Chief Counting Officer is unable to perform the Chief Counting Officer's functions by reason of any physical or mental illness or disability. 6 If the Chief Counting Officer dies, resigns or is removed from office, the Scottish Ministers must appoint another person to be the Chief Counting Officer. 7 The Chief Counting Officer may, in writing, appoint deputies to carry out some or all of the officer's functions and, so far as necessary for the purposes of carrying out those functions, any reference in this Act to the Chief Counting Officer is to be read as including a deputy. 8 A person may be appointed to be— a the Chief Counting Officer, b a deputy of the Chief Counting Officer, only if the person is or has been a returning officer appointed under section 41(1) of the 1983 Act. Other counting officers 8 1 The Chief Counting Officer must, in writing, appoint a counting officer for each local government area. 2 The Chief Counting Officer must notify the Scottish Ministers of each appointment made under subsection (1). 3 A counting officer may resign by giving notice in writing to the Chief Counting Officer. 4 The Chief Counting Officer may, by notice in writing, remove a counting officer from office if— a the Chief Counting Officer is satisfied that the counting officer is for any reason unable to perform the counting officer's functions, or b the counting officer fails to comply with a direction given or requirement imposed by the Chief Counting Officer. 5 If the counting officer for an area dies, resigns or is removed from office, the Chief Counting Officer must appoint another person to be the counting officer for the area. 6 A counting officer may, in writing, appoint deputies to carry out some or all of the officer's functions and, so far as necessary for the purposes of carrying out those functions, any reference in this Act to a counting officer is to be read as including a deputy. Functions of the Chief Counting Officer and other counting officers 9 1 The Chief Counting Officer is responsible for ensuring the proper and effective conduct of the referendum, including the conduct of the poll and the counting of votes, in accordance with this Act. 2 Each counting officer must— a conduct the poll and the counting of votes cast in the local government area for which the officer is appointed in accordance with this Act, and b certify— i the number of ballot papers counted by the officer, ii the number of votes cast in the area in favour of each answer to the referendum question, and iii the number of rejected ballot papers. 3 A counting officer— a must consult the Chief Counting Officer before making a certification under subsection (2)(b), and b must not make the certification or any public announcement of the result of the count until authorised to do so by the Chief Counting Officer. 4 The Chief Counting Officer must, for the whole of Scotland, certify— a the total number of ballot papers counted, b the total number of votes cast in favour of each answer to the referendum question, and c the total number of rejected ballot papers. 5 A counting officer must give the Chief Counting Officer any information which the Chief Counting Officer requires for the carrying out of the Chief Counting Officer's functions. 6 A counting officer must carry out the counting officer's functions under this Act in accordance with any directions given by the Chief Counting Officer. 7 Before giving a direction to a counting officer, the Chief Counting Officer must consult the Electoral Commission. 8 The Chief Counting Officer must not impose a requirement or give a direction that is inconsistent with this Act. 9 The Chief Counting Officer may— a appoint such staff, b require a council to provide, or ensure the provision of, such property, staff and services, as may be required by the Chief Counting Officer for the carrying out of the Chief Counting Officer's functions. 10 The council for the local government area for which a counting officer is appointed must provide, or ensure the provision of, such property, staff and services as may be required by the counting officer for the carrying out of the counting officer's functions. Correction of procedural errors 10 1 The Chief Counting Officer or a counting officer may take such steps as the officer thinks appropriate to remedy any act or omission on the officer's part, on the part of a deputy of the officer, or on the part of a relevant person, which— a arises in connection with any function the Chief Counting Officer, counting officer or relevant person (as the case may be) has in relation to the referendum, and b is not in accordance with the requirements of this Act relating to the conduct of the referendum. 2 But the Chief Counting Officer or a counting officer may not under subsection (1) re-count the votes cast in the referendum after the result has been declared. 3 For the purposes of subsection (1), each of the following is a relevant person— a in relation to the Chief Counting Officer, a counting officer or a deputy of a counting officer, b a registration officer, c a presiding officer, d a person providing goods or services to the counting officer, e a deputy of any registration officer or presiding officer, f a person appointed to assist or, in the course of the person's employment, assisting any person mentioned in paragraphs (b) to (d) in connection with any function that person has in relation to the referendum. 4 The Chief Counting Officer or a counting officer does not commit an offence under paragraph 5 of schedule 6 by virtue of an act or omission in breach of the officer's official duty if the officer remedies that act or omission in full by taking steps under subsection (1). 5 Subsection (4) does not affect any conviction, or any penalty imposed, before the date on which the act or omission is remedied in full. Expenses of counting officers 11 1 The Chief Counting Officer is entitled to recover from the Scottish Ministers charges for, and any expenses incurred in connection with, the exercise by the Chief Counting Officer of functions under this Act. 2 A counting officer is entitled to recover from the Scottish Ministers charges for, and any expenses incurred in connection with, the exercise by the counting officer of functions under this Act. 3 The amount of charges and expenses recoverable under this section is not to exceed such maximum amount as is specified in, or determined under, regulations made by the Scottish Ministers. 4 However the Scottish Ministers may pay an amount of charges or expenses that exceeds that maximum amount if they consider— a that it was reasonable for the Chief Counting Officer or, as the case may be, the counting officer, to incur the charges or expenses, and b that the amount of the charges or expenses is reasonable. 5 Regulations under subsection (3) may include provision for the submission by the Chief Counting Officer and counting officers to the Scottish Ministers of accounts of charges and expenses before payments are made by the Scottish Ministers, including provision about— a the time by which accounts are to be submitted, b the form and manner in which they are to be submitted. 6 Regulations under subsection (3)— a may make different provision for different functions, cases or areas, b may include incidental and supplementary provision. 7 If the Chief Counting Officer or a counting officer requests from the Scottish Ministers an advance on account of any charges or expenses recoverable by the officer from the Scottish Ministers under this section, the Scottish Ministers may make such advance on such terms as they think fit. Conduct rules 12 Schedule 2 makes provision about the conduct of the referendum. Campaign Campaign rules 13 Schedule 3 makes provision about the conduct of campaigning in the referendum, including provision— a limiting the amount of expenses that can be incurred by those campaigning in the referendum, b restricting the publication of certain material, c controlling donations, and the provision of loans and credit, to those campaigning in the referendum. Monitoring and securing compliance with the campaign rules 14 1 The Electoral Commission must— a monitor compliance with the restrictions and other requirements imposed by schedule 3, and b take such steps as they consider appropriate with a view to securing compliance with those restrictions and requirements. 2 The Electoral Commission may prepare and publish guidance setting out, in relation to any restriction or requirement imposed by schedule 3, their opinion on any of the following matters— a what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with the restriction or requirement, b what it is desirable to do (or avoid doing) in view of the purpose of the restriction or requirement. 3 Subsection (2) does not affect the generality of section 26(4). 4 Schedule 4 makes provision about the investigatory powers of the Electoral Commission for the purpose of subsection (1). 5 Schedule 5 makes provision for civil sanctions in relation to— a the commission of campaign offences, b the failure to comply with certain requirements imposed by schedule 3. 6 In this section, “ restriction ” includes a prohibition. Inspection of Electoral Commission's registers etc. 15 1 This section applies to any register kept by the Electoral Commission under paragraph 6 of schedule 3. 2 The Commission must make a copy of the register available for public inspection during ordinary office hours, either at the Commission's offices or at some convenient place appointed by them. 3 The Commission may make other arrangements for members of the public to have access to the contents of the register. 4 If requested to do so by any person, the Commission must supply the person with a copy of the register or any part of it. 5 The Commission may charge such reasonable fee as they may determine in respect of— a any inspection or access allowed under subsection (2) or (3), or b any copy supplied under subsection (4). 6 Subsections (2) to (5) apply in relation to any document a copy of which the Commission are for the time being required to make available for public inspection by virtue of paragraph 26, 45 or 63 of schedule 3 as they apply in relation to any register falling within subsection (1). 7 Where any register falling within subsection (1) or any document falling within subsection (6) is held by the Commission in electronic form, any copy— a made available for public inspection under subsection (2), or b supplied under subsection (4), must be made available, or (as the case may be) supplied, in a legible form. Campaign rules: general offences 16 1 A person commits an offence if— a the person— i alters, suppresses, conceals or destroys any document to which this subsection applies, or ii causes or permits the alteration, suppression, concealment or destruction of any such document, and b the person does so with the intention of falsifying the document or enabling any person to evade any of the provisions of schedules 3 to 5. 2 Subsection (1) applies to any book, record or other document which is or is liable to be required to be produced for inspection under paragraph 1 or 3 of schedule 4. 3 Subsection (4) applies where the relevant person in the case of a supervised organisation, or a person acting on behalf of the relevant person, requests a person holding an office in any such organisation (“ the office-holder ”) to supply the relevant person with any information which the relevant person reasonably requires for the purposes of any of the provisions of schedules 3 to 5. 4 The office-holder commits an offence if— a without reasonable excuse, the office-holder fails to supply the relevant person with that information as soon as practicable, or b in purporting to comply with the request, the office-holder knowingly supplies the relevant person with any information which is false in a material particular. 5 A person commits an offence if, with intent to deceive, the person withholds— a from the relevant person in the case of a supervised organisation, or b from a supervised individual, any information required by the relevant person or that individual for the purposes of any of the provisions of schedules 3 to 5. 6 In subsections (1) to (5) any reference to a supervised organisation or individual includes a reference to a former supervised organisation or individual. 7 A person who commits an offence under subsection (1), (4)(a) or (b) or (5) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 8 In this section— “ supervised individual ” means an individual who is a permitted participant, “ supervised organisation ” means a permitted participant other than an individual, “ relevant person ” means a person who is (or has been), in relation to a permitted participant, the responsible person for the purposes of this Act. Campaign offences: summary proceedings 17 1 Summary proceedings for a campaign offence may, without prejudice to any jurisdiction exercisable apart from this subsection, be taken— a against any body, including an unincorporated association, at any place at which it has a place of business, and b against an individual at any place at which the individual is for the time being. 2 Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences), summary proceedings for a campaign offence may be commenced within the period of 6 months after the relevant date but no later than 3 years after the date of commission of the offence; and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section. 3 In this section “ the relevant date ” means the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the prosecutor's knowledge. 4 For the purposes of subsection (3) a certificate of any prosecutor as to the date on which such evidence as is there mentioned came to the prosecutor's knowledge is conclusive evidence of that fact. Duty of court to report convictions to the Electoral Commission 18 The court by or before which a person is convicted of a campaign offence must notify the Electoral Commission of the conviction as soon as practicable. Referendum agents Referendum agents 19 1 A permitted participant may, for any local government area, appoint an individual (who may be the responsible person) to be the permitted participant's agent (“referendum agent”). 2 If a permitted participant appoints a referendum agent for a local government area, the responsible person must give the counting officer for that area notification of the name and address of— a the permitted participant, and b the referendum agent. 3 The notification must be— a in writing, b signed by the responsible person, and c given before noon on the twenty-fifth day before the date of the referendum. 4 For the purpose of subsection (3)(c), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve, Christmas Day or Easter Monday, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. 5 The duties imposed on a responsible person by this section may be discharged by any person authorised in writing by the responsible person. 6 A counting officer who receives a notification under subsection (2) must, as soon as practicable, publish notice of— a the name of the permitted participant, and b the name and address of the referendum agent. 7 If— a a permitted participant revokes the appointment of a referendum agent or a referendum agent dies, and b the permitted participant has notified the counting officer of the appointment of a polling or counting agent under rule 14 of the conduct rules, the permitted participant must, as soon as practicable, appoint another referendum agent under subsection (1). 8 Where subsection (7) applies, the notification under subsection (2) must be made as soon as practicable after the appointment of the new referendum agent (and subsection (3)(c) does not apply to that notification). Observers Attendance of Electoral Commission at proceedings and observation of working practices 20 1 A representative of the Electoral Commission may attend proceedings relating to the referendum that are the responsibility of— a the Chief Counting Officer, or b a counting officer. 2 The right conferred by subsection (1) is subject to any other provision of this Act which regulates attendance at the proceedings in question. 3 A representative of the Electoral Commission may observe the working practices of each of the following in carrying out functions under this Act— a a registration officer, b the Chief Counting Officer, c a counting officer, d any person acting under the direction of a person mentioned in paragraphs (a) to (c). 4 In this section, “ representative of the Electoral Commission ” means any of the following— a a member of the Electoral Commission, b a member of staff of the Electoral Commission, c a person appointed by the Electoral Commission for the purposes of this section. Accredited observers: individuals 21 1 A person who is aged 16 or over may apply to the Electoral Commission to be an accredited observer at any of the following proceedings relating to the referendum— a proceedings at the issue or receipt of postal ballot papers, b proceedings at the poll, c proceedings at the counting of votes. 2 If the Commission grant the application, the accredited observer may attend the proceedings in question. 3 An application under subsection (1) must be made in the manner specified by the Commission. 4 The Commission may at any time revoke the grant of an application under subsection (1). 5 If the Commission— a refuse an application under subsection (1), or b revoke the grant of any such application, they must give their decision in writing and must, when doing so, give reasons for the refusal or revocation. 6 The right conferred on an accredited observer by this section is subject to any provision of this Act which regulates attendance at the proceedings in question. Accredited observers: organisations 22 1 An organisation may apply to the Electoral Commission to be accredited for the purpose of nominating observers at any of the following proceedings relating to the referendum— a proceedings at the issue or receipt of postal ballot papers, b proceedings at the poll, c proceedings at the counting of votes. 2 If the Commission grant the application the organisation may nominate members who may attend the proceedings in question. 3 The Commission, in granting the application, may specify a limit on the number of observers nominated by the organisation who may attend, at the same time, specified proceedings by virtue of this section. 4 An application under subsection (1) must be made in the manner specified by the Commission. 5 The Commission may at any time revoke the grant of an application under subsection (1). 6 If the Commission— a refuse an application under subsection (1), or b revoke the grant of any such application, they must give their decision in writing and must, when doing so, give reasons for the refusal or revocation. 7 The right conferred by this section is subject to any provision of this Act which regulates attendance at the proceedings in question. Attendance and conduct of accredited observers 23 1 A relevant officer may limit the number of persons who may be present at any proceedings at the same time by virtue of section 21 or 22. 2 If a person who is entitled to attend any proceedings by virtue of section 21 or 22 commits misconduct while attending the proceedings, the relevant officer may cancel the person's entitlement. 3 Subsection (2) does not affect any power that a relevant officer has by virtue of any enactment or rule of law to remove a person from any place. 4 A relevant officer is— a in the case of proceedings at a polling station, the presiding officer, b in the case of any other proceedings at the referendum, the Chief Counting Officer or a counting officer, c any other person authorised by a person mentioned in paragraph (a) or (b) for the purposes of the proceedings mentioned in that paragraph. Code of practice on attendance of observers 24 Section 6G of the 2000 Act (code of practice on attendance of observers at Scottish parliamentary elections and local government elections in Scotland) applies in relation to the referendum as it applies in relation to Scottish Parliamentary general elections, elections under section 9 of the Scotland Act 1998 (constituency vacancies) and local government elections in Scotland (and accordingly the code prepared under that section applies in relation to the referendum), but as if— a references to accredited observers were to be construed in accordance with section 21 of this Act, b references to accredited organisations and a nominated member were to be construed in accordance with section 22 of this Act, c references to representatives of the Commission were to be construed in accordance with section 20(4) of this Act, d the reference in subsection (2)(a) to section 6C(1) and 6D(1) of the 2000 Act were a reference to section 21(1) and 22(1) of this Act, e the reference in subsection (2)(c) to section 6E of the 2000 Act were a reference to section 23 of this Act, f the reference in subsection (2)(f) to sections 6A, 6B, 6C and 6D of the 2000 Act were a reference to sections 20, 21 and 22 of this Act, g in subsection (7)— i the reference to section 6A, 6B, 6C, 6D or 6E of the 2000 Act were a reference to sections 20, 21, 22 and 23 of this Act, ii the reference to section 6E of the 2000 Act were a reference to section 23 of this Act. Information, guidance, advice and encouragement Information for voters 25 1 The Electoral Commission must take such steps as they consider appropriate to promote public awareness and understanding in Scotland about— a the referendum, b the referendum question, and c voting in the referendum. 2 Each Scottish public authority must take such steps as it considers appropriate to— a encourage people entitled to vote in the referendum to register to vote, b promote public awareness and understanding in Scotland about— i registering to vote, ii the manner of voting, including how and when to vote, and iii any such other matter about voting in the referendum as it considers appropriate. Guidance 26 1 The Electoral Commission may issue guidance to the Chief Counting Officer about the exercise of the Chief Counting Officer's functions under this Act. 2 The Chief Counting Officer may issue guidance to counting officers and registration officers about the exercise of their respective functions under this Act. 3 The Electoral Commission may, with the consent of the Chief Counting Officer, issue guidance to counting officers about the exercise of their functions under this Act. 4 The Electoral Commission may issue guidance to permitted participants and persons who may become permitted participants about the provisions set out in schedule 3 of this Act. 5 Guidance issued under subsection (4) must include information on what may constitute a common plan or other arrangement for the purposes of paragraph 21 of schedule 3. Advice 27 The Electoral Commission may, if asked to do so by any person, provide the person with advice about— a the application of this Act, b any other matter relating to the referendum. Encouraging participation 28 1 The Chief Counting Officer must take whatever steps the Chief Counting Officer considers appropriate to— a encourage participation in the referendum, and b facilitate co-operation among officers taking steps under this section. 2 A counting officer must take whatever steps the counting officer considers appropriate to encourage participation in the referendum in the local government area for which the officer is appointed. 3 A registration officer must take whatever steps the registration officer considers appropriate to encourage participation in the referendum in the area for which the officer acts. Report on referendum Report on the conduct of the referendum 29 1 As soon as practicable after the referendum, the Electoral Commission must prepare and lay before the Scottish Parliament a report on the conduct of the referendum. 2 The report must include a summary of— a how the Commission have carried out their functions under this Act, b the expenditure incurred by the Commission in carrying out those functions, 3 The Chief Counting Officer must provide the Commission with such information as they may require for the purposes of the report. 4 In preparing the report, the Commission must consult such persons as they consider appropriate. 5 On laying the report, the Commission must publish the report in such manner as they may determine. 6 In the 2000 Act, in schedule 1, in paragraph 20(1) (report on Electoral Commission's functions), the reference to the Commission's functions does not include a reference to the Commission's functions under this Act. Electoral Commission: administrative provision Reimbursement of Commission's costs 30 1 The SPCB must reimburse the Electoral Commission for any expenditure properly incurred by the Commission that is attributable to the carrying out of the Commission's functions under this Act. 2 Subsection (1) does not require the SPCB to reimburse any expenditure which exceeds or is otherwise not covered by an estimate or, as the case may be, a revised estimate approved under section 31. 3 However, the SPCB may reimburse that expenditure. 4 In the 2000 Act, in schedule 1, paragraph 14(1) (financing of the Electoral Commission) has effect as if paragraph (a) included a reference to expenditure reimbursed under subsection (1) or (3) of this section. Estimates of expenditure 31 1 The Electoral Commission must, before the start of each financial year— a prepare an estimate of the Commission's expenditure for the year that is attributable to the carrying out of their functions under this Act, and b send the estimate to the SPCB for approval. 2 The Commission may, in the course of a financial year, prepare a revised estimate for the remainder of the year and send it to the SPCB for approval. 3 The period from the commencement of this Act until the following 31 March is treated, for the purposes of this section, as the first financial year. 4 Subsection (1) has effect in relation to the first financial year as if the reference to the start of the financial year were a reference to the end of the period of one month beginning with the date of the commencement of this Act. 5 In the 2000 Act, in schedule 1, paragraph 14(2) (Commission to prepare estimates of income and expenditure) does not apply in relation to income and expenditure of the Commission that is attributable to the carrying out of their functions under this Act. Maladministration 32 In the Scottish Public Services Ombudsman Act 2002, in section 7(6D) (restrictions on investigations), after “Scotland”, insert “ or the exercise of the Commission's functions under the Referendums (Scotland) Act 2020 ” . Registration Information about persons aged under 16 33 1 Section 14 of the Scottish Elections (Reduction of Voting Age) Act 2015 (exceptions from prohibition on disclosure of information about persons aged under 16) is amended as follows. 2 In subsection (1)— a omit the “or” following paragraph (a), b after paragraph (b) insert , or c the conduct of a referendum in accordance with the Referendums (Scotland) Act 2020. . 3 In subsection (3), after “election” insert “ or referendum ” . 4 In subsection (4), after paragraph (h) insert— i the Referendums (Scotland) Act 2020. . 5 In subsection (5)— a omit the “or” following paragraph (a), b after paragraph (b) insert , or c the conduct of a referendum in accordance with the Referendums (Scotland) Act 2020. . Registration officers' expenses 34 1 A registration officer is entitled to recover from the Scottish Ministers any expenses incurred by the registration officer that are attributable specifically to the exercise of the registration officer's functions under this Act. 2 The amount of expenses recoverable under this section is not to exceed such maximum amount as is specified in, or determined under, regulations made by the Scottish Ministers. 3 However the Scottish Ministers may pay an amount of expenses that exceeds that maximum amount if they consider— a that it was reasonable for the registration officer to incur the expenses, and b that the amount of the expenses is reasonable. 4 Regulations under subsection (2) may include provision for the submission by registration officers to the Scottish Ministers of accounts of expenses before payments are made by the Scottish Ministers, including provision about— a the time by which accounts are to be submitted, b the form and manner in which they are to be submitted. 5 Regulations under subsection (2)— a may make different provision for different functions, cases or areas, b may include incidental and supplementary provision. Offences Offences 35 Schedule 6 makes provision about offences in or in connection with the referendum. Individual culpability for offending by an organisation 36 1 Subsection (2) applies where— a an offence under this Act is committed by— i a body corporate, ii a Scottish partnership, or iii an unincorporated association other than a Scottish partnership, and b the commission of the offence involves the connivance or consent of, or is attributable to the neglect of— i a relevant individual, or ii an individual purporting to act in the capacity of a relevant individual. 2 The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence. 3 In subsection (1), “ relevant individual ” means— a in relation to a body corporate (other than a limited liability partnership)— i a director, manager, secretary or other similar officer of the body, ii where the affairs of the body are managed by its members, a member, b in relation to a limited liability partnership, a member, c in relation to a Scottish partnership, a partner, d in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association. Power to modify this Act Power to modify this Act 37 1 The Scottish Ministers may by regulations make such modifications of this Act as they consider necessary or expedient— a in consequence of or in connection with any modification of any other enactment relating to— i the conduct of referendums or campaigning in any referendum, ii the conduct of elections or campaigning in elections, iii entitlement to vote at any referendum or any election, b to give effect to recommendations of the Electoral Commission. 2 Regulations under subsection (1) may include incidental, supplementary, consequential, transitional, transitory or saving provision. 3 Regulations under subsection (1) are subject to the affirmative procedure. 4 The Scottish Ministers must consult the Electoral Commission and such other persons as they consider appropriate before laying a draft Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament for approval. 5 When laying a draft Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must also lay before the Parliament a document giving details of— a the consultation carried out under subsection (4), b any representations received as a result of the consultation, and c the changes (if any) made to the proposed draft regulations as a result of those representations. Power to vary specified sums 38 1 The Scottish Ministers may by regulations vary any sum for the time being specified in this Act. 2 The Scottish Ministers may make regulations under subsection (1)— a where they consider it expedient to do so in consequence of changes in the value of money, or b in order to give effect to a recommendation of the Electoral Commission. 3 Regulations under subsection (1) are— a where subsection (2)(a) applies, subject to the negative procedure, b where subsection (2)(b) applies, subject to the affirmative procedure. 4 This section does not affect the generality of the power conferred by section 37(1). Legal proceedings Restriction on legal challenge to referendum result 39 1 No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast as certified by a counting officer or by the Chief Counting Officer under section 9(2)(b) or (as the case may be) (4) unless— a the proceedings are brought by way of a petition for judicial review, and b the petition is lodged before the end of the permitted period. 2 In subsection (1)(b) “ the permitted period ” means the period of 8 weeks beginning with— a the day on which the officer in question makes the certification as to the number of ballot papers counted and votes cast in the referendum, or b if the officer makes more than one such certification, the day on which the last is made. 3 In subsection (1), references to a petition for judicial review are references to an application to the supervisory jurisdiction of the Court of Session. Final provisions Interpretation 40 Schedule 7 provides definitions for words and expressions used in this Act. Commencement 41 This Act comes into force on the day after Royal Assent. Short title 42 The short title of this Act is the Referendums (Scotland) Act 2020. SCHEDULE 1 Further provision about voting in the referendum (introduced by section 6) PART 1 Manner of voting Manner of voting 1 1 This paragraph applies to determine the manner of voting of a voter. 2 A voter may vote in person at the polling station allotted to the voter under rule 9(1)(b) of the conduct rules unless the voter is entitled to an absent vote in the referendum. 3 A voter may vote by post if the voter is entitled to vote by post in the referendum. 4 If a voter is entitled to vote by proxy in the referendum, the voter may so vote unless, before a ballot paper is issued for the voter to vote by proxy, the voter applies at the polling station allotted to the voter under rule 9(1)(b) of the conduct rules for a ballot paper for the purpose of voting in person, in which case the voter may vote in person there. 5 If a voter— a is not entitled to an absent vote in the referendum, and b cannot reasonably be expected to go in person to the polling station allotted to the voter under rule 9(1)(b) of the conduct rules because of the particular circumstances of the voter's employment, either as a constable or by the counting officer, on the date of the referendum for a purpose connected with the referendum, the voter may vote in person at any polling station in the local government area in which the polling station allotted to the voter is situated. 6 Nothing in sub-paragraphs (1) to (5) applies to— a a voter to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether the voter is registered by virtue of that provision or not, and such a voter may vote— i in person at the polling station allotted to the voter under rule 9(1)(b) of the conduct rules (if granted permission to be absent from the hospital and voting in person does not breach any condition attached to the permission), or ii by post or by proxy (if entitled so to vote in the referendum), or b a voter to whom section 7A of that Act (person remanded in custody) applies, whether the voter is registered by virtue of that provision or not, and such a voter may only vote by post or by proxy (if entitled so to vote in the referendum). 7 Sub-paragraph (2) does not prevent a voter, at the polling station allotted to the voter under rule 9(1)(b) of the conduct rules, marking a tendered ballot paper in pursuance of rule 24 of those rules. 8 For the purposes of this Act— a references to a voter being entitled to an absent vote in the referendum are references to the voter being entitled to vote by post or by proxy in the referendum, and b a voter is entitled to vote— i by post in the referendum if the voter is shown in the postal voters list (see paragraph 4(2)) for the referendum as so entitled, ii by proxy in the referendum if the voter is shown in the list of proxies (see paragraph 4(3)) for the referendum as so entitled. Existing absent voters 2 1 A person is taken to have been granted a vote by post in the referendum if the person is— a shown in the record maintained under paragraph 3(4) of schedule 4 of the Representation of the People Act 2000 as voting by post at local government elections for an indefinite period or for a period which extends beyond the date of the referendum, or b shown in the record maintained by the registration officer of persons entitled to vote by post at Scottish parliamentary elections for an indefinite period or for a period which extends beyond the date of the referendum. 2 Such a person is referred to in this schedule as an “existing postal voter”. 3 A person is taken to have been granted a vote by proxy in the referendum if the person is— a shown in the record maintained under paragraph 3(4) of schedule 4 of the Representation of the People Act 2000 as voting by proxy at local government elections for an indefinite period or for a period which extends beyond the date of the referendum, or b shown in the record maintained by the registration officer of persons entitled to vote by proxy at Scottish parliamentary elections for an indefinite period or for a period which extends beyond the date of the referendum. 4 Such a person is referred to in this schedule as an “existing proxy voter”. 5 Sub-paragraph (1) does not apply to a person if the person is granted a vote by proxy by virtue of an application under paragraph 3. 6 Sub-paragraph (3) does not apply to a person if the person is granted a vote by post by virtue of an application under paragraph 3. Applications for absent vote 3 1 Where a person applies to the registration officer to vote by post in the referendum, the registration officer must grant the application if— a the registration officer is satisfied that the applicant is registered in the register of local government electors maintained by the officer or will be registered in that register on the date of the referendum, and b the application meets the requirements set out in paragraph 7. 2 Where a person applies to the registration officer to vote by proxy in the referendum, the registration officer must grant the application if— a the registration officer is satisfied that the applicant's circumstances on the date of the referendum will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted, or likely to be allotted, to the applicant under rule 9(1)(b) of the conduct rules, b the registration officer is satisfied that the applicant is registered in the register of local government electors maintained by the officer or will be registered in that register on the date of the referendum, and c the application meets the requirements set out in paragraph 7. 3 Where a person who has an anonymous entry in the register of local government electors maintained by a registration officer applies to the registration officer to vote by proxy in the referendum, the registration officer must grant the application if it meets the requirements set out in paragraph 7. 4 Sub-paragraphs (1) and (2) do not apply to a person who is an existing postal voter or an existing proxy voter. 5 If an existing postal voter applies to the appropriate registration officer for the person's ballot paper to be sent to a different address from that shown in the record referred to in paragraph 2(1) in relation to that existing postal voter, the registration officer must grant the application if it meets the requirements set out in paragraph 7. 6 If an existing postal voter applies to the appropriate registration officer to vote by proxy in the referendum, the registration officer must grant the application if— a the registration officer is satisfied that the applicant's circumstances on the date of the referendum will be or are likely to be such that the person cannot reasonably be expected to vote in person at the polling station allotted, or likely to be allotted, to the person under rule 9(1)(b) of the conduct rules, and b the application meets the requirements set out in paragraph 7. 7 If an existing proxy voter applies to the appropriate registration officer to vote by post in the referendum, the registration officer must grant the application if it meets the requirements set out in paragraph 7. 8 In sub-paragraphs (5) to (7), “ appropriate registration officer ” means, in relation to an existing postal voter or an existing proxy voter, the registration officer responsible for keeping the record mentioned in paragraph 2(1) or (3) by virtue of which the person is such a voter. Absent voters lists 4 1 Each registration officer must keep the 2 lists mentioned in sub-paragraphs (2) and (3). 2 The first list (the “postal voters list”) is a list of— a those who are existing postal voters by reason of an entry in a record mentioned in paragraph 2(1) kept by the registration officer, together with the addresses— i shown in the record mentioned in that paragraph, or ii provided in any application by them under paragraph 3(5), as the addresses to which their ballot papers are to be sent, and b those granted a vote by post in the referendum by the registration officer by virtue of an application under paragraph 3 together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent. 3 The second list (the “list of proxies”) is a list of— a those who are existing proxy voters by reason of an entry in a record mentioned in paragraph 2(3) kept by the registration officer, and b those granted a vote by proxy in the referendum by the registration officer by virtue of an application under paragraph 3, together (in each case) with the names and addresses of those appointed as their proxies. 4 In the case of a person who has an anonymous entry in the register of local government electors, any entry in the postal voters list or list of proxies must show in relation to the person only the person's voter number. 5 Where a person is removed from the postal voters list or the list of proxies, the registration officer must, where practicable, notify the person of the removal and the reason for it. Proxies 5 1 Subject to the provisions of this paragraph, any person is capable of being appointed as proxy to vote for another in the referendum and may vote in pursuance of the appointment. 2 A person (“A”) cannot have more than one person at a time appointed as proxy to vote for A in the referendum. 3 A person is not capable of being appointed to vote, or of voting, as proxy at the referendum— a if the person is subject to any legal incapacity (age apart) to vote in the referendum, or b if the person is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the European Union. 4 A person is not capable of being appointed to vote, or of voting, as proxy unless the registration officer is satisfied that the person is or will be registered in the register of local government electors. 5 A person is not capable of voting as a proxy in the referendum unless, on the date of the referendum, the person is of voting age. 6 A person is not entitled to vote as proxy in the referendum on behalf of more than 2 others of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild. 7 If there is an existing proxy for an existing proxy voter, the existing proxy is taken to have been appointed as proxy to vote for the existing proxy voter in the referendum. 8 In sub-paragraph (7), “ existing proxy ” means, in relation to an existing proxy voter— a a person appointed under paragraph 6(7) of schedule 4 of the Representation of the People Act 2000 as proxy to vote for the existing proxy voter at local government elections, or b if there is no such person, a person appointed as proxy to vote for the existing proxy voter at Scottish parliamentary elections for an indefinite period or for a period which extends beyond the date of the referendum. 9 Where a person applies to the registration officer for the appointment of a proxy to vote for the person in the referendum, the registration officer must make the appointment if— a the registration officer is satisfied that the applicant is or will be— i registered in the register of local government electors maintained by the officer, and ii entitled to vote by proxy in the referendum by virtue of paragraph 2(3) or an application under paragraph 3, b the registration officer is satisfied that the proxy is capable of being and willing to be appointed, and c the application meets the requirements in paragraph 7. 10 The appointment of a proxy under this paragraph is to be made by means of a proxy paper issued by the registration officer. 11 The appointment of a proxy to vote for a person (“A”) in the referendum— a may be cancelled by A by giving notice to the registration officer, and b ceases to have effect on the issue of a proxy paper appointing a different person to vote for A in the referendum. Voting as proxy 6 1 A person entitled to vote as proxy for another (“A”) in the referendum may do so in person at the polling station allotted to A under rule 9(1)(b) of the conduct rules unless the person is entitled to vote by post as proxy in the referendum, in which case the person may vote by post. 2 Where a person is entitled to vote by post as proxy for another (“A”) in the referendum, A may not apply for a ballot paper for the purpose of voting in person at the referendum. 3 For the purposes of this schedule, a person entitled to vote as proxy for another in the referendum is entitled so to vote by post if the person is included in the proxy postal voters list (see sub-paragraph (7)). 4 An existing proxy is taken to have been granted a vote by post as proxy if the existing proxy is— a shown in the record kept under paragraph 7(6) of schedule 4 of the Representation of the People Act 2000 as voting by post as proxy at local government elections for an indefinite period or for a period which extends beyond the date of the referendum, or b shown in the record maintained by the registration officer of persons entitled to vote by post as proxy at Scottish parliamentary elections for an indefinite period or for a period which extends beyond the date of the referendum. 5 In sub-paragraph (4), “ existing proxy ” means a person who is taken to have been appointed as proxy by virtue of paragraph 5(7). 6 Where a person applies to the registration officer to vote by post as proxy for another (“A”) in the referendum, the registration officer must grant the application if— a the registration officer is satisfied that A is registered in the register of local government electors maintained by the officer or will be registered in that register on the date of the referendum, b there is in force an appointment of the applicant as A's proxy to vote for A in the referendum, and c the application meets the requirements in paragraph 7. 7 The registration officer must keep a special list (the “proxy postal voters list”) of— a those taken to have been granted a vote by post as proxy by virtue of sub-paragraph (4) by reason of an entry in a record mentioned in that sub-paragraph kept by the registration officer, together with the addresses shown in the record as the addresses to which their ballot papers are to be sent, and b those whose applications under sub-paragraph (6) have been granted by the registration officer, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent. 8 Where a person to be included in the proxy postal voters list applies to the registration officer for the person's ballot paper to be sent to a different address, the registration officer must grant the application if it meets the requirements in paragraph 7. 9 In the case of a person who has an anonymous entry in the register of local government electors, the proxy postal voters list must contain only the person's voter number. 10 The registration officer must keep a record in relation to those whose applications under sub-paragraph (6) have been granted showing— a their dates of birth, and b except in cases where the registration officer in pursuance of paragraph 7(6) (or other provision to like effect) has dispensed with the requirement to provide a signature, their signatures. 11 The registration officer must retain the record kept under sub-paragraph (10) for the period of one year following the date of the referendum. 12 Sub-paragraph (2) does not prevent a person (“A”), at the polling station allotted to A under rule 9(1)(b) of the conduct rules, from marking a tendered ballot paper in pursuance of rule 24 of those rules. Requirements as to applications 7 1 This paragraph applies in relation to applications under paragraph 3, 5(9) or 6(6) or (8). 2 An application must— a be made in writing, b state the date on which it is made, and c be made before the cut-off date. 3 An application to vote by post (including an application to vote by post as a proxy) must contain— a the applicant's full name and date of birth, b the applicant's signature, and c the address to which the ballot paper is to be sent. 4 An application to vote by proxy must contain— a the applicant's full name and date of birth, b the applicant's signature, c a statement of the reasons why the applicant's circumstances on the date of the referendum will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the applicant under rule 9(1)(b) of the conduct rules, and d an application under paragraph 5(9) for the appointment of a proxy. 5 An application to vote by proxy made as described in sub-paragraph (9)(a) must also meet any applicable additional requirements set out in paragraph 8. 6 The registration officer may, in relation to any application to which sub-paragraph (3) or (4) applies, dispense with the requirement to include the applicant's signature if the officer is satisfied that the applicant is unable— a to provide a signature because— i of any disability that the applicant has, or ii the applicant is unable to read or write, or b to sign in a consistent and distinctive way because of any such disability or inability. 7 For the purposes of sub-paragraphs (3)(a) and (b) and (4)(a) and (b), the applicant's date of birth and signature must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning and, in particular— a the date of birth must be set out numerically in the sequence day, month, year (for example, the date 30 July 1965 must be set out 30071965), b the signature must be written within an area of white, unlined paper no smaller than 5 centimetres by 2 centimetres. 8 An application for the appointment of a proxy must state the full name and address of the person whom the applicant wishes to appoint as proxy, together with that person's family relationship, if any, with the applicant and— a if the application is signed only by the applicant, the application must contain a statement signed by the applicant that the applicant has consulted the person so named and that that person is capable of being and willing to be appointed to vote as the applicant's proxy, or b if the application is signed also by the person to be appointed as proxy, must contain a statement by that person that the person is capable of being and willing to be appointed to vote as the applicant's proxy. 9 Sub-paragraph (10) applies in relation to an application to vote by proxy (and an application under paragraph 5(9) for the appointment of a proxy contained in such an application to vote by proxy)— a made after the cut-off date and on the grounds that the applicant cannot reasonably be expected to vote in person at the polling station allotted under rule 9(1)(b) of the conduct rules because— i of a disability suffered before that date, in circumstances where the disability means that the application could not reasonably have been made before that date, ii of a disability suffered after that date, or iii of reasons relating to the applicant's occupation, service or employment, of which the applicant only became aware after the cut-off date, or b by a person to whom paragraph 1(6)(a) applies. 10 Sub-paragraph (2)(c) does not apply in relation to the application and instead the application must be made before 5pm on the date of the referendum. 11 Sub-paragraph (12) applies in relation to an application under paragraph 3(5) or 6(8) for the person's ballot paper to be sent to a different address. 12 Subject to sub-paragraph (13), the application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that address. 13 The requirement in sub-paragraph (12) does not apply where an applicant has, or has applied for, an anonymous entry. Additional requirements as to certain applications to vote by proxy 8 1 Sub-paragraphs (3) to (7) apply in relation to an application to vote by proxy made as described in paragraph 7(9)(a)(i). 2 Sub-paragraphs (4) to (7) apply in relation to an application to vote by proxy made as described in paragraph 7(9)(a)(ii). 3 The application must contain a statement of the reasons why the applicant did not apply before the cut-off date. 4 The application must contain a statement of the date on which the applicant became aware of the reasons given in the statement required by paragraph 7(4)(c). 5 Where the application is made on or after the fifth day before the date of the referendum, the application must be signed by a person who— a is aged 16 or over, b knows the applicant, and c is not related to the applicant. 6 The person who signs the application in accordance with sub-paragraph (5) must certify in the application that the following information is true to the best of the person's knowledge and belief— a the information given in the statement required by sub-paragraph (4), and b the reasons given in the statement required by paragraph 7(4)(c). 7 That person must also state in the application— a the person's name and address, b that the person— i is aged 16 or over, ii knows the applicant, and iii is not related to the applicant. 8 Sub-paragraphs (10) to (13) apply in relation to an application to vote by proxy made as described in paragraph 7(9)(a)(iii). 9 But sub-paragraphs (11) to (13) do not apply if the applicant is or will be registered as a service voter. 10 The application must contain a statement of— a where the applicant is an employee, the name of the applicant's employer, b where the applicant is not an employee, details of the applicant's occupation or service, c the date on which the applicant became aware of the reasons given in the statement required by paragraph 7(4)(c). 11 Where the application is made on or after the fifth day before the date of the referendum, the application must be signed— a where the applicant is an employee, by— i the applicant's employer, or ii another employee to whom this function is delegated by the employer, b where the applicant is not an employee, by a person who— i is aged 16 or over, ii knows the applicant, and iii is not related to the applicant. 12 The person who signs the application in accordance with sub-paragraph (11) must certify in the application that the following information is true to the best of the person's knowledge and belief— a the information given in the statement required by sub-paragraph (10), and b the reasons given in the statement required by paragraph 7(4)(c). 13 That person must also state in the application— a the person's name and address, b if the applicant is an employee, either (as the case may be)— i that the person is the applicant's employer, or ii the position that the person holds in the employment of the applicant's employer, c if the applicant is not an employee, that the person— i is aged 16 or over, ii knows the applicant, and iii is not related to the applicant. 14 For the purposes of this paragraph— a a person (“A”) is related to another person (“B”) if A is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of B, b a person is registered as a service voter if the person has made a service declaration under section 15 of the 1983 Act and is registered in the register of local government electors in pursuance of it. 15 For the purposes of sub-paragraphs (5) and (11), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve, Christmas Day or Easter Monday, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. Grant or refusal of applications 9 1 This paragraph applies in relation to applications under paragraph 3, 5(9) or 6(6) or (8). 2 Where the registration officer grants an application, the officer must notify the applicant. 3 Where the registration officer refuses an application, the officer must notify the applicant of the decision and of the reason for it. 4 Where an application under paragraphs 3(2) and 5(9) is granted, the registration officer must, where practicable, notify the voter of— a the appointment of the proxy, and b the name and address of the proxy. Forms 10 1 The registration officer must, on request, provide free of charge to any person who satisfies the officer of the person's intention to use the forms in connection with the referendum as many forms for use in connection with— a applications to register as a voter at the referendum, and b applications for an absent vote at the referendum, as appear to the registration officer to be reasonable in the circumstances. 2 The forms provided under sub-paragraph (1)(b) are to be in the form prescribed. Personal identifiers record 11 1 Each registration officer must keep a record in relation to persons granted applications to which paragraph 7(3) or (4) applies showing— a their dates of birth, and b except in cases where the officer has under paragraph 7(6) dispensed with the requirement for a signature, their signatures. 2 The registration officer must, as soon as possible after the cut-off date, either— a provide the relevant counting officer with a copy of the information contained in the record, or b give the relevant counting officer access to the information. 3 A registration officer may disclose information contained in the record to any other registration officer if the registration officer disclosing it thinks that to do so would assist the other registration officer in the carrying out of the other officer's functions. 4 A counting officer may disclose information contained in the record to any other person if the counting officer thinks that to do so would assist the other person in ascertaining whether postal ballot papers have been returned in accordance with rule 30(4) of the conduct rules. Marked lists for polling stations 12 To indicate that a voter or a voter's proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” is to be placed against the entry of that voter in any list of voters (or any part of a list) provided for a polling station. Appeals 13 1 Where an appeal under section 56 of the 1983 Act (registration appeals) is pending when notice of the referendum is given— a the appeal does not prejudice the operation as respects the referendum of the decision appealed against, and b anything done in pursuance of the decision is as good as if no such appeal had been brought and is not affected by the decision on the appeal. 2 Where, as a result of the decision on an appeal under section 56 of the 1983 Act, an alteration in the register of local government electors is made which takes effect under section 13(5), 13A(2), 13AB(3) or 13B(3) or (3B) of the 1983 Act on or before the date of the referendum, sub-paragraph (1) does not apply to the appeal. PART 2 Registration Effect of register 14 1 A person registered in the register of local government electors or entered in the list of proxies is not to be excluded from voting in the referendum on any of the grounds set out in sub-paragraph (2), but this does not affect the person's liability to any penalty for voting. 2 The grounds referred to in sub-paragraph (1) are— a that the person is not of voting age, b that the person is not or was not at any particular time— i a Commonwealth citizen, ii a citizen of the Republic of Ireland, or iii a relevant citizen of the European Union, c that the person is or was at any particular time otherwise subject to any other legal incapacity to vote in the referendum. Effect of misdescription 15 No misnomer or inaccurate description of any person or place named— a in the register of local government electors, or b in any list, proxy paper, ballot paper, notice or other document required for the purposes of this Act, affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood. Carrying out of registration functions 16 1 A registration officer must carry out the registration officer's functions under this Act in accordance with any directions given by the Chief Counting Officer. 2 Before giving a direction to a registration officer, the Chief Counting Officer must consult the Electoral Commission. 3 The Chief Counting Officer must not give a direction that is inconsistent with this Act or any other enactment under which a registration officer exercises functions. 4 Any of the functions of a registration officer under this Act may be carried out by a deputy for the time being approved by the council which appointed the registration officer, and the provisions of this Act apply to any such deputy so far as respects any functions to be carried out by the deputy as they apply to the registration officer. 5 Each council must assign such officers to assist the registration officer appointed by the council as may be required for carrying out the registration officer's functions under this Act. Alterations in the register of local government electors 17 1 An alteration in the register of local government electors under section 13A(2) (alteration of registers) or 56 (registration appeals) of the 1983 Act which is to take effect after the fifth day before the date of the referendum does not have effect for the purposes of the referendum. 2 For the purposes of sub-paragraph (1), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve, Christmas Day or Easter Monday, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. 3 Section 13B(2) to (6) of the 1983 Act applies in relation to the referendum as it applies in relation to an election to which that section applies but as if— a any reference to the appropriate publication date were a reference to the fifth day before the date of the referendum, b any reference to the date of the poll at such an election were a reference to the date of the referendum, c any reference to the relevant election area were a reference to the area for which the registration officer acts, d any reference to the prescribed time on the day of the poll were a reference to 9pm on the date of the referendum, e any reference to the issuing of a notice in the prescribed manner were a reference to the issuing of the notice in such manner and form as the registration officer may determine. 4 Section 13AB of the 1983 Act applies in relation to the referendum as it applies in relation to an election to which that section applies, but as if— a the reference in subsection (1)(b) to the relevant election area were a reference to the area for which the registration officer acts, b the reference in subsection (2) to the issuing of a notice in the prescribed manner were a reference to the issuing of the notice in such manner and form as the registration officer may determine, c for subsections (4) to (6) there were substituted— 4 There are two interim publication dates, which are to be determined by the registration officer. 5 The second interim publication date must be before the appropriate publication date. 6 Before determining the interim publication dates, the registration officer must consult the counting officer. , d the reference in subsection (5) to the appropriate publication date were a reference to the fifth day before the date of the referendum, e in subsection (7)— i in paragraph (a), “or 13BC(3) or (6)” were omitted, ii paragraph (b)(ii) were omitted, f subsections (7A), (8), (9) and (10) were omitted. 5 The Scottish Ministers may by regulations modify sub-paragraph (1), (3)(a) or (4)(d) for the purposes of the referendum. 6 Regulations under sub-paragraph (5) are subject to the negative procedure. 7 The Scottish Ministers must consult the Electoral Commission before making regulations under sub-paragraph (5). The cut-off date 18 1 In this Act, the cut-off date means— a in relation to an application under paragraph 3(2) or 5(9), 5pm on the sixth day before the date of the referendum, b in any other case, 5pm on the eleventh day before the date of the referendum. 2 For the purpose of ascertaining the cut-off date, the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve, Christmas Day or Easter Monday, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. PART 3 Postal voting: issue and receipt of ballot papers Persons entitled to be present at issue and receipt of postal ballot papers 19 1 Without prejudice to sections 20 to 22, no person may be present at the proceedings on the issue of postal ballot papers other than the counting officer and the counting officer's staff. 2 Without prejudice to sections 20 to 22, no person may be present at the proceedings on the receipt of postal ballot papers other than— a the counting officer and the counting officer's staff, b a referendum agent or any person appointed by a referendum agent to attend in such referendum agent's place, c any agents appointed under sub-paragraph (3). 3 Each referendum agent may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers (“postal ballot agents”). 4 The number of postal ballot agents that may be appointed under sub-paragraph (3)— a is to be determined by the counting officer, and b is to be the same for each referendum agent. 5 A referendum agent who appoints postal ballot agents must give the counting officer notice of the appointment no later than the time fixed for the opening of the postal voters box. 6 If a postal ballot agent dies or becomes unable to perform the agent's functions, the referendum agent may appoint another agent and must give the counting officer notice of the new appointment as soon as practicable. 7 A notice under sub-paragraph (5) or (6)— a must be given in writing, and b must give the names and addresses of the persons appointed. 8 In this Part of this schedule, references to postal ballot agents are to agents appointed under sub-paragraph (3) or (6)— a whose appointments have been duly made and notified, and b who are within the number authorised by the counting officer. 9 Where in this Part of this schedule anything is required or authorised to be done in the presence of postal ballot agents, the non-attendance of any agent or agents at the time and place appointed for the purpose does not invalidate the thing (if the thing is otherwise duly done). Notification of requirement of secrecy 20 The counting officer must make such arrangements as are practicable to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy of sub-paragraphs (7), (9) and (10) of paragraph 7 of schedule 6. Time when postal ballot papers are to be issued 21 The counting officer is to issue postal ballot papers (and postal voting statements) as soon as practicable. Issue of postal ballot papers 22 1 The number of the voter as stated in the register of local government electors must be marked on the corresponding number list, next to the unique identifying number of the ballot paper issued to that voter. 2 A mark is to be placed in the postal voters list or the proxy postal voters list against the number of the voter to denote that a ballot paper has been issued to the voter or the voter's proxy, but without showing the particular ballot paper issued. 3 The number of a postal ballot paper must be marked on the postal voting statement sent with that paper. 4 Subject to sub-paragraph (5), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 24 are to be sent is— a in the case of a voter, the address shown in the postal voters list, b in the case of a proxy, the address shown in the proxy postal voters list. 5 Where a person has an anonymous entry in the register of local government electors, the items specified in sub-paragraph (4) are to be sent in an envelope or other form of covering so as not to disclose to any other person that the person has an anonymous entry to the address to which postal ballot papers should be sent— a as shown in the record of anonymous entries, or b as given in pursuance of an application made under paragraph 3(1) or (5) or 6(6) or (8). Refusal to issue postal ballot paper 23 Where a counting officer is satisfied that two or more entries in the postal voters list, or the proxy postal voters list or in each of those lists relate to the same voter, the counting officer may not issue more than one ballot paper in respect of that voter. Envelopes 24 1 The envelope which the counting officer is required by rule 8(1) of the conduct rules to issue to a postal voter is to be marked with the letter “B”. 2 The counting officer must also issue to a postal voter a smaller envelope which is to be marked with— a the letter “A”, b the words “ballot paper envelope”, and c the number of the ballot paper. Sealing up of completed corresponding number lists and security of special lists 25 1 As soon as practicable after the issue of each batch of postal ballot papers, the counting officer must make up into a packet the completed corresponding number lists for those ballot papers which have been issued and must seal that packet. 2 Until the counting officer has sealed the packet as described in paragraph 34(9), the counting officer must take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list. Payment of postage on postal ballot papers 26 1 Where ballot papers are posted to postal voters, postage must be prepaid. 2 Return postage must be prepaid where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom. Spoilt postal ballot papers 27 1 If a postal voter has inadvertently dealt with a postal ballot paper or postal voting statement in such manner that it cannot be conveniently used as a ballot paper (a “spoilt ballot paper”) or a postal voting statement (a “spoilt postal voting statement”) the postal voter may return the spoilt ballot paper or (as the case may be) the spoilt postal voting statement to the counting officer (either by hand or by post). 2 Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter must also return— a the postal ballot paper or (as the case may be) the postal voting statement (whether spoilt or not), and b the envelopes supplied for their return. 3 Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraphs (1) and (2), the counting officer must issue another postal ballot paper except where those documents are received after 5pm on the date of the referendum. 4 Where the counting officer receives the documents referred to in sub-paragraphs (1) and (2) after 5pm on the day before the date of the referendum, the counting officer may only issue another postal ballot paper if the postal voter returns the documents by hand. 5 The following provisions apply in relation to a replacement postal ballot paper under sub-paragraph (3) as they apply in relation to a ballot paper— a paragraph 22 (except sub-paragraph (2)), b paragraphs 24 and 25, and c subject to sub-paragraph (8), paragraph 26. 6 Any postal ballot paper or postal voting statement (whether spoilt or not) returned in accordance with sub-paragraphs (1) and (2) must be immediately cancelled. 7 The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (6), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed. 8 Where a postal voter applies in person after 5pm on the day before the date of the referendum, the counting officer may only issue a replacement postal ballot paper by handing it to the postal voter. 9 The counting officer must enter in a list kept for the purpose (“ the list of spoilt postal ballot papers ”)— a the name and number of the postal voter as stated in the register of local government electors (or, in the case of a postal voter who has an anonymous entry, that person's voter number alone), b the number of the postal ballot paper (or papers) issued under this paragraph, and c where the postal voter whose ballot paper is spoilt is a proxy, the name and address of the proxy. Lost postal ballot papers 28 1 Where a postal voter claims either to have lost or not to have received— a the postal ballot paper (a “lost postal ballot paper”), b the postal voting statement, or c one or more of the envelopes supplied for their return, the postal voter may apply (whether or not in person) to the counting officer for a replacement ballot paper. 2 An application under sub-paragraph (1) must include evidence of the postal voter's identity. 3 Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter must return any of the documents referred to in sub-paragraph (1)(a) to (c) which the postal voter has received and which have not been lost. 4 Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (3) must be immediately cancelled. 5 The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (4), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed. 6 Subject to sub-paragraphs (7) and (8), where the application referred to in sub-paragraph (1) is received by the counting officer before 5pm on the date of the referendum and the counting officer— a is satisfied as to the postal voter's identity, and b has no reason to doubt that the postal voter has either lost or has not received a document referred to in sub-paragraph (1)(a) to (c), the counting officer must issue another postal ballot paper. 7 Where the application referred to in sub-paragraph (1) is received by the counting officer after 5pm on the day before the date of the referendum, the counting officer may only issue another postal ballot paper if the postal voter applies in person. 8 The counting officer may refuse to issue another postal ballot paper if the officer considers that it is reasonable for the voter to allow further time for the delivery of the documents referred to in sub-paragraph (1). 9 The counting officer must enter in a list kept for the purpose (“ the list of lost postal ballot papers ”)— a the name and number of the postal voter as stated in the register of local government electors (or, in the case of a postal voter who has an anonymous entry, that person's voter number alone), b the number of the lost postal ballot paper and of its replacement issued under this paragraph, and c where the postal voter is a proxy, the name and address of the proxy. 10 The following provisions apply in relation to a replacement postal ballot paper under sub-paragraph (6) as they apply in relation to a ballot paper— a paragraph 22 (except sub-paragraph (2)), b paragraphs 24 and 25, and c subject to sub-paragraph (11), paragraph 26. 11 Where a postal voter applies in person after 5pm on the day before the date of the referendum, the counting officer may only issue a replacement postal ballot paper by handing it to the postal voter. 12 Where the counting officer issues another postal ballot paper under sub-paragraph (6), the lost postal ballot paper is void and of no effect. Superseded postal ballot papers 29 1 This paragraph applies where— a an event mentioned in sub-paragraph (2) occurs in relation to a voter or a voter's proxy, and b the documents mentioned in sub-paragraph (3) have previously been issued to the voter or, as the case may be, proxy. 2 The events are— a an application by the voter is granted under paragraph 3(2), (5), (6) or (7), b the voter is removed from the postal voters list, c the appointment of the proxy to vote for the voter in the referendum is cancelled, or ceases to have effect, by virtue of paragraph 5(11), d the proxy is removed from the proxy postal voters list, e an application by the proxy is granted under paragraph 6(8). 3 The documents are— a a postal ballot paper (a “superseded postal ballot paper”), b a postal voting statement, c the envelopes supplied for their return. 4 The registration officer must notify the counting officer of the occurrence of the event. 5 The superseded postal ballot paper is void and of no effect. 6 The counting officer must issue a replacement postal ballot paper where an application is granted under paragraph 3(5) or 6(8). 7 The voter or, as the case may be, proxy must return the documents mentioned in sub-paragraph (3). 8 Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (7) must be immediately cancelled. 9 The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (8), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed. 10 The counting officer must enter in a list kept for the purpose (“the list of superseded postal ballot papers”)— a the name and number of the voter as stated in the register of local government electors (or, in the case of a voter who has an anonymous entry, the voter's voter number alone), b the number of the superseded postal ballot paper, c the number of any replacement postal ballot paper issued under sub-paragraph (6), and d where the superseded postal ballot paper was issued to a proxy, the name and address of the proxy. Notice of opening of postal ballot paper envelopes 30 1 The counting officer must give to each of the referendum agents appointed for the area not less than 48 hours' notice in writing of each occasion on which a postal voters box and the envelopes contained in it are to be opened. 2 That notice must specify— a the time and place at which such an opening is to take place, and b the number of postal ballot agents that may be appointed to attend each opening. Boxes and receptacles 31 1 The counting officer must provide a separate box for the reception of— a the covering envelopes when returned by the postal voters, and b postal ballot papers. 2 Each such box must be marked “postal voters box” or “postal ballot box” (as the case may be) and with the name of the local government area. 3 The postal ballot box must be shown as being empty to any postal ballot agents present on the occasion of opening the first postal voters box. 4 The counting officer must then— a lock the postal ballot box, b apply the counting officer's seal in such manner as to prevent the box being opened without breaking the seal, and c allow any referendum agent or postal ballot agent present who wishes to affix the agent's seal to do so. 5 The counting officer must provide separate receptacles for— a rejected votes, b ballot paper envelopes, c rejected ballot paper envelopes, d rejected votes (verification procedure), and e postal voting statements (verification procedure). 6 The counting officer must take proper precautions for the safe custody of every box and receptacle referred to in this paragraph. Receipt of covering envelopes and collection of postal votes 32 1 The counting officer must, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters box. 2 Where an envelope, other than a covering envelope issued by the counting officer— a has been opened, and b contains a ballot paper envelope, postal voting statement or ballot paper, the envelope, together with its contents, is to be placed in a postal voters box. 3 The counting officer may collect (or arrange to be collected) any postal ballot paper or postal voting statement which by virtue of rule 28(2)(g) of the conduct rules the presiding officer of a polling station would otherwise be required to deliver (or arrange to be delivered) to the counting officer. 4 Where the counting officer collects (or arranges to be collected) any postal ballot paper or postal voting statement in accordance with sub-paragraph (3), the presiding officer must first make it (or them) up into a packet (or packets) sealed with the presiding officer's seal and the seal of any postal ballot agent present who wishes to affix the agent's seal. Opening of postal voters box 33 1 Each postal voters box must be opened by the counting officer in the presence of any postal ballot agents who are present. 2 So long as the counting officer ensures that there is at least one sealed postal voters box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters boxes may be opened by the counting officer. 3 The last postal voters box and the postal ballot box must be opened at the counting of the votes under rule 30 of the conduct rules. Opening of covering envelopes 34 1 When a postal voters box is opened, the counting officer must count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in paragraph 32(2)). 2 The counting officer must open separately each covering envelope (including an envelope described in paragraph 32(2)). 3 The procedure in paragraph 36 applies where a covering envelope (including an envelope to which paragraph 32(2) applies) contains both— a a postal voting statement, and b a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper. 4 Where the covering envelope does not contain the postal voting statement separately, the counting officer must open the ballot paper envelope to ascertain whether the postal voting statement is inside. 5 Where a covering envelope does not contain both— a a postal voting statement (whether separately or not), and b a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper, the counting officer must mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes. 6 In carrying out the procedures in this paragraph and paragraphs 36 to 40, the counting officer and the counting officer's staff— a must keep the ballot papers face downwards and must take proper precautions for preventing any person from seeing the votes made on the ballot papers, and b must not look at the corresponding number list used at the issue of postal ballot papers. 7 Where an envelope opened in accordance with sub-paragraph (2) contains a postal voting statement, the counting officer must place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the voter to denote that a postal vote has been returned. 8 A mark made under sub-paragraph (7) must be distinguishable from and must not obscure the mark made under paragraph 22(2). 9 As soon as practicable after the last covering envelope has been opened, the counting officer must make up into a packet the copy of the marked postal voters list and proxy postal voters list that have been marked in accordance with sub-paragraph (7) and must seal that packet. Confirmation of receipt of postal voting statement 35 1 A voter or a voter's proxy who is shown in the postal voters list or proxy postal voters list may make a request, at any time between the first issue of postal ballots under paragraph 22 and the close of the poll, that the counting officer confirm— a whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the voter to denote that a postal vote has been returned, and b whether the number of the ballot paper issued to the voter or the voter's proxy has been recorded on either of the lists of provisionally rejected postal ballot papers kept by the counting officer under sub-paragraphs (2) and (3) of paragraph 39. 2 Where a request is received in accordance with sub-paragraph (1) the counting officer must, if satisfied that the request has been made by the voter or the voter's proxy, provide confirmation of the matters mentioned in sub-paragraph (1). Procedure in relation to postal voting statements: personal identifier verification 36 1 This paragraph applies in the circumstances described in paragraph 34(3). 2 The counting officer must determine whether the postal voting statement is duly completed and, as part of that process, must compare the date of birth and the signature on the postal voting statement against the date of birth and the signature contained in the personal identifiers record relating to the person to whom the postal ballot paper was addressed. 3 Where the counting officer determines that the statement is not duly completed, the counting officer must mark the statement “rejected”, attach it to the ballot paper envelope, or if there is no such envelope, the ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes (verification procedure). 4 Before placing a postal voting statement in the receptacle for rejected votes (verification procedure), the counting officer must— a show it to the postal ballot agents, b permit the agents to view the entries in the personal identifiers record relating to the person to whom the postal ballot paper was addressed, and c if any agent objects to the counting officer's decision, add the words “rejection objected to”. 5 The counting officer must then examine the number on the postal voting statement against the number on the ballot paper envelope and, where they are the same, the counting officer must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements (verification procedure) and the receptacle for ballot paper envelopes. 6 Where— a the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or b that envelope has no number on it, the counting officer must open the envelope. 7 Sub-paragraph (8) applies where— a there is a valid postal voting statement but no ballot paper envelope, or b the ballot paper envelope has been opened under paragraph 34(4) or sub-paragraph (6). 8 The counting officer must place— a in the postal ballot box, any postal ballot paper the number on which is the same as the number on the valid postal voting statement, b in the receptacle for rejected votes (verification procedure), any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”, c in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where there is no postal ballot paper, and d in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under paragraph (b) or (c). Opening of ballot paper envelopes 37 1 The counting officer must open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes. 2 The counting officer must place— a in the postal ballot box, any postal ballot paper the number on which is the same as the number on the ballot paper envelope, b in the receptacle for rejected votes, any other postal ballot paper, which is to be marked “provisionally rejected” and to which is to be attached the ballot paper envelope, and c in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which is to be marked “provisionally rejected” because it does not contain a postal ballot paper. Retrieval of cancelled postal ballot papers 38 1 Where it appears to the counting officer that a cancelled postal ballot paper has been placed— a in a postal voters box, b in the receptacle for ballot paper envelopes, or c in a postal ballot box, the counting officer must proceed as set out in sub-paragraphs (2) and (3). 2 The counting officer must on the next occasion on which a postal voters box is opened in accordance with paragraph 33, also open any postal ballot box and the receptacle for ballot paper envelopes and— a retrieve the cancelled postal ballot paper, b show the ballot paper number on the cancelled postal ballot paper to the postal ballot agents, c retrieve the postal voting statement that relates to a cancelled paper from the receptacle for postal voting statements (verification procedure), d attach any cancelled postal ballot paper to the postal voting statement to which it relates, e place the cancelled documents in a separate packet and deal with that packet in the manner provided for in paragraph 27(7), and f unless the postal ballot box has been opened for the purposes of the counting of votes under rule 30 of the conduct rules, seal the postal ballot box in the presence of the agents. 3 Whilst retrieving a cancelled postal ballot paper in accordance with sub-paragraph (2), the counting officer and the counting officer's staff— a must keep the ballot papers face downwards and take proper precautions for preventing any person from seeing the votes made on the ballot papers, and b must not look at the corresponding number list used at the issue of postal ballot papers. Lists of provisionally rejected postal ballot papers 39 1 The counting officer must keep two separate lists of provisionally rejected postal ballot papers. 2 In the first list, the counting officer must record the ballot paper number of any postal ballot paper for which no valid postal voting statement was received with it. 3 In the second list, the counting officer must record the ballot paper number of any postal ballot paper which is entered on a valid postal voting statement where that postal ballot paper is not received with the postal voting statement. Checking of lists kept under paragraph 39 40 1 Where the counting officer receives a valid postal voting statement without the postal ballot paper to which it relates, the counting officer may, at any time prior to the close of the poll, check the list kept under paragraph 39(2) to see whether the number of any postal ballot paper to which the statement relates is entered in the list. 2 Where the counting officer receives a postal ballot paper without the postal voting statement to which it relates, the counting officer may, at any time prior to the close of the poll, check the list kept under paragraph 39(3) to see whether the number of the postal ballot paper is entered in the list. 3 The counting officer must conduct the checks required by sub-paragraphs (1) and (2) as soon as practicable after the receipt, under rule 28(1)(d) of the conduct rules, of packets from every polling station in the local government area. 4 Where the ballot paper number in the list matches that number on a valid postal voting statement or (as the case may be) the postal ballot paper, the counting officer must retrieve that statement or paper. 5 The counting officer must then take the appropriate steps under this Part of this schedule as though any document earlier marked “provisionally rejected” had not been so marked and must amend the document accordingly. Sealing of receptacles 41 1 As soon as practicable after the completion of the procedure under paragraph 40(3) and (4), the counting officer must make up into separate packets the contents of— a the receptacle for rejected votes, b the receptacle for rejected ballot paper envelopes, c the lists of spoilt, lost and superseded postal ballot papers, d the receptacle for rejected votes (verification procedure), and e the receptacle for postal voting statements (verification procedure), and must seal up such packets. 2 Any document in those packets marked “provisionally rejected” is to be deemed to be marked “rejected”. Forwarding of documents 42 1 The counting officer must, at the same time as sending the documents mentioned in rule 37 of the conduct rules, send to the proper officer of the council for the local government area in which the votes being counted have been cast— a any packets referred to in paragraphs 25, 27(7), 28(5), 29(9), 34(9), 38(2)(e) and 41, endorsing on each packet a description of its contents and the date of the referendum, and b a completed statement giving details of postal ballot papers issued, received, counted and rejected in the form prescribed. 2 Where— a any covering envelopes are received by the counting officer after the close of the poll (apart from those delivered in accordance with the provisions of rule 28 of the conduct rules), b any envelopes addressed to postal voters are returned as undelivered too late to be re-addressed, or c any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued, the counting officer must put them unopened in a separate packet, seal up that packet and endorse and send it at a subsequent date in the manner described in sub-paragraph (1). 3 Rules 38 and 40 of the conduct rules apply to any packet or document sent under this paragraph as they apply for the purposes of the documents referred to in those rules. 4 A copy of the statement referred to in sub-paragraph (1)(b) is to be provided by the counting officer to the Electoral Commission. Power of Chief Counting Officer to prescribe 43 1 In paragraphs 10(2) and 42(1)(b), “ prescribed ” means prescribed by the Chief Counting Officer. 2 Where a form is so prescribed, the form may be used with such variations as the circumstances may require. Interpretation of Part 44 In this Part— “ postal ballot paper ” means a ballot paper issued, or to be issued, to a postal voter, “ postal voter ” means a voter or a voter's proxy who is entitled to vote by post. PART 4 Supply of register of local government electors etc. Supply of free copy of register of local government electors etc. to counting officers 45 1 Each registration officer must, at the request of the relevant counting officer, supply free of charge to the counting officer as many printed copies of— a the latest version of the register of local government electors, b any notice setting out an alteration to the register of local government electors issued under— i section 13A(2) of the 1983 Act, ii section 13AB(2) of that Act, or iii section 13B(3), (3B) or (3D) of that Act, and c any record of anonymous entries, as the counting officer may reasonably require for the purposes of the referendum. 2 Each registration officer must, as soon as practicable, supply free of charge to the relevant counting officer as many printed copies of— a the postal voters list, b the list of proxies, and c the proxy postal voters list, as the counting officer may reasonably require for the purposes of the referendum. 3 If, after supplying copies of the register of local government electors and notices in accordance with sub-paragraph (1), any further notices of the kind referred to in paragraph (b) of that sub-paragraph are issued by a registration officer, the registration officer must, as soon as practicable after issuing the notices, supply the relevant counting officer with as many printed copies as the counting officer may reasonably require for the purposes of the referendum. 4 The duty under sub-paragraph (1) to supply as many printed copies of the register of local government electors and notices as the counting officer may reasonably require includes a duty to supply up to two copies in data form. 5 No person to whom a copy of a document has been supplied under this paragraph may, except for the purposes of the referendum— a supply a copy of the document, b disclose any information contained in it (that is not also contained in the edited version of the register of local government electors), or c make use of any such information. Supply of free copy of register of local government electors etc. to Electoral Commission 46 1 Each registration officer must supply free of charge to the Electoral Commission one copy of— a the latest version of the register of local government electors, b any notice setting out an alteration of the register of local government electors issued under— i section 13A(2) of the 1983 Act, ii section 13AB(2) of that Act, or iii section 13B(3), (3B) or (3D) of that Act, c the postal voters list, d the list of proxies, and e the proxy postal voters list. 2 The duty to supply under sub-paragraph (1) is a duty to supply in data form unless the Commission have, prior to the supply, requested in writing a printed copy instead. 3 Neither an Electoral Commissioner nor any person employed by the Commission may— a supply a copy of any document supplied under sub-paragraph (1) otherwise than to another Electoral Commissioner or another such person, b disclose any information contained in any such document otherwise than in accordance with sub-paragraph (5) below, c make use of any such information otherwise than in connection with the Commissioner's or the person's functions under, or by virtue of, this Act. 4 In sub-paragraph (3), “ Electoral Commissioner ” includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner. 5 A document supplied under sub-paragraph (1), or any information contained in it, may not be disclosed otherwise than— a where necessary to carry out the Commission's functions under this Act in relation to permissible donors, b by publishing information about voters which does not include the name or address of any voter. 6 A registration officer must, at the request of the Electoral Commission, supply free of charge to the Commission a further copy of any document referred to in sub-paragraph (1) if satisfied that it is necessary in the circumstances to do so. 7 Sub-paragraphs (2) to (5) apply to the supply of a document under sub-paragraph (6) as they apply to the supply of a document under sub-paragraph (1). Supply of free copy of register of local government electors etc. to permitted participants 47 1 If a permitted participant so requests, the registration officer must supply free of charge to the participant one copy of— a the full, latest version of the register of local government electors published under section 13(1) or (3) of the 1983 Act, b any notice setting out an alteration of that version of the register issued under— i section 13A(2) of the 1983 Act, ii section 13AB(2) of that Act, or iii section 13B(3), (3B) or (3D) of that Act, c the postal voters list kept by the officer under paragraph 5(2) of schedule 4 (absent voting at parliamentary and local government elections) of the Representation of the People Act 2000, d the list of proxies kept by the officer under paragraph 5(3) of that schedule, and e the proxy postal voters list kept by the officer under paragraph 7(8) of that schedule. 2 A request under sub-paragraph (1) must— a be made in writing, b specify the documents requested, c state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any further documents issued, and d state whether a printed copy of any of the documents is requested instead of a version in data form. 3 Unless a request has been made in advance of supply under sub-paragraph (2)(d), the copy of a document supplied under sub-paragraph (1) is to be in data form. 4 No person employed by, or assisting (whether or not for reward) a permitted participant to which a document has been supplied under this paragraph may, except for a purpose set out in sub-paragraph (5)— a supply a copy of the document to any person, b disclose any information contained in it (that is not also contained in the edited version of the register of local government electors), or c make use of any such information. 5 The purposes are— a purposes in connection with the campaign in respect of the outcome identified in the declaration made by the permitted participant under paragraph 2 of schedule 3, and b the purposes of complying with the controls on donations and regulated transactions in that schedule. 6 A registration officer may, at the request of a permitted participant, supply free of charge to the permitted participant a further copy of any document referred to in sub-paragraph (1) if satisfied that it is necessary in the circumstances to do so. 7 Sub-paragraphs (2) to (5) apply to the supply of a document under sub-paragraph (6) as they apply to the supply of a document under sub-paragraph (1). Dates of birth to be omitted from copies of register supplied 48 A copy of the register of local government electors supplied under paragraph 45, 46 or 47 is to contain the same information as in the register except that, in the case of an entry relating to a person aged 16 or 17, the date on which the person will attain the age of 18 is to be omitted. Supply of data 49 A duty of a registration officer to supply data under this Part of this schedule is a duty only to supply the data in— a the form in which the officer holds it, or b such form as may be agreed between the registration officer and the recipient of the data. General restriction on use of registration documents and information contained in them 50 1 This paragraph applies to— a any person to whom a copy of a registration document is supplied under any enactment other than paragraphs 45 to 47, b any person to whom information contained in a registration document has been disclosed, c any person to whom a person referred to in paragraph (a) or (b) has supplied a copy of a registration document or information contained in it, and d any person who has obtained access to a copy of a registration document or information contained in it by any other means. 2 No person to whom this paragraph applies may, except for the purposes of the referendum— a supply a copy of a registration document, b disclose any information contained in a registration document (that is not also contained in the edited version of the register of local government electors), or c make use of any such information. 3 In this paragraph, “ registration document ” means a document referred to in paragraph 45(1) and (2). Offence in relation to disclosure of registration documents 51 1 A person (“A”) commits an offence— a if A contravenes any of paragraphs 45(5), 46(3) or (5), 47(4) or 50(2), or b if A is an appropriate supervisor of another person (“B”) who contravenes any of those paragraphs and A failed to take appropriate steps. 2 B does not commit an offence under sub-paragraph (1) if— a B has an appropriate supervisor, and b B complied with all the requirements imposed on B by the appropriate supervisor. 3 A does not commit an offence under sub-paragraph (1) if— a A is not, and does not have, an appropriate supervisor, and b A took all reasonable steps to ensure that A did not contravene a provision specified in sub-paragraph (1)(a). 4 In this paragraph— “ appropriate supervisor ” means a person who is a director of a company, or concerned in the management of an organisation, in which B is employed or under whose direction or control B is, “appropriate steps” are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as practicable, any contravention of a provision specified in sub-paragraph (1)(a). 5 A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Destruction of copies of the register of local government electors etc. 52 1 This paragraph applies to any person holding a copy of a document supplied under paragraph 45 or 47. 2 The person must ensure that the document is securely destroyed no later than one year after the date of the referendum, unless otherwise directed by an order of the Court of Session or a sheriff principal. 3 A person who fails to comply with sub-paragraph (2) commits an offence. 4 A person who commits an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. PART 5 Supply of marked register of local government electors etc. Supply of marked register of local government electors etc. to designated organisations 53 1 A designated organisation may request that a counting officer supply the organisation with copies of— a the marked copy of the register of local government electors, b the marked copy of any notice setting out an alteration of the register of local government electors issued under section 13B(3B) or (3D) of the 1983 Act, c the marked copy of the postal voters list, d the marked copy of the list of proxies, and e the marked copy of the proxy postal voters list. 2 A request under sub-paragraph (1) must— a be made in writing, b specify the documents requested, c state whether a printed copy of the documents is requested or a copy in data form, and d state the purposes for which the documents will be used and why the supply of the unmarked copies of the documents would not be sufficient to achieve those purposes. 3 Where a request is duly made by a designated organisation under sub-paragraph (1), the counting officer must supply the documents requested if— a the officer is satisfied that the organisation needs to see the marks on the marked copies of the documents in order to achieve the purpose for which they are requested, and b the officer has received payment of a fee calculated in accordance with paragraph 54. 4 A designated organisation that obtains a copy of any document referred to in sub-paragraph (1) may use it— a only for— i purposes in connection with the campaign in respect of the outcome identified in the declaration made by the organisation under paragraph 2 of schedule 3, or ii the purposes of complying with the controls on donations and regulated transactions in that schedule, and b subject to any conditions that would apply to the use of the unmarked copies of the documents by virtue of paragraph 47. 5 Where a person (“A”) has been supplied with a copy of a document referred to in sub-paragraph (1), or information contained in such a document, by a person (“B”) to whom paragraph 47(4) applies, the restrictions in that paragraph also apply to A as they apply to B. 6 A designated organisation may— a supply a copy of a document referred to in sub-paragraph (1) to a processor for the purpose of processing the information contained in it, or b procure that a processor processes and supplies to the organisation any copy of the information in such a document that the processor has obtained under this paragraph, for use in respect of the purposes for which the designated organisation is entitled to obtain such document or information. 7 A duty of a counting officer to supply data under this paragraph is a duty only to supply the data in— a the form in which the officer holds it, or b such form as may be agreed between the counting officer and the recipient of the data. 8 Paragraph 52 applies to a person holding a copy of a document supplied under this paragraph as it applies to a person holding a copy of any document supplied under paragraph 45 or 47 (and the reference in paragraph 52(2) to the document is to be construed accordingly). 9 In sub-paragraph (6), “ processor ” means a person who provides a service which consists of putting information into data form and includes an employee of such a person. 10 In this Act, “ marked copy ” means— a in relation to the register of local government electors, the copy marked as mentioned in rule 21(2)(c) of the conduct rules, b in relation to a notice issued under section 13B(3B) or (3D) of the 1983 Act, the copy marked as mentioned in that rule as modified by rule 21(4), c in relation to the list of proxies, the copy marked as mentioned in rule 21(2)(d), d in relation to the postal voters list or proxy postal voters list, the copy marked as mentioned in paragraph 22(2) of this schedule. Fee for supply of marked register of local government electors etc. 54 1 The fee to be paid in accordance with sub-paragraph (3)(b) of paragraph 53 by a designated organisation requesting the supply of a document referred to in sub-paragraph (1) of that paragraph is set out in sub-paragraph (2). 2 The fee is £10 plus— a for a copy in printed form, £2 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request, b for a copy in data form, £1 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request. 3 For the purposes of this paragraph, a request for a copy of the whole or the same part of a document in both printed and data form may be treated as two separate requests. SCHEDULE 2 Conduct rules (introduced by section 12) Publication of notice of the referendum 1 1 The counting officer must publish notice of the referendum not later than the twenty-fifth day before the date of the referendum. 2 For the purposes of paragraph (1), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve, Christmas Day or Easter Monday, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. 3 The notice must— a be in the form prescribed, and b set out— i the date of the referendum, ii the hours of polling, iii a description of who is entitled to vote at each polling station, and iv the situation of each polling station in the local government area. 4 The notice must also state the day by which— a applications to register to vote, b applications to vote by post or by proxy, c other applications and notices about postal or proxy voting, must reach the registration officer in order that they may be effective for the referendum. 5 As soon as practicable after publishing the notice under paragraph (1), the counting officer must give a copy of it to each of the referendum agents appointed for the area. Hours of polling 2 The hours of polling are between 7am and 10pm. The ballot 3 1 The votes at the referendum are to be given by ballot. 2 The ballot of every voter consists of a ballot paper. 3 The ballot paper is to be of the prescribed colour. Printing of ballot papers 4 The counting officer must arrange for the printing of the ballot papers for the counting officer's area unless the Chief Counting Officer takes responsibility for doing so. The corresponding number list 5 1 The counting officer must prepare a list (the “corresponding number list”) which complies with paragraph (2). 2 The corresponding number list must— a contain the unique identifying numbers of all ballot papers to be issued in accordance with rule 8(1) or provided in accordance with rule 13(1), and b be in the form prescribed. Security marking 6 1 Every ballot paper must bear or contain— a an official mark on the front of the ballot paper, and b a unique identifying number on the back of the ballot paper. 2 The counting officer may use a different official mark for ballot papers issued for the purpose of voting by post from the official mark used for ballot papers issued for the purpose of voting in person. 3 The counting officer may use a different official mark for different purposes. 4 The official mark must be kept secret. Use of schools and public rooms for polling and counting votes 7 1 The counting officer may use, free of charge, for the purpose of taking the poll or counting the votes— a a suitable room in the premises of a school to which this rule applies in accordance with paragraph (2), and b any meeting room to which this rule applies in accordance with paragraph (3). 2 This rule applies to any school maintained by an education authority. 3 This rule applies to meeting rooms situated in Scotland the expense of maintaining which is payable wholly or mainly by— a the Scottish Ministers or any other part of the Scottish Administration, or b any Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998). 4 The counting officer— a must pay any expenses incurred in preparing, warming, lighting and cleaning the room and restoring the room to its usual condition after use for the referendum, and b must pay for any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises by reason of its being used for the purposes of taking the poll or counting the votes. 5 For the purposes of this rule (except those of paragraph (4)(b)), the premises of a school are not to be taken to include any private dwelling. 6 In this rule— “ dwelling ” includes any part of a building where that part is occupied separately as a dwelling, “ meeting room ” means any room which it is the practice to let for public meetings, “ room ” includes a hall, gallery or gymnasium. Postal ballot papers 8 1 The counting officer must issue to those entitled to vote by post— a a ballot paper, b a postal voting statement in the form prescribed, and c an envelope for their return. 2 The counting officer must also, as soon as practicable, issue to those entitled to vote by post information about how to obtain— a translations into languages other than English of any directions to or guidance for voters sent with the ballot paper, b a translation into Braille of such directions or guidance, c a graphical representation of such directions or guidance, and d the directions or guidance in any other form (including in audible form). Provision of polling stations 9 1 The counting officer must— a provide a sufficient number of polling stations, and b allot the voters to the polling stations. 2 One or more polling stations may be provided in the same room. 3 The counting officer must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation. Appointment of presiding officers and clerks 10 1 The counting officer must appoint and pay— a a presiding officer to attend at each polling station, and b such clerks as may be necessary for the purposes of the referendum. 2 The counting officer must not knowingly appoint any person who is or has been involved in campaigning for a particular outcome in the referendum. 3 The counting officer may preside at a polling station and the provisions of these rules relating to a presiding officer apply to a counting officer who so presides with the necessary modifications as to things done by the counting officer to the presiding officer or by the presiding officer to the counting officer. 4 A presiding officer may authorise a clerk appointed under paragraph (1)(b) to do any act which the presiding officer is required or authorised by these rules to do at a polling station, except ordering the removal and exclusion of any person from the polling station. Issue of poll cards 11 1 The counting officer must, as soon as practicable after publishing the notice of the referendum under rule 1, send to voters whichever of the following is appropriate— a an official poll card, b an official postal poll card, c an official poll card issued to the proxy of a voter, or d an official postal poll card issued to the proxy of a voter. 2 A voter's official poll card is to be sent or delivered to the voter's qualifying address. 3 A voter's official postal poll card is to be sent or delivered to the address to which the voter has stated that the ballot paper is to be sent. 4 A proxy's official poll card or official postal poll card is to be sent or delivered to the proxy's address as shown in the list of proxies. 5 The cards mentioned in paragraph (1) are to be in the form prescribed. 6 The cards must set out— a the voter's name, qualifying address and number in the register of local government electors (unless the voter has an anonymous entry), b the date of the referendum, c the hours of polling, and d the situation of the polling station allotted to the voter under rule 9(1)(b) (in the case of the cards mentioned in paragraph (1)(a) and (c)). 7 Where a poll card is sent to a voter who has appointed a proxy, the card must also notify the voter of the appointment of the proxy. 8 In the case of a voter who has an anonymous entry, the card must be sent in an envelope or other form of covering so as not to disclose to any other person that the person has an anonymous entry. Loan of equipment for referendum 12 1 A council must, if requested to do so by a counting officer, loan to the counting officer any ballot boxes, fittings and compartments provided by or belonging to the council. 2 Paragraph (1) does not apply if the council requires the equipment for immediate use by that council. 3 A loan under paragraph (1) is to be on such terms and conditions as the council and the counting officer may agree. Equipment of polling stations 13 1 The counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as the counting officer considers necessary. 2 Each ballot box is to be constructed so that the ballot papers can be put in, but cannot be withdrawn from it, without the box being opened. 3 The counting officer must provide each polling station with— a materials to enable voters to mark the ballot papers, b copies of the register of local government electors or such part of it as contains the entries relating to the voters allotted to the station, c the parts of any lists of persons entitled to vote by post or by proxy prepared for the referendum corresponding to the register of local government electors or the part of it provided under sub-paragraph (b), d copies of forms of declarations and other documents required for the purpose of the poll, and e the part of the corresponding number list which contains the numbers corresponding to those on the ballot papers provided to the presiding officer of the polling station. 4 The reference in paragraph (3)(b) to the copies of the register of local government electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act in respect of alterations to the register of local government electors. 5 A notice giving directions for the guidance of voters in voting is to be displayed— a inside and outside every polling station, and b in every compartment of every polling station. 6 The notice under paragraph (5) is to be in the form prescribed. 7 The counting officer must also provide each polling station with— a an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially-sighted, and b a device for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion. 8 The counting officer may cause to be displayed at every polling station an enlarged sample copy of the ballot paper and may include a translation of it into such other languages as the counting officer considers appropriate. 9 The sample copy mentioned in paragraphs (7)(a) and (8) must be clearly marked as a specimen provided only for the guidance of voters in voting. Appointment of polling and counting agents 14 1 A referendum agent may appoint— a polling agents to attend at polling stations for the purpose of detecting personation, b counting agents to attend at the counting of the votes. 2 The counting officer may limit the number of counting agents that may be appointed, so long as— a the number that may be appointed by each referendum agent is the same, and b the number that may be appointed by each referendum agent is not less than the number obtained by dividing the number of clerks employed on the counting by the number of referendum agents. 3 For the purposes of paragraph (2)(b), a counting agent appointed by more than one referendum agent is to be treated as a separate agent for each of them. 4 A referendum agent who appoints a polling or counting agent must give the counting officer notice of the appointment no later than the fifth day before the date of the referendum. 5 For the purposes of paragraph (4), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve, Christmas Day or Easter Monday, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. 6 If a polling agent or counting agent dies or becomes unable to perform the agent's functions, the referendum agent may appoint another agent and must give the counting officer notice of the new appointment as soon as practicable. 7 A notice under paragraph (4) or (6)— a must be given in writing, b must give the name and address of the person appointed, c in the case of a polling agent, must set out which polling stations the agent may attend, d in the case of a counting agent, must set out which counts the agent may attend. 8 In schedule 1 and these conduct rules, references to polling agents and counting agents are to agents appointed under paragraph (1) or (6)— a whose appointments have been duly made and notified, and b where the number of agents is restricted, who are within the permitted numbers. 9 Any notice required to be given to a counting agent by the counting officer may be delivered at, or sent by post to, the address stated in the notice under paragraph (4) or (6). 10 A referendum agent may do (or assist in doing) anything that a polling or counting agent appointed by that referendum agent is authorised to do. 11 Anything required or authorised by schedule 1 or these conduct rules to be done in the presence of polling or counting agents may be done instead in the presence of the referendum agent who appointed the polling or counting agents. 12 Where in schedule 1 or these conduct rules anything is required or authorised to be done in the presence of polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose does not invalidate the thing (if the thing is otherwise duly done). Admission to polling station 15 1 No person other than the presiding officer and the persons mentioned in paragraph (2) may attend a polling station. 2 Those persons are— a voters, b persons under the age of 16 accompanying voters, c the companions of voters with disabilities, d the Member of Parliament for the constituency in which the polling station is situated, e the member of the Scottish Parliament for the constituency in which the polling station is situated, f members of the Scottish Parliament for the region in which the polling station is situated, g members of the council for the electoral ward in which the polling station is situated, h members of the European Parliament for the electoral region of Scotland, i the clerks appointed to attend at the polling station, j the Chief Counting Officer and members of the Chief Counting Officer's staff, k the counting officer and members of the counting officer's staff, l constables on duty, m persons entitled to attend by virtue of section 20, 21 or 22, n referendum agents, o polling agents appointed to attend at the polling station, and p any other person the presiding officer permits to attend. 3 In paragraph (2)(g), “ electoral ward ” has the meaning given by section 1 of the Local Governance (Scotland) Act 2004. 4 The presiding officer may regulate the total number of voters and persons under the age of 16 accompanying voters who may be admitted to the polling station at the same time. 5 Not more than one polling agent is to be admitted at the same time to a polling station on behalf of the same permitted participant. 6 A constable or a member of the counting officer's staff may only be admitted to vote in person elsewhere than at the polling station allotted under rule 9(1)(b), in accordance with paragraph 1(5) of schedule 1, on production of a certificate which satisfies the requirements set out in paragraph (7). 7 A certificate must— a be signed by— i in the case of a constable, an officer of police of the rank of inspector or above, or ii in the case of a member of the counting officer's staff, the counting officer, and b be in the form prescribed. 8 A certificate produced under paragraph (6) must be immediately cancelled. Notification of requirement of secrecy 16 1 The counting officer must make such arrangements as are practicable to ensure that— a every person attending at a polling station has been given a copy of the provisions of sub-paragraphs (1), (3), (5), (8), (9) and (10) of paragraph 7 of schedule 6, b every person attending at the counting of the votes has been given a copy of sub-paragraphs (4), (9) and (10) of that paragraph. 2 Paragraph (1) does not require the provision of that information to— a a person attending the polling station for the purpose of voting, b a person under the age of 16 accompanying a voter, c a companion of a voter with disabilities, or d a constable on duty at a polling station or at the count. Keeping of order at polling station 17 1 The presiding officer must keep order at the polling station. 2 If a person— a obstructs the operation of the polling station, b obstructs any voter in polling, or c does anything else which the presiding officer considers may adversely affect proceedings at the polling station, the presiding officer may order the person to be removed immediately from the polling station. 3 A person may be removed— a by a constable, or b by the presiding officer. 4 A person removed under paragraph (2) must not enter the polling station again during that day without the presiding officer's permission. 5 A person removed under paragraph (2) may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant. 6 The power to remove a person from the polling station is not to be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. Sealing of ballot boxes 18 1 Immediately before the commencement of the poll, the presiding officer must— a show each ballot box proposed to be used for the purposes of the poll to such persons (if any) who are present in the polling station so that they may see that each box is empty, b place the presiding officer's seal on each box in such a manner as to prevent it being opened without breaking the seal, c allow any referendum agent or polling agent present who wishes to affix the agent's seal to do so, and d place each box in the presiding officer's view for the receipt of ballot papers. 2 The presiding officer must ensure that each box remains sealed until the close of the poll. Questions to be put to voters 19 1 At the time a voter applies for a ballot paper (but not afterwards), the presiding officer— a must put the questions mentioned in paragraph (2) to the voter if required to do so by a referendum agent or polling agent, b may put the questions mentioned in paragraph (2) to the voter if the presiding officer considers it appropriate to do so. 2 The questions referred to in paragraph (1) are— Type of person applying for ballot paper Questions 1. A person applying as a voter (a) “Are you the person named in the register of local government electors as follows ( read the whole entry from the register of local government electors) ?” (b) “Have you already voted in this referendum otherwise than as proxy for some other person?” 2. A person applying as proxy (a) “Are you the person whose name appears as A.B. in the list of proxies for this referendum as entitled to vote as proxy on behalf of C.D.?” (b) “Have you already voted in this referendum as proxy on behalf of C.D.?” (c) “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.?” 3. A person applying as proxy for a voter with an anonymous entry (instead of the questions in entry 2) (a) “Are you the person entitled to vote as proxy on behalf of the voter whose number on the register of local government electors is ( read out the number from the register of local government electors) ?” (b) “Have you already voted in this referendum as proxy on behalf of the voter whose number on the register of local government electors is ( read out the number from the register of local government electors) ?” (c) “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of local government electors is ( read out the number from the register of local government electors) ?” 4. A person applying as proxy if the answer to the question at 2(c) or 3(c) is not “yes” “Have you already voted in this referendum on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?” 5. A person applying as a voter in relation to whom there is an entry in the postal voters list (a) “Did you apply to vote by post?” (b) “Why have you not voted by post?” 6. A person applying as proxy who is named in the proxy postal voters list (a) “Did you apply to vote by post as proxy?” (b) “Why have you not voted by post as proxy?” 3 In the case of a voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions in entries 1(a) and 3(a), (b) and (c) to the register of local government electors is to be read as a reference to the notice issued under that section. 4 A ballot paper must not be delivered to any person required to answer a question under this rule unless the person answers the question satisfactorily. 5 Except as authorised by this rule, no enquiry is permitted as to the right of any person to vote. Challenge of voter 20 1 A person is not to be prevented from voting by reason only that— a a referendum agent or polling agent— i has reasonable cause to believe that the person has committed an offence of personation, and ii the agent makes a declaration to that effect, or b the person is arrested on the grounds of being suspected of committing or of being about to commit such an offence. 2 Paragraph (1) does not affect the person's liability to any penalty for voting. Voting procedure 21 1 Subject to rule 19(4), a ballot paper must be delivered to a voter who applies for one. 2 Immediately before delivering the ballot paper to the voter— a the number and (unless paragraph (3) applies) name of the voter as stated in the register of local government electors is to be called out, b the number of the voter is to be marked on the list mentioned in rule 13(3)(e) beside the number of the ballot paper to be delivered to the voter, c a mark is to be placed in the register of local government electors against the number of the voter to note that a ballot paper has been received but without showing the particular ballot paper which has been received, and d in the case of a person applying for a ballot paper as proxy, a mark is also to be placed against that person's name in the list of proxies. 3 In the case of a voter who has an anonymous entry, the voter's official poll card must be shown to the presiding officer and only the voter's number is to be called out in pursuance of paragraph (2)(a). 4 In the case of a voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) is modified as follows— a in sub-paragraph (a), for “register of local government electors” substitute “ copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ” , b in sub-paragraph (c), for “in the register of local government electors” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ” . 5 On receiving the ballot paper, the voter must without delay— a proceed into a compartment in the polling station, b there secretly mark the voter's ballot paper, c show the unique identifying number on the ballot paper to the presiding officer, and d put the ballot paper into the ballot box in the presiding officer's presence. 6 Where— a a voter attends the polling station before 10pm, and b the voter is still waiting to vote at 10pm, the presiding officer must permit the voter to vote without delay after 10pm and must close the poll immediately after the last such voter has voted. 7 The voter must leave the polling station as soon as the voter has put the ballot paper into the ballot box. Votes marked by presiding officer 22 1 On the application of a voter— a who is incapacitated by blindness or other disability from voting in the manner required by rule 21, or b who declares orally an inability to read, the presiding officer must, in the presence of any polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter and the ballot paper to be put into the ballot box. 2 The name and number in the register of local government electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, is to be entered on a list (the “marked votes list”) and in the case of a person voting as proxy for a voter, the number to be entered is the voter's number. 3 In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) applies as if for “in the register of local government electors of every voter” there were substituted “ relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ” . Voting by persons with disabilities 23 1 If a voter applies to the presiding officer to be allowed to vote with the assistance of another person by whom the voter is accompanied (the “companion”), on the ground of— a blindness or other physical disability, or b inability to read, the presiding officer must require the voter to declare (orally or in writing) whether the voter is so disabled by blindness or other disability, or by inability to read, as to be unable to vote without assistance. 2 The presiding officer must grant the application if the presiding officer— a is satisfied that the voter is so disabled by blindness or other disability, or by inability to read, as to be unable to vote without assistance, and b is also satisfied, by a declaration made by the companion (a “companion declaration”) which complies with paragraph (3), that the companion— i meets the requirements set out in paragraph (3)(c)(i) or (ii), and ii has not previously assisted more than one voter with disabilities to vote at the referendum. 3 A companion declaration must— a be in the form prescribed, b be made before the presiding officer at the time when the voter applies to vote with the assistance of the companion, and c state that the companion— i is a person who is entitled to vote as a voter at the referendum, or ii is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the voter with disabilities, and has attained the age of 16. 4 The presiding officer must sign the companion declaration and keep it. 5 No fee or other payment may be charged in respect of the declaration. 6 A person is a “ voter with disabilities ” for the purposes of paragraph (2)(b)(ii) if the person has made a declaration mentioned in paragraph (1). 7 Where an application is granted under paragraph (2), anything which is required by these rules to be done to or by the voter in connection with the giving of that voter's vote may be done to, by, or with the assistance of, the companion. 8 The name and number in the register of local government electors of every voter whose vote is given in accordance with this rule and the name and address of the companion is to be entered on a list (the “assisted voters list”) and, in the case of a person voting as proxy for a voter, the number to be entered is the voter's number. 9 Where the voter being assisted by a companion has an anonymous entry, only the voter's number in the register of local government electors is to be entered on the assisted voters list. 10 In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (8) applies as if for “in the register of local government electors of every voter” there were substituted “ relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ” . Tendered ballot papers 24 1 Paragraph (6) applies if any of situations A to D exist. 2 Situation A exists if a person, claiming to be— a a particular voter named on the register of local government electors and not named in the postal voters list or the list of proxies, or b a particular person named in the list of proxies as proxy for a voter and not entitled to vote by post as proxy, applies for a ballot paper after another person has voted in person either as the voter or the voter's proxy. 3 Situation B exists if— a a person applies for a ballot paper claiming that the person is a particular voter named on the register of local government electors, b the person is also named in the postal voters list, and c the person claims that— i no application to vote by post in the referendum was made by that person, or ii the person is not an existing postal voter within the meaning of paragraph 2(2) of schedule 1. 4 Situation C exists if— a a person applies for a ballot paper claiming that the person is a particular person named as a proxy in the list of proxies, b the person is also named in the proxy postal voters list, and c the person claims that— i no application to vote by post as proxy was made by that person, or ii the person is not an existing proxy to whom paragraph 6(4) of schedule 1 applies. 5 Situation D exists if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper— a a person claims that the person is— i a particular voter named on the register of local government electors who is also named in the postal voters list, or ii a particular person named as proxy in the list of proxies who is also named in the proxy postal voters list, and b the person claims that the person has lost or has not received a postal ballot paper. 6 Where this paragraph applies, the person is entitled, on satisfactorily answering the questions permitted by rule 19 to be asked at the poll, to mark a tendered ballot paper in the same manner as any other voter. 7 A tendered ballot paper must— a be of a prescribed colour differing from that of the ballot paper issued in accordance with rule 8(1) or provided in accordance with rule 13(1), b instead of being put into the ballot box, be given to the presiding officer and endorsed by the presiding officer with the name of the voter and the voter's number in the register of local government electors, and c be set aside in a separate packet. 8 The name of the voter and the voter's number in the register of local government electors is to be entered on a list (the “tendered votes list”). 9 In the case of a person voting as proxy for a voter, the number to be endorsed or entered is to be the voter's number. 10 This rule applies to a voter who has an anonymous entry subject to the following modifications— a in paragraphs (7)(b) and (8), the references to the voter's name are to be ignored, and b otherwise, a reference to a person named on the register of local government electors or other list is to be construed as a reference to a person whose number appears on the register of local government electors or other list (as the case may be). 11 This rule applies in the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act as if— a in paragraphs (2)(a), (3)(a) or (5)(a)(i), for “named on the register of local government electors” there were substituted “ in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued ” , and b in paragraphs (7)(b) and (8), for “the voter's number in the register of local government electors” there were substituted “ the number relating to that person on a notice issued under section 13B(3B) or (3D) of the 1983 Act ” . Spoilt ballot papers 25 1 A voter who has inadvertently dealt with a ballot paper in such manner that it cannot be conveniently used as a ballot paper may— a by returning it to the presiding officer, and b proving to the presiding officer's satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the returned ballot paper (the “spoilt ballot paper”). 2 The spoilt ballot paper must be immediately cancelled. Correction of errors on polling day 26 1 The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the date of the referendum. 2 The list kept under paragraph (1) is referred to as the “ polling day alterations list ”. Adjournment of poll in case of riot 27 1 Where the proceedings at any polling station are interrupted by riot or open violence, the presiding officer must— a adjourn the proceedings until the following day, and b inform the counting officer without delay. 2 If the counting officer is informed under paragraph (1)(b), the counting officer must inform the Chief Counting Officer without delay. 3 Where the poll is adjourned at any polling station— a the hours of polling on the day to which it is adjourned are to be the same as for the original day, and b references in these rules to the close of the poll are to be construed accordingly. Procedure on close of poll 28 1 As soon as practicable after the close of the poll, the presiding officer must— a in the presence of any referendum agents or polling agents, seal each ballot box in use at the station so as to prevent the introduction of additional ballot papers, b allow any of those agents present who wishes to affix the agent's seal to do so, c separate and make up into separate sealed packets the papers mentioned in paragraph (2), and d deliver the sealed ballot boxes and packets (or arrange for them to be delivered) to the counting officer to be taken charge of by the counting officer. 2 The papers referred to in paragraph (1) are— a the unused and spoilt ballot papers (as a single packet), b the tendered ballot papers, c the marked copies of the register of local government electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies (as a single packet), d any certificates produced under rule 15(6), e the corresponding number list completed in accordance with rule 21(2)(b) (the “completed corresponding number list”), f the tendered votes list, the assisted voters list, the marked votes list, the polling day alterations list and the companion declarations (as a single packet), g any postal ballot papers or postal voting statements returned to the station. 3 The marked copies of the register of local government electors and of the list of proxies are to be in one packet but must not be in the same packet as the certificates mentioned in paragraph (2)(d) or the lists mentioned in paragraph (2)(e). 4 The packets must be accompanied by a statement (the “ballot paper account”) made by the presiding officer, showing the number of ballot papers entrusted to the presiding officer and accounting for them under the following heads— a ballot papers issued and not otherwise accounted for, b unused ballot papers, c spoilt ballot papers, and d tendered ballot papers. 5 If the sealed ballot boxes and packets are not delivered to the counting officer by the presiding officer personally, the arrangements for their delivery require the counting officer's approval. Attendance at counting of votes 29 1 The counting officer must make arrangements for counting of the votes as soon as practicable after the close of the poll. 2 In making arrangements, the counting officer must not knowingly appoint or employ any person who has been involved in campaigning for a particular outcome in the referendum. 3 The counting officer must give notice in writing to the Chief Counting Officer, each of the referendum agents appointed for the area and any counting agents appointed to attend at the count of the time and place at which the counting officer will begin to count the votes. 4 The counting officer need not begin the counting of the votes in the period from the close of the poll until 9am on the following morning if the officer considers that it would be unreasonable to do so having regard to the time at which the poll closed. 5 Paragraph (4) is subject to any direction given by the Chief Counting Officer under section 9(6). 6 The counting officer must take proper precautions for the security of the ballot boxes and packets in the period between taking charge of them and the beginning of the count. 7 No person other than the persons mentioned in paragraph (8) may attend the counting of the votes. 8 Those persons are— a the Member of Parliament for any constituency which contains all or part of the area in which the votes being counted have been cast, b the member of the Scottish Parliament for any constituency which contains all or part of the area in which the votes being counted have been cast, c members of the Scottish Parliament for any region which contains all or part of the area in which the votes being counted have been cast, d members of the council for any local government area which contains all or part of the area in which the votes being counted have been cast, e members of the European Parliament for the electoral region of Scotland, f the Chief Counting Officer and members of the Chief Counting Officer's staff, g a counting officer and members of a counting officer's staff, h constables on duty, i persons entitled to attend by virtue of section 20, j persons entitled to attend by virtue of section 21 or 22, k referendum agents, l counting agents appointed to attend at the count, and m any other person the counting officer permits to attend. 9 The counting officer may exclude a person from the counting of the votes if the counting officer considers that the efficient counting of the votes would be impeded by that person attending the counting of the votes. 10 Paragraph (9) does not permit the counting officer to exclude the persons mentioned in paragraph (8)(f) or (i). 11 The counting officer may limit the number of counting agents who are permitted to be present at the counting of the votes on behalf of a permitted participant, but the same limit is to apply to each permitted participant. 12 The counting officer must give any counting agents such reasonable facilities for overseeing the proceedings and such information with respect to the proceedings as the counting officer can give consistently with the orderly conduct of the proceedings and the carrying out of the counting officer's functions in connection with them. 13 In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted. The count 30 1 The counting officer must— a in the presence of the counting agents, open each ballot box and count and record the number of ballot papers in it, checking the number against the ballot paper account, b verify each ballot paper account in the presence of any referendum agents, and c count such of the postal ballot papers as have been duly returned and record the number counted. 2 For the purposes of paragraph (1)(b), a counting officer must— a verify the ballot paper account by comparing it with the number of ballot papers recorded, the unused and spoilt ballot papers in the counting officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list), and b prepare a statement as to the result of the verification (the “verification statement”). 3 The counting officer must, on the request of any counting agent present at the verification, supply a copy of the verification statement to the counting agent. 4 For the purposes of paragraph (1)(c), a postal ballot paper is not to be considered as having been duly returned unless it— a is returned— i by hand to a polling station in the same local government area, or ii by hand or post to the counting officer, before the close of the poll, and b is accompanied by a postal voting statement which— i is duly signed (unless the requirement for signature has been dispensed with in accordance with paragraph 7(6) of schedule 1), and ii states the date of birth of the voter or the voter's proxy. 5 The counting officer must not count the votes given on any ballot papers until— a in the case of postal ballot papers, they have been mixed with ballot papers from at least one ballot box, and b in the case of ballot papers from a ballot box, they have been mixed with ballot papers from at least one other ballot box. 6 The counting officer must not count any tendered ballot paper. 7 The counting officer must not count any postal ballot paper if, having taken steps to verify the signature and date of birth of the voter or the voter's proxy, the counting officer is not satisfied that the postal voting statement has been properly completed. 8 The counting officer, while counting and recording the number of ballot papers and counting the votes, must take all proper precautions for preventing any person from identifying the voter who cast the vote. 9 The counting officer must, so far as practicable, proceed continuously with counting the votes, allowing only time for refreshment, but the counting officer may suspend counting between 7pm on any day following the date of the referendum and 9am on the following morning. 10 During any period when counting is suspended, the counting officer must take proper precautions for the security of the papers. Rejected ballot papers 31 1 Any ballot paper to which paragraph (2) applies is void and is not to be counted, subject to paragraph (3). 2 This paragraph applies to a ballot paper— a which does not bear the official mark, b which indicates votes in favour of more answers than are permitted, c on which anything is written or marked by which the voter can be identified (other than by the unique identifying number), or d which is unmarked or void for uncertainty. 3 A ballot paper on which the vote is marked— a elsewhere than in the proper place, b otherwise than by means of a cross, or c by more marks than are permitted, is not for such reason to be considered to be void by reason only of indicating a vote by means of figures or words (or any other mark) instead of a cross if, in the counting officer's opinion, the mark clearly indicates the voter's intention. 4 Paragraph (3) does not apply if— a the way in which the ballot paper is marked identifies the voter, or b it can be shown that the voter can be identified from it. 5 The counting officer must— a endorse the word “rejected” on any ballot paper which falls not to be counted under this rule, and b if any counting agent objects to the counting officer's decision, add to the endorsement the words “rejection objected to”. 6 The counting officer must prepare a statement showing the number of ballot papers rejected under each of sub-paragraphs (a) to (d) of paragraph (2). Counting the votes 32 The counting officer must count the votes in favour of each answer to the referendum question. Decisions on ballot papers 33 The decision of the counting officer on any question arising in respect of a ballot paper is final, subject to any judicial review in accordance with section 39. Re-counts 34 1 The counting officer may have the votes re-counted (or again re-counted) if the counting officer considers it appropriate to do so. 2 The Chief Counting Officer may require the counting officer to have the votes re-counted (or again re-counted). Declaration of result 35 1 After making the certification under section 9(2)(b) (results for the counting officer's area), the counting officer must, without delay, give to the Chief Counting Officer— a notice of the matters certified, b details of the information contained in the verification statements prepared under rule 30, and c notice of the number of rejected ballot papers under each head shown in the statement of rejected ballot papers prepared under rule 31. 2 When authorised to do so by the Chief Counting Officer, the counting officer must— a make a declaration of the matters certified under section 9(2)(b), and b as soon as practicable, give public notice of those matters together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers. 3 After making the certification under section 9(4) (results for the whole of Scotland), the Chief Counting Officer must— a make a declaration of the matters certified, and b as soon as practicable, give public notice of those matters together with the total number of rejected ballot papers for the whole of Scotland under each head shown in the statements of rejected ballot papers. Sealing up of ballot papers 36 1 On the completion of the counting, the counting officer must seal up in separate packets— a the counted ballot papers, and b the rejected ballot papers. 2 The counting officer must not open the sealed packets of— a tendered ballot papers, b the completed corresponding number lists, c the certificates mentioned in rule 15(6), or d marked copies of the register of local government electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies. Delivery of papers 37 1 After sealing the papers in accordance with rule 36, the counting officer must send the papers mentioned in paragraph (2) to the proper officer of the council for the local government area in which the votes being counted have been cast, endorsing on each packet a description of its contents and the date of the referendum. 2 Those papers are— a the packets of ballot papers in the counting officer's possession, b the ballot paper accounts, the statements of rejected ballot papers and the verification statements, c the tendered votes list, the assisted voters list, the marked votes list, the polling day alterations lists and the companion declarations, d the packets of the completed corresponding numbers lists, e the packets of the certificates mentioned in rule 15(6), and f the packets containing marked copies of the register of local government electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of lists of proxies and of the proxy postal voters list. Retention and public inspection of papers 38 1 The proper officer of the council must retain for one year all papers received by virtue of rule 37. 2 Those papers, except ballot papers, completed corresponding number lists and the certificates mentioned in rule 15(6), are to be made available for public inspection at such times and in such manner as the proper officer may determine. 3 A person inspecting marked copies of the register of local government electors may not— a make copies of any part of them, or b record any particulars included in them, otherwise than by means of hand-written notes. 4 A person who makes a copy of marked copies of the register of local government electors, or records any particulars included in them, otherwise than by means of hand-written notes commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 5 After the expiry of one year, the proper officer must ensure that the papers are securely destroyed, unless otherwise directed by an order of the Court of Session or a sheriff principal. Retention and public inspection of certifications 39 1 The Chief Counting Officer must retain for one year— a certifications made by counting officers under section 9(2)(b), and b certifications made by the Chief Counting Officer under section 9(4). 2 Those certifications are to be made available for public inspection at such times and in such manner as the Chief Counting Officer may determine. Orders for production of documents 40 1 The Court of Session or a sheriff principal may make an order mentioned in paragraph (2) if the Court or the sheriff principal is satisfied by evidence on oath that the order is required for the purpose of— a instituting or maintaining a prosecution for an offence in relation to ballot papers, or b proceedings brought as mentioned in section 39. 2 An order referred to in paragraph (1) is an order for— a the inspection or production of any rejected ballot papers in the custody of a proper officer, b the opening of a sealed packet of the completed corresponding number lists or of the certificates mentioned in rule 15(6), or c the inspection of any counted ballot papers in the proper officer's custody. 3 An order under this rule may be made subject to such conditions as to— a persons, b time, c place and mode of inspection, and d production or opening, as the Court or the sheriff principal considers expedient. 4 In making and carrying out an order mentioned in paragraph (2)(b) or (c), care must be taken to ensure that the way in which the vote of any particular voter has been given will not be disclosed until it is proved— a that such vote was given, and b that such vote has been declared by a competent court to be invalid. 5 Any power given to the Court of Session or a sheriff principal under this rule may be exercised by any judge of the Court, or by the sheriff principal, otherwise than in open court. 6 An appeal lies to the Court of Session from any order of a sheriff principal under this rule. 7 Where an order is made for the production by a proper officer of any document in that officer's custody relating to the referendum— a the production by such officer or the officer's agent of the document ordered in such manner as may be directed by that order is conclusive evidence that the document relates to the referendum, and b any endorsement on any packet of ballot papers so produced is prima facie evidence that the ballot papers are what they are stated to be by the endorsement. 8 The production from the proper officer's custody of— a a ballot paper purporting to have been used at the referendum, and b a completed corresponding number list with a number marked in writing beside the number of the ballot paper, is prima facie evidence that the voter whose vote was given by that ballot paper was the person whose entry in the register of local government electors (or on a notice issued under section 13B(3B) or (3D) of the 1983 Act) at the time of the referendum contained the same number as the number marked as mentioned in sub-paragraph (b). 9 Except as provided by this rule, no person is to be allowed to— a inspect any rejected or counted ballot papers in the custody of the proper officer, or b open any sealed packet of the completed corresponding number list or of the certificates mentioned in rule 15(6). Power of Chief Counting Officer to prescribe 41 1 In this schedule, “ prescribed ” means prescribed by the Chief Counting Officer. 2 Where a form is prescribed under paragraph (1), the form may be used with such variations as the circumstances may require. SCHEDULE 3 Campaign rules (introduced by section 13) PART 1 Interpretation Interpretation of schedule 1 1 In this schedule— “ bequest ” includes any form of testamentary disposition, “body”, without more, includes a body corporate or any combination of persons or other unincorporated associations, “ broadcaster ” means— the holder of a licence under the Broadcasting Act 1990 or 1996, or the British Broadcasting Corporation, “ exempt trust donation ” has the meaning given by section 162 of the 2000 Act, “ market value ”, in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market, “ property ” includes any description of property, and references to the provision of property accordingly include the supply of goods, “ qualified auditor ” has the meaning given by section 160 of the 2000 Act. 2 For the purposes of this schedule, each of the following is a “permissible donor”— a an individual registered in an electoral register, b a company— i registered under the Companies Act 2006, ii incorporated within the United Kingdom or another member State, and iii carrying on business in the United Kingdom, c a registered party, d a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807), e a building society (within the meaning of the Building Societies Act 1986), f a limited liability partnership— i registered under the Limited Liability Partnerships Act 2000, and ii carrying on business in the United Kingdom, g a friendly society registered under the Friendly Societies Act 1974, a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act (Northern Ireland) 1969, h any unincorporated association of two or more persons which— i does not fall within any of the preceding paragraphs, ii carries on business or other activities wholly or mainly in the United Kingdom, and iii has its main office in the United Kingdom, i any body incorporated by Royal Charter and not otherwise within this sub-paragraph, j any Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005, k any charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 or Part 11 of the Charities Act (Northern Ireland) 2008, and l any partnership constituted under the law of Scotland which carries on its business in the United Kingdom. 3 In this schedule, “ electoral register ” means any of the following— a a register of parliamentary or local government electors for any area (whether or not in Scotland) maintained under section 9 of the 1983 Act, b a register of relevant citizens of the European Union prepared under the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184), c a register of peers prepared under regulations under section 3 of the Representation of the People Act 1985. 4 References in this schedule (in whatever terms) to payments out of public funds are references to any of the following— a payments out of— i the Consolidated Fund of the United Kingdom, the Scottish Consolidated Fund, the Consolidated Fund of Northern Ireland or the Welsh Consolidated Fund, or ii money provided by Parliament or appropriated by Act of the Northern Ireland Assembly, b payments by— i a Minister of the Crown, the Scottish Ministers, a Minister within the meaning of the Northern Ireland Act 1998 or the Welsh Ministers (including the First Minister for Wales or the Counsel General to the Welsh Government), or ii a government department (including a Northern Ireland department) or a part of the Scottish Administration, c payments by the SPCB, the Northern Ireland Assembly Commission or the National Assembly for Wales Commission, and d payments by the Electoral Commission. 5 References in this schedule (in whatever terms) to expenses met, or things provided, out of public funds are references to expenses met, or things provided, by means of payments out of public funds. PART 2 Permitted participants and designated organisations Permitted participants 2 1 For the purposes of this schedule, a registered party, a qualifying individual or a qualifying body may make a declaration to the Electoral Commission in accordance with this paragraph and paragraph 3 identifying the outcome for which the party, individual or body proposes to campaign at the referendum. 2 A party, individual or body which has made a declaration in accordance with this paragraph and paragraph 3 is referred to in this Act as a “permitted participant”. 3 A “qualifying individual” is an individual who is— a resident in the United Kingdom, or b registered in an electoral register. 4 A “qualifying body” is a body which is— a a company— i registered under the Companies Act 2006, ii incorporated within the United Kingdom or another member State, and iii carrying on business in the United Kingdom, b a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807), c a building society within the meaning of the Building Societies Act 1986, d a limited liability partnership— i registered under the Limited Liability Partnerships Act 2000, and ii carrying on business in the United Kingdom, e a friendly society registered under the Friendly Societies Act 1974, a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act (Northern Ireland) 1969, f an unincorporated association of two or more persons which— i does not fall within any of the preceding paragraphs, ii carries on business or other activities wholly or mainly in the United Kingdom, and iii has its main office in the United Kingdom, g any body incorporated by Royal Charter and not otherwise within this sub-paragraph, h any Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005, i any charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 or Part 11 of the Charities Act (Northern Ireland) 2008, or j any partnership constituted under the law of Scotland which carries on its business in the United Kingdom. Further provision about declarations under paragraph 2 3 1 A declaration under paragraph 2 by a registered party— a must be signed by the responsible officers of the party (within the meaning of section 64(7) of the 2000 Act), and b if made by a minor party, must be accompanied by a notification which states the name of the person who will be responsible for compliance on the part of the party with the provisions of this schedule. 2 A declaration under paragraph 2 by a qualifying individual must— a state the individual's full name and home address, and b be signed by the individual. 3 A declaration under paragraph 2 by a qualifying body within any of paragraphs (a) to (f) of paragraph 2(4) must— a state— i all such details in respect of the body as are required by virtue of any of sub-paragraphs (4) and (6) to (10) of paragraph 2 of schedule 6 of the 2000 Act to be given in respect of such a body as the donor of a recordable donation, ii the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of this schedule, and iii in the case of a body within paragraph (f) of paragraph 2(4) (unincorporated associations), the details mentioned in sub-paragraph (4), b be signed by the body's secretary or a person who acts in a similar capacity in relation to the body. 4 The details referred to in sub-paragraph (3)(a)(iii) are the names of— a where the body has more than 15 members and has officers or a governing body, those officers or the members of the governing body, or b otherwise, the body's members. 5 A declaration under paragraph 2 by a qualifying body within any of paragraphs (g) to (j) of paragraph 2(4) must— a state— i the details mentioned in sub-paragraph (6), and ii the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of this schedule, and b be signed by the body's secretary or a person who acts in a similar capacity in relation to the body. 6 The details referred to in sub-paragraph (5)(a)(i) are— a in the case of a body within paragraph 2(4)(g) (body incorporated by Royal Charter)— i the name of the body, and ii the address of its main office in the United Kingdom, b in the case of a body within paragraph 2(4)(h) or (i) (charitable incorporate organisation)— i the name of the body, and ii the address of its principal office, c in the case of a body within paragraph 2(4)(j) (Scottish partnership)— i the name of the body, and ii the address of its main office in the United Kingdom. 7 Sub-paragraph (8) applies if, at any time before the end of the compliance period, any statement which— a is contained in a notification under sub-paragraph (1)(b), or b in accordance with any provision of sub-paragraph (2), (3) or (5), is contained in a declaration under paragraph 2, ceases to be accurate. 8 The permitted participant by whom the notification was given or declaration was made must give the Electoral Commission a notification (“a notification of alteration”) replacing the statement with another statement— a contained in the notification of alteration, and b conforming with sub-paragraph (1)(b), (2), (3) or (as the case may be) (5). 9 For the purposes of sub-paragraph (7), “the compliance period” is the period during which any provision of this schedule remains to be complied with on the part of the permitted participant. 10 A declaration under paragraph 2 must be accompanied by a statement by the person who is the responsible person which— a states that the person is willing to exercise in relation to the referendum the functions conferred by and under this Act on the responsible person, and b is signed by that person. 11 Sub-paragraph (10) applies to a notification of alteration if the notification replaces a statement under sub-paragraph (1)(b), (3)(a)(ii) or (5)(a)(ii). Unincorporated associations with offensive or similar names 4 1 Sub-paragraphs (2) to (4) apply to a declaration made under paragraph 2 by an unincorporated association within sub-paragraph (4)(f) of that paragraph. 2 The declaration is not to be treated for the purposes of paragraph 2 or 6 as having been made unless the Electoral Commission have accepted the declaration. 3 As soon as reasonably practicable after receiving the declaration, the Electoral Commission must decide whether or not to accept the declaration and they must accept it unless, in their opinion, the name of the association— a is obscene or offensive, b includes words the publication of which would be likely to amount to the commission of an offence, c is the same as or similar to the name of an existing permitted participant, or d would otherwise be likely to result in voters confusing the association with an existing permitted participant. 4 As soon as reasonably practicable after deciding whether to accept the declaration, the Electoral Commission must give written notice to the association— a stating whether they accept the declaration, and b if their decision is not to accept the declaration, giving the reasons for that decision. 5 Where— a a permitted participant is an unincorporated association within paragraph 2(4)(f), b the Electoral Commission is notified under paragraph 3(8) of a change of name of the association, and c in the opinion of the Electoral Commission the new name— i is obscene or offensive, ii includes words the publication of which would be likely to amount to the commission of an offence, iii is the same as or similar to the name of another permitted participant, or iv would otherwise be likely to result in voters confusing the permitted participant with another permitted participant. the Electoral Commission does not have to enter the new name in the register under paragraph 6. 6 If the Electoral Commission decide not to enter the new name in that register, the Electoral Commission— a must as soon as reasonably practicable give written notice to the association of that decision and the reasons for it, and b in any case where they are required to make available for public inspection a document that uses the association's new name, may replace that name in the document with the name that appears on the register in respect of the association. 7 The fact that the association's new name is not entered in the register does not cause the association to cease to be a permitted participant. Further provision about responsible persons 5 1 A person who is the responsible person in relation to a permitted participant may not make a declaration under paragraph 2 as a qualifying individual or on behalf of a qualifying body. 2 An individual who is a permitted participant ceases to be a permitted participant if the individual is the treasurer of a registered party (other than a minor party) that becomes a permitted participant. 3 A declaration made or notification given by a minor party or a qualifying body does not comply with the requirement in paragraph 3(1)(b), (3)(a)(ii) or (5)(a)(ii) if the person whose name is stated— a is already the responsible person in relation to a permitted participant, b is an individual who makes a declaration under paragraph 2 at the same time, or c is the person whose name is stated, in purported compliance with paragraph 3(1)(b), (3)(a)(ii) or (5)(a)(ii), in a declaration made or notification given at the same time by another minor party or qualifying body. 4 Where a registered party (other than a minor party) makes a declaration under paragraph 2 and the treasurer of the party (“T”) is already the responsible person in relation to a permitted participant (“P”)— a T ceases to be the responsible person in relation to P at the end of the period of 14 days beginning with the day on which (by reason of the declaration) T becomes the responsible person for the party, b P must, before the end of that period, give a notification of alteration under paragraph 3(8) stating the name of the person who is to replace T as the responsible person in relation to P. 5 In sub-paragraphs (3) and (4), “ the person ”, in relation to a qualifying body, is to be read as “the person or officer”. 6 Section 25(6) of the 2000 Act (references to the treasurer to be read in certain cases as references to the campaigns officer) applies for the purposes of this Act as it applies for the purposes of Part 7 of that Act. Register of declarations under paragraph 2 6 1 The Electoral Commission must maintain a register of all declarations made to them under paragraph 2. 2 The register is to be maintained by the Commission in such form as the Commission may determine. 3 The register must contain, in relation to each declaration, all of the information supplied to the Commission in connection with the declaration in accordance with paragraph 3. 4 Where a declaration is made to the Commission under paragraph 2, the Commission must cause the information mentioned in sub-paragraph (3) to be entered in the register as soon as practicable. 5 Where a notification of alteration is given to the Commission under paragraph 3(8) the Commission must cause any change required as a consequence of the notification to be made in the register as soon as practicable. 6 The information to be entered in the register in respect of a permitted participant who is an individual must not include the individual's home address. Designated organisations 7 1 The Electoral Commission may, in relation to any of the possible outcomes in the referendum, designate under this paragraph one permitted participant as representing those campaigning for the outcome in question. 2 The Commission may make a designation under this paragraph only on an application made under paragraph 8. 3 The Commission may designate a permitted participant under this paragraph in relation to one of the possible outcomes whether or not a permitted participant is designated in relation to any of the other possible outcomes. 4 The Commission may designate the same permitted participant under this paragraph in relation to more than one of the possible outcomes. 5 A permitted participant designated under this paragraph is referred to in this Act as a “designated organisation”. Applications for designation under paragraph 7 8 1 A permitted participant seeking to be designated under paragraph 7 must make an application for that purpose to the Electoral Commission. 2 An application for designation must— a be accompanied by information or statements designed to show that the applicant adequately represents those campaigning for the outcome in the referendum in relation to which the applicant seeks to be designated, and b be made within the application period. 3 Where an application for designation has been made to the Commission in accordance with this paragraph, the application must be determined by the Commission within the decision period. 4 If there is only one application in relation to a particular outcome in the referendum, the Commission must designate the applicant unless they are not satisfied that the applicant adequately represents those campaigning for that outcome. 5 If there is more than one application in relation to a particular outcome in the referendum, the Commission must designate whichever of the applicants appears to them to represent to the greatest extent those campaigning for that outcome unless they are not satisfied that any of the applicants adequately represents those campaigning for that outcome. 6 In this paragraph— “the application period” is the period of 28 days ending at 12 noon on the day before the first day of the decision period, and “the decision period” is the period of 16 days ending with the second day before the first day of the referendum period. Designated organisation's right to use rooms for holding public meetings 9 1 Persons authorised by a designated organisation are entitled, for the purpose of holding public meetings in furtherance of the organisation's referendum campaign, to the use free of charge, at reasonable times during the relevant period, of— a a suitable room in the premises of a school to which this paragraph applies in accordance with sub-paragraph (2), and b any meeting room to which this paragraph applies in accordance with sub-paragraph (3). For this purpose, “ the relevant period ” means the period of 28 days ending with the day before the date of the referendum. 2 This paragraph applies to any school maintained by an education authority. 3 This paragraph applies to meeting rooms situated in Scotland the expense of maintaining which is payable wholly or mainly by— a the Scottish Ministers or any other part of the Scottish Administration, or b any Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998). 4 Where a room is used for a meeting in pursuance of the rights conferred by this paragraph, the person by whom or on whose behalf the meeting is convened— a must pay any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting, and b must pay for any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises. 5 A person is not entitled to exercise the rights conferred by this paragraph except on reasonable notice; and this paragraph does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose. 6 For the purposes of this paragraph (except those of sub-paragraph (4)(b)), the premises of a school are not to be taken to include any private dwelling. 7 In this paragraph— “ dwelling ” includes any part of a building where that part is occupied separately as a dwelling, “ meeting room ” means any room which it is the practice to let for public meetings, and “ room ” includes a hall, gallery or gymnasium. Supplementary provisions about use of rooms for public meetings 10 1 This paragraph has effect with respect to the rights conferred by paragraph 9 and the arrangements to be made for their exercise. 2 Any arrangement for the use of a room in school premises is to be made with the education authority maintaining the school. 3 The Scottish Ministers may determine any question as to— a the rooms in school premises which a person authorised by a designated organisation is entitled to use, b the times at which the person is entitled to use them, c the notice which is reasonable. 4 Any person authorised by a designated organisation is entitled at all reasonable hours to inspect— a any lists prepared in pursuance of paragraph 6 of schedule 5 of the 1983 Act (use of rooms for parliamentary election meetings), or b a copy of any such lists, in connection with exercising the rights conferred by paragraph 9. PART 3 Referendum expenses Referendum expenses 11 1 The following provisions have effect for the purposes of this schedule. 2 “ Referendum expenses ” means expenses incurred by or on behalf of any individual or body which are— a expenses falling within paragraph 12, and b incurred for referendum purposes. 3 Expenses are incurred for referendum purposes if they are incurred— a in connection with the conduct or management of a referendum campaign, or b otherwise in connection with promoting or procuring any particular outcome in the referendum. Expenses qualifying where incurred for referendum purposes 12 1 For the purposes of paragraph 11(2)(a) the expenses falling within this paragraph are expenses incurred in respect of any of the matters set out in the following list–– 1 Referendum campaign broadcasts. (Expenses in respect of such broadcasts include agency fees, design costs and other costs in connection with preparing and producing such broadcasts.) 2 Advertising of any nature (whatever the medium used). (Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.) 3 Unsolicited material addressed to voters (whether addressed to them by name or intended for delivery to households within any particular area or areas). (Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing or otherwise disseminating such material (including the cost of postage).) 4 Any material to which paragraph 27 applies. (Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing or otherwise disseminating such material.) 5 Market research or canvassing conducted for the purpose of ascertaining voting intentions. 6 The provision of any services or facilities in connection with press conferences or other dealings with the media. 7 Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with a referendum campaign. (Expenses in respect of such transport include the costs of hiring a particular means of transport for the whole or part of the period during which the campaign is being conducted.) 8 Rallies and other events, including public meetings (but not annual or other party conferences) organised so as to obtain publicity in connection with a referendum campaign or for other purposes connected with a referendum campaign. (Expenses in respect of such events include costs incurred in connection with the attendance of persons at such events, the hire of premises for the purposes of such events or the provision of goods, services or facilities at them.) 2 Nothing in sub-paragraph (1) is to be taken as extending to— a any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds, b any expenses incurred in respect of the remuneration or allowances payable to any member of the staff (whether permanent or otherwise) of the campaign organiser, c reasonable expenses incurred that are reasonably attributable to individuals' disability, d reasonable expenses incurred in providing for the protection of persons or property at rallies or other public events, e reasonable expenses incurred that are reasonably attributable to the translation of anything into languages other than English, f any expenses incurred in respect of an individual (“A”) by way of travelling expenses (by any means of transport) or in providing for A's accommodation or other personal needs to the extent that the expenses are paid by A from A's own resources and are not reimbursed to A, or g any expenses incurred in respect of the publication of any matter relating to the referendum (other than an advertisement) in— i a newspaper or periodical, ii a broadcast made by the British Broadcasting Corporation, or iii a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996. 3 The Electoral Commission may issue, and from time to time revise, a code of practice giving guidance as to the kinds of expenses which do, or do not, fall within this paragraph. 4 As soon as practicable after issuing or revising a code of practice under sub-paragraph (3), the Commission must send a copy to the Scottish Ministers. 5 The Scottish Ministers must lay before the Scottish Parliament a copy of the code or (as the case may be) the revised code. Notional referendum expenses 13 1 This paragraph applies where, in the case of any individual or body— a either— i property is transferred to the individual or body free of charge or at a discount of more than 10 per cent of its market value, or ii property, services or facilities is or are provided for the use or benefit of the individual or body free of charge or at a discount of more than 10 per cent of the commercial rate for the use of the property or for the provision of the services or facilities, and b the property, services or facilities is or are made use of by or on behalf of the individual or body in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the individual or body in respect of that use, they would be (or are) referendum expenses incurred by or on behalf of the individual or body. 2 Where this paragraph applies, an amount of referendum expenses determined in accordance with this paragraph (“ the appropriate amount ”) is to be treated, for the purposes of this schedule, as incurred by the individual or body during the period for which the property, services or facilities is or are made use of as mentioned in sub-paragraph (1)(b). 3 Sub-paragraph (2) is subject to sub-paragraph (13). 4 Where sub-paragraph (1)(a)(i) applies, the appropriate amount is such proportion as is reasonably attributable to the use made of the property as mentioned in sub-paragraph (1)(b) of either— a the market value of the property (where the property is transferred free of charge), or b the difference between the market value of the property and the amount of expenses actually incurred by or on behalf of the individual or body in respect of the property (where the property is transferred at a discount). 5 Where sub-paragraph (1)(a)(ii) applies, the appropriate amount is such proportion as is reasonably attributable to the use made of the property, services or facilities as mentioned in sub-paragraph (1)(b) of either— a the commercial rate for the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided free of charge), or b the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the individual or body in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount). 6 Sub-paragraph (7) applies where the services of an employee are made available by the employee's employer for the use or benefit of an individual or body. 7 For the purposes of this paragraph, the amount which is to be taken as constituting the commercial rate for the provision of those services is the amount of the remuneration or allowances payable to the employee by the employer in respect of the period for which the employee's services are made available (but do not include any amount in respect of contributions or other payments for which the employer is liable in respect of the employee). 8 Where an amount of referendum expenses is treated, by virtue of sub-paragraph (2), as incurred by or on behalf of an individual or body during any period the whole or part of which falls within the referendum period, then— a the amount mentioned in sub-paragraph (10) is to be treated as incurred by or on behalf of the individual or body during the referendum period, and b if a return falls to be prepared under paragraph 22 in respect of referendum expenses incurred by or on behalf of the individual or body during that period, the responsible person must make a declaration of that amount. 9 Sub-paragraph (8) does not apply if the amount referred to in sub-paragraph (8)(a) does not exceed £200. 10 The amount referred to in sub-paragraph (8)(a) is such proportion of the appropriate amount (determined in accordance with sub-paragraph (4) or (5)) as reasonably represents the use made of the property, services or facilities as mentioned in sub-paragraph (1)(b) during the referendum period. 11 A person commits an offence if the person knowingly or recklessly makes a false declaration under sub-paragraph (8)(b). 12 A person who commits an offence under sub-paragraph (11) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 13 No amount of referendum expenses is to be regarded as incurred by virtue of sub-paragraph (2) in respect of— a the transmission by a broadcaster of a referendum campaign broadcast, b the provision of any rights conferred on a designated organisation (or persons authorised by such an organisation) by virtue of— i paragraph 9 or 10, or ii any enactment conferring a right to send free of charge postal communications containing matter relating to the referendum, or c the provision by any individual of the individual's own services which are provided voluntarily in the individual's own time and free of charge. 14 Paragraph 31(5) and (6)(a) applies with any necessary modifications for the purpose of determining, for the purposes of sub-paragraph (1), whether property is transferred to an individual or body. Restriction on incurring referendum expenses 14 1 No amount of referendum expenses is to be incurred by or on behalf of a permitted participant except with the authority of— a the responsible person, or b a person authorised in writing by the responsible person. 2 A person commits an offence if, without reasonable excuse, the person incurs any expenses in contravention of sub-paragraph (1). 3 A person who commits an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 4 Where, in the case of a permitted participant that is a registered party, any expenses are incurred in contravention of sub-paragraph (1), the expenses do not count for the purposes of paragraphs 19 to 25 as referendum expenses incurred by or on behalf of the permitted participant. Restriction on payments in respect of referendum expenses 15 1 No payment (of whatever nature) may be made in respect of any referendum expenses incurred or to be incurred by or on behalf of a permitted participant except by— a the responsible person, or b a person authorised in writing by the responsible person. 2 A payment made in respect of any such expenses by a person within paragraph (a) or (b) of sub-paragraph (1) must be supported by an invoice or a receipt unless the amount of the payment does not exceed £200. 3 Where a person within paragraph (b) of sub-paragraph (1) makes a payment to which sub-paragraph (2) applies, the person must, as soon as possible after making the payment, deliver to the responsible person— a notification that the payment has been made, and b the supporting invoice or receipt. 4 A person commits an offence if, without reasonable excuse, the person— a makes a payment in contravention of sub-paragraph (1), or b contravenes sub-paragraph (3). 5 A person who commits an offence under sub-paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Restriction on making claims in respect of referendum expenses 16 1 A claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant during the referendum period is not payable unless the claim is sent within the period of 30 days after the end of the referendum period to— a the responsible person, or b any other person authorised under paragraph 14 to incur the expenses. 2 A claim sent in accordance with sub-paragraph (1) must be paid within the period of 60 days after the end of the referendum period. 3 A person commits an offence if, without reasonable excuse, the person— a pays a claim which by virtue of sub-paragraph (1) is not payable, or b makes a payment in respect of a claim after the end of the period allowed under sub-paragraph (2). 4 A person who commits an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 5 In the case of a claim to which sub-paragraph (1) applies— a the person making the claim, or b the person with whose authority the expenses in question were incurred, may apply to the Electoral Commission for leave for the claim to be paid although sent in after the end of the period mentioned in that sub-paragraph; and the Commission, if satisfied that it is appropriate to do so, may grant the leave. 6 Nothing in sub-paragraph (1) or (2) applies in relation to any sum paid in pursuance of the leave granted by the Commission. 7 Sub-paragraph (2) is without prejudice to any rights of a creditor of a permitted participant to obtain payment before the end of the period allowed under that sub-paragraph. 8 Subsections (9) and (10) of section 77 of the 2000 Act apply for the purposes of this paragraph as if— a any reference to subsection (1) or (2) of that section were a reference to sub-paragraph (1) or (2) above, b any reference to campaign expenditure were a reference to referendum expenses, and c any reference to the treasurer or deputy treasurer of the registered party were a reference to the responsible person in relation to the permitted participant. Disputed claims 17 1 This paragraph applies where— a a claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant as mentioned in paragraph 16(1) is sent to— i the responsible person, or ii any other person with whose authority it is alleged that the expenses were incurred, within the period allowed under that provision, and b the responsible person or other person to whom the claim is sent fails or refuses to pay the claim within the period allowed under paragraph 16(2). 2 A claim to which this paragraph applies is referred to in this paragraph as “ the disputed claim ”. 3 The person by whom the disputed claim is made may bring an action for the disputed claim, and nothing in paragraph 16(2) applies in relation to any sum paid in pursuance of any judgment or order made by a court in the proceedings. 4 For the purposes of this paragraph, sub-paragraphs (5) and (6) of paragraph 16 apply in relation to an application made by the person mentioned in sub-paragraph (1)(b) above for leave to pay the disputed claim as they apply in relation to an application for leave to pay a claim (whether it is disputed or otherwise) which is sent in after the period allowed under paragraph 16(1). Rights of creditors 18 Nothing in this schedule which prohibits— a payments and contracts for payments, b the payment or incurring of referendum expenses in excess of the maximum amount allowed by this schedule, or c the incurring of expenses not authorised as mentioned in paragraph 14, affects the right of any creditor who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of this schedule. General restriction on referendum expenses 19 1 This paragraph applies in relation to an individual or body that is not a permitted participant. 2 The total referendum expenses incurred by or on behalf of an individual or a body to which this paragraph applies during the referendum period must not exceed £10,000. 3 Where, during the referendum period, any referendum expenses are incurred by or on behalf of an individual to which this paragraph applies in excess of the limit imposed by sub-paragraph (2), the individual commits an offence if the individual knew, or ought reasonably to have known, that the expenses were being incurred in excess of that limit. 4 An individual who commits an offence under sub-paragraph (3) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 5 Where, during the referendum period, any referendum expenses are incurred by or on behalf of a body to which this paragraph applies in excess of the limit imposed by sub-paragraph (2), then— a the body commits an offence, and b any person who authorised the expenses to be incurred by or on behalf of the body also commits an offence if the person knew, or ought reasonably to have known, that the expenses would be incurred in excess of that limit. 6 A body or person who commits an offence under sub-paragraph (5) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 7 It is a defence for an individual, body or other person charged with an offence under sub-paragraph (3) or (5) to show— a that any code of practice for the time being issued under paragraph 12(3) was complied with in determining whether to incur any expenses, and b that the limit would not have been exceeded on the basis of compliance with the code of practice as it had effect at that time. 8 Sub-paragraph (9) applies where— a before the beginning of the referendum period, any expenses are incurred by or on behalf of an individual or body to which this paragraph applies in respect of any property, services or facilities, and b the property, services or facilities is or are made use of by or on behalf of the individual or body during the referendum period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of paragraph 11(2) have constituted referendum expenses incurred by or on behalf of the individual or body during that period. 9 The appropriate proportion of the expenses mentioned in sub-paragraph (8)(a) is to be treated for the purposes of this paragraph as referendum expenses incurred by or on behalf of the individual or body during that period. 10 For the purposes of sub-paragraph (9) the appropriate proportion of the expenses mentioned in paragraph (a) of sub-paragraph (8) is such proportion of those expenses as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (b) of that sub-paragraph. Special restrictions on referendum expenses by permitted participants 20 1 The total referendum expenses incurred by or on behalf of a permitted participant during the referendum period must not exceed— a if the permitted participant is a designated organisation, £1,500,000, b if the permitted participant is not a designated organisation but is a registered party and has a relevant percentage, whichever is the greater of— i the sum calculated by multiplying the sum of £3,000,000 by the party's relevant percentage, or ii £150,000, or c if the permitted participant is not a designated organisation nor such a registered party, £150,000. 2 For the purposes of sub-paragraph (1)(b)— a a registered party has a relevant percentage if, at the general election for membership of the Scottish Parliament last occurring before the relevant day (“the election”), constituency votes were cast for one or more candidates at the election authorised to use the party's registered name and regional votes were cast for the party, and b a registered party's relevant percentage is equal to the sum (rounded to one decimal place) of— i the total number of constituency votes cast at the election for the candidate or candidates mentioned in paragraph (a) expressed as a percentage of the total number of constituency votes cast at that election for all candidates, multiplied by 56.6%, and ii the total number of regional votes cast at the election for the party expressed as a percentage of the total number of regional votes cast at that election for all registered parties and individual candidates, multiplied by 43.4%. 3 In sub-paragraph (2)(a) the “relevant day” is the day on which the Act of the Scottish Parliament referred to in section 1(2) or regulations made under that Act come into force. 4 Sub-paragraph (5) applies in the case where, at the election, a candidate stood for return as a constituency member in the name of more than one registered party. 5 For the purposes of sub-paragraph (2)(b)(i), the number of constituency votes cast for the candidate is to be divided equally among each of the registered parties in whose name the candidate stood. 6 In sub-paragraphs (2) to (5)— “ constituency member ” has the meaning given in section 126(1) of the Scotland Act 1998, “ constituency vote ” means a vote cast for a candidate standing for return as a constituency member, “ regional vote ” has the meaning given in section 6(2) of the Scotland Act 1998. 7 Where any referendum expenses are incurred by or on behalf of a permitted participant during the referendum period in excess of the limit imposed by sub-paragraph (1), then— a if the permitted participant is a registered party— i the party commits an offence, and ii the responsible person or any deputy treasurer of the party also commits an offence if the person or deputy treasurer authorised the expenses to be incurred by or on behalf of the party and knew or ought reasonably to have known that the expenses would be incurred in excess of that limit, b if the permitted participant is an individual, that individual commits an offence if the individual knew or ought reasonably to have known that the expenses would be incurred in excess of that limit, c if the permitted participant is a body other than a registered party— i the body commits an offence, and ii the responsible person commits an offence if the person authorised the expenses to be incurred by or on behalf of the body and knew or ought reasonably to have known that the expenses would be incurred in excess of that limit. 8 A person who commits an offence under sub-paragraph (7) is liable— a on summary conviction, to a fine not exceeding the statutory maximum, b on conviction on indictment, to a fine. 9 It is a defence for a permitted participant or other person charged with an offence under sub-paragraph (7) to show— a that any code of practice for the time being issued under paragraph 12(3) was complied with in determining the items and amounts of referendum expenses to be entered in the relevant return under paragraph 22, and b that the limit would not have been exceeded on the basis of the items and amounts entered in that return. 10 Sub-paragraphs (8) to (10) of paragraph 19 apply for the purposes of this paragraph and paragraphs 22 to 25 as they apply for the purposes of paragraph 19, but as if references in them to an individual or body to which that paragraph applies were references to a permitted participant. 11 For the purposes of this paragraph and paragraphs 22 to 25 any reference to referendum expenses incurred by or on behalf of a permitted participant during the referendum period includes any referendum expenses so incurred at any time before the individual or body became a permitted participant. Referendum expenses incurred as part of common plan 21 1 This paragraph applies where— a referendum expenses are incurred by or on behalf of an individual or body during the referendum period, b the expenses are incurred as part of a common plan or other arrangement with one or more other individuals or bodies, c the common plan or arrangement is one whereby referendum expenses are to be incurred by or on behalf of both or all of the individuals or bodies involved in the common plan or arrangement with a view to, or otherwise in connection with, promoting or procuring one particular outcome in the referendum, and d there is a designated organisation in respect of each of the possible outcomes in the referendum. 2 Subject to sub-paragraph (4), the expenses referred to in sub-paragraph (1)(a) are to be treated for the purposes of paragraphs 19 and 20 as having also been incurred by each of the other individuals or bodies involved in the common plan or arrangement. 3 This paragraph applies whether or not any of the individuals or bodies involved in the common plan or arrangement is a permitted participant. 4 Where a designated organisation is involved in the common plan or arrangement, the expenses referred to in sub-paragraph (1)(a)— a so far as— i incurred by or on behalf of an individual or body that is not a permitted participant, and ii the total amount of such expenses incurred by or on behalf of that individual or body does not exceed £10,000, are to be treated for the purposes of paragraphs 19 and 20 as having been incurred only by the designated organisation, b so far as incurred by or on behalf of a permitted participant other than the designated organisation, are to be treated for the purposes of paragraphs 19 and 20 as having been incurred only by the designated organisation, and c so far as incurred by or on behalf of the designated organisation, are not to be treated for any purposes as having been incurred also by or on behalf of any other individual or body. Returns as to referendum expenses 22 1 The responsible person in relation to a permitted participant must make a return under this paragraph in respect of any referendum expenses incurred by or on behalf of the permitted participant during the referendum period. 2 A return under this paragraph must contain— a a statement of all payments made in respect of referendum expenses incurred by or on behalf of the permitted participant during the referendum period, b a statement of all disputed claims (within the meaning of paragraph 17), c a statement of all the unpaid claims (if any) of which the responsible person is aware in respect of which an application has been made, or is about to be made, to the Electoral Commission under paragraph 16(5), d a declaration under sub-paragraph (5), e a declaration under sub-paragraph (6), and f in a case where the permitted participant either is not a registered party or is a minor party— i the statement required by paragraph 40, and ii a statement of regulated transactions entered into in respect of the referendum which complies with the requirements of paragraphs 55 to 59. 3 A return under this paragraph must be accompanied by— a all invoices or receipts relating to the payments mentioned in sub-paragraph (2)(a), and b in the case of any referendum expenses treated as incurred by virtue of paragraph 13, any declaration falling to be made with respect to those expenses in accordance with paragraph 13(8). 4 Sub-paragraphs (2)(a) to (c) and (3) do not apply to any referendum expenses incurred at any time before the individual or body became a permitted participant, but the return must be accompanied by a declaration made by the responsible person of the total amount of such expenses incurred at any such time. 5 For the purposes of sub-paragraph (2)(d), a declaration under this sub-paragraph is a declaration of— a whether there are any referendum expenses incurred by or on behalf of an individual or body other than the permitted participant that must under paragraph 21 be treated as having been incurred during the referendum period by or on behalf of the permitted participant, and b if so, in the case of each such individual or body— i the individual's or body's name, and ii the amount of referendum expenses incurred by or on behalf of the individual or body that must be treated as mentioned in paragraph (a). 6 For the purposes of sub-paragraph (2)(e), a declaration under this sub-paragraph is a declaration of— a whether there are any referendum expenses incurred by or on behalf of the permitted participant that must under paragraph 21 be treated as having been incurred during the referendum period by or on behalf of another individual or body, and b if so, in the case of each such individual or body— i the individual's or body's name, and ii the amount of referendum expenses incurred by or on behalf of the permitted participant that must be treated as mentioned in paragraph (a). 7 The reference in sub-paragraph (6) to referendum expenses incurred by or on behalf of the permitted participant includes referendum expenses incurred before the individual or body by or on whose behalf the expenses were incurred became a permitted participant. 8 A reference in sub-paragraph (5) or (6) to referendum expenses that must be treated under paragraph 21 as having been incurred during the referendum period by or on behalf of a particular person includes— a referendum expenses that, under that paragraph, must be treated as having been incurred by or on behalf of that person only, and b referendum expenses that, under that paragraph, must be treated as having also been incurred by or on behalf of that person. 9 A reference in sub-paragraph (5) or (6) to the name of an individual or body is to be read, in the case where the individual or body is a permitted participant, as a reference to the name under which the permitted participant is registered in the register maintained under paragraph 6. 10 Sub-paragraph (11) applies where the responsible person in relation to a permitted participant makes a declaration that, to the best of the person's knowledge and belief— a no referendum expenses have been incurred by or on behalf of a permitted participant during the referendum period, or b the total amount of such expenses incurred by or on behalf of a permitted participant during that period does not exceed £10,000. 11 The responsible person in relation to the permitted participant— a is not required to make a return under this paragraph, but b must instead deliver the declaration referred to in sub-paragraph (10) to the Electoral Commission within the period of 3 months beginning with the end of the referendum period. 12 The responsible person commits an offence if— a without reasonable excuse, the person fails to comply with the requirements of sub-paragraph (11) in relation to a declaration, or b the person knowingly or recklessly makes a false declaration under that sub-paragraph. 13 A person who commits an offence under sub-paragraph (12)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 14 A person who commits an offence under sub-paragraph (12)(b) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 15 The Electoral Commission may issue guidance about the form of return to be used for the purposes of this paragraph. Auditor's report on return 23 1 Where the return prepared under paragraph 22 in respect of the referendum expenses incurred by or on behalf of a permitted participant indicates that the expenses incurred exceed £250,000, a report must be prepared by a qualified auditor on the return. 2 An auditor appointed to carry out an audit under this paragraph— a has a right of access at all reasonable times to such books, documents and other records of the permitted participant as the auditor thinks necessary for the purpose of carrying out of the audit, b is entitled to require from the responsible person in relation to the permitted participant such information and explanations as the auditor thinks necessary for that purpose. 3 If a person fails to provide the auditor with any access, information or explanation to which the auditor has a right or is entitled by virtue of sub-paragraph (2), the Commission may give the person such written directions as they consider appropriate for ensuring that the failure is remedied. 4 If the person fails to comply with the directions, the Court of Session may, on the application of the Commission, deal with the person as if the person had failed to comply with an order of the Court. 5 A person commits an offence if the person knowingly or recklessly makes to an auditor appointed to carry out an audit under this paragraph a statement (whether written or oral) which— a conveys or purports to convey any information or explanation to which the auditor is entitled by virtue of sub-paragraph (2), and b is misleading, false or deceptive in a material particular. 6 A person who commits an offence under sub-paragraph (5) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Delivery of returns to Electoral Commission 24 1 Sub-paragraph (2) applies where— a a return falls to be prepared under paragraph 22 in respect of referendum expenses incurred by or on behalf of a permitted participant, and b an auditor's report on it falls to be prepared under paragraph 23. 2 The responsible person must deliver the return to the Electoral Commission, together with a copy of the auditor's report, within the period of 6 months beginning with the end of the referendum period. 3 In the case of any other return falling to be prepared under paragraph 22, the responsible person must deliver the return to the Commission within the period of 3 months beginning with the end of the referendum period. 4 Where, after the date on which a return is delivered to the Commission under this paragraph, leave is given by the Commission under paragraph 16(5) for any claim to be paid, the responsible person must, within the period of 7 days beginning with the date of the payment, deliver to the Commission a return of any sums paid in pursuance of the leave. 5 The responsible person commits an offence if, without reasonable excuse, the person— a fails to comply with the requirements of sub-paragraph (2) or (3) in relation to a return under paragraph 22, b delivers a return which does not comply with the requirements of paragraph 22(2) or (3), or c fails to comply with the requirements of sub-paragraph (4) in relation to a return under that sub-paragraph. 6 A person who commits an offence under sub-paragraph (5)(c) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 7 A person who commits an offence under sub-paragraph (5)(a) or (b) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Declaration of responsible person as to return under paragraph 22 25 1 Each return prepared under paragraph 22 in respect of referendum expenses incurred by or on behalf of a permitted participant must be accompanied by a declaration which complies with sub-paragraph (2) and is signed by the responsible person. 2 The declaration must state— a that the responsible person has examined the return in question, and b that to the best of the responsible person's knowledge and belief— i it is a complete and correct return as required by law, and ii all expenses shown in it as paid have been paid by the responsible person or a person authorised by the responsible person. 3 In a case where the permitted participant either is not a registered party or is a minor party, the declaration must also— a in relation to all relevant donations recorded in the return as having been accepted by the permitted participant— i state that they were all from permissible donors, or ii state whether or not paragraph 36(3) was complied with in the case of each of those donations that was not from a permissible donor, b in relation to all regulated transactions entered in the return as having been entered into by the permitted participant— i state that none of the transactions was made void by paragraph 50(2) or (6), or ii state whether or not paragraph 50(3)(a) was complied with in the case of each of the transactions that was made void by paragraph 50(2) or (6). 4 A person commits an offence if— a the person knowingly or recklessly makes a false declaration under this paragraph, or b sub-paragraph (1) is contravened at a time when the person is the responsible person in the case of the permitted participant to which the return relates. 5 A person who commits an offence under sub-paragraph (4) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 6 In this paragraph— “ relevant donation ” has the same meaning as in paragraph 30, and “ regulated transaction ” is to be construed in accordance with paragraph 47. Public inspection of returns under paragraph 22 26 1 Where the Electoral Commission receive any return under paragraph 22 they must— a as soon as practicable after receiving the return, make a copy of the return and of the documents accompanying it available for public inspection, and b keep any such copy available for public inspection for the period for which the return or other document is kept by them. 2 If the return contains a statement of relevant donations or a statement of regulated transactions in accordance with paragraph 22(2)(f), the Commission must secure that the copy of the statement made available for public inspection does not include— a in the case of any donation by an individual, the donor's address, b in the case of a transaction entered into by the permitted participant with an individual, the individual's address. 3 At the end of the period of two years beginning with the date when any return or other document mentioned in sub-paragraph (1) is received by the Commission— a they may cause the return or other document to be destroyed, but b if requested to do so by the responsible person in the case of the permitted participant concerned, they must arrange for the return or other document to be returned to that person. PART 4 Publications Restriction on publication etc. of promotional material by central and local government etc. 27 1 This paragraph applies to any material which— a provides general information about the referendum, b deals with any of the issues raised by the referendum question, c puts any arguments for or against any outcome, or d is designed to encourage voting in the referendum. 2 Subject to sub-paragraph (3), no material to which this paragraph applies is to be published during the relevant period by or on behalf of— a the Scottish Ministers or any other part of the Scottish Administration, b the SPCB, or c any Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998). 3 Sub-paragraph (2) does not apply to— a material made available to persons in response to specific requests for information or to persons specifically seeking access to it, b material published— i in a report of a committee, the Business Bulletin or the Official Report of the Scottish Parliament, in accordance with the Parliament's Standing Orders, ii by the SPCB on the internet, or iii in relation to any meeting, debate, discussion or other parliamentary event authorised by the SPCB and held in accordance with the SPCB's rules and policies applicable during the relevant period, c anything done by or on behalf of— i a designated organisation, ii the Electoral Commission, or iii the Chief Counting Officer, any other counting officer or a registration officer, or d the publication of information relating to the holding of the poll. 4 In this paragraph— “ publish ” means make available to the public at large, or any section of the public, in whatever form and by whatever means (and “ publication ” is to be construed accordingly), “ the relevant period ” means the period of 28 days ending with the date of the referendum. Details to appear on referendum material 28 1 No material wholly or mainly relating to the referendum is to be published during the referendum period unless— a in the case of material which is, or is contained in, such a printed document as is mentioned in sub-paragraph (6), (7) or (8), the requirements of that sub-paragraph are complied with, or b in the case of any other material, the requirements of sub-paragraph (9) are complied with. 2 Sub-paragraph (1)(b) applies to the publication of material only if the publication can reasonably be regarded as being done with a view to promoting or procuring a particular outcome in the referendum. 3 Sub-paragraph (1)(b) does not apply to the publication of material by an individual other than a relevant person if— a the material expresses the individual's personal opinion, and b the material is published on the individual's own behalf on a non-commercial basis. 4 In sub-paragraph (3), “ relevant person ” means an individual— a who is a permitted participant, b who is a responsible person in relation to a permitted participant, c who falls within one of the following categories of person in relation to a permitted participant— i if the permitted participant is a body corporate (other than a limited liability partnership), a director, manager, secretary or other similar officer of the body, ii if the permitted participant is a limited liability partnership, a member of that partnership, iii if the permitted participant is a Scottish partnership, a partner of that partnership, iv if the permitted participant is an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association. 5 For the purposes of sub-paragraphs (6) to (8) the following details are “the relevant details” in the case of any material falling within sub-paragraph (1)(a), namely— a the name and address of the printer of the document, b the name and address of the promoter of the material, and c the name and address of any person on behalf of whom the material is being published (and who is not the promoter). 6 Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document. 7 Where the material is a printed document other than one to which sub-paragraph (6) applies, the relevant details must appear on either the first or last page of the document. 8 Where the material is an advertisement contained in a newspaper or periodical— a the name and address of the printer of the newspaper or periodical must appear on either its first or last page, and b the relevant details specified in sub-paragraph (5)(b) and (c) must be included in the advertisement. 9 In the case of material falling within sub-paragraph (1)(b), the following details, namely— a the name and address of the promoter of the material, and b the name and address of any person on behalf of whom the material is being published (and who is not the promoter), must be included in the material. 10 Where, during the referendum period, any material is published in contravention of sub-paragraph (1)(a), then the following persons commit an offence, namely— a the promoter of the material, b any other person by whom the material is so published, and c the printer of the document. 11 Where, during the referendum period, any material is published in contravention of sub-paragraph (1)(b), then the following persons commit an offence, namely— a the promoter of the material, and b any other person by whom the material is so published. 12 A person who commits an offence under sub-paragraph (10) or (11) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 13 It is a defence for a person charged with an offence under sub-paragraph (10) or (11) to show— a that the offence arose from circumstances beyond the person's control, and b that the person took all reasonable steps, and exercised all due diligence, to ensure that an offence under this paragraph would not be committed. 14 Sub-paragraph (1) does not apply to any material published for the purposes of the referendum if the publication is required under or by virtue of any enactment. 15 In this paragraph— “ address ” means postal address, “ print ” means print by whatever means, and “ printer ” is to be construed accordingly, “ the promoter ”, in relation to any material falling within sub-paragraph (1), means the person causing the material to be published, “ publish ” means make available to the public at large, or any section of the public, in whatever form and by whatever means. Display of advertisements 29 The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 (S.I. 1984/467) have effect in relation to the display on any site in Scotland of an advertisement relating specifically to the referendum as they have effect in relation to the display of an advertisement relating specifically to a parliamentary election. PART 5 Control of donations Operation and interpretation of this Part 30 1 This Part has effect for controlling donations to permitted participants that either are not registered parties or are minor parties. 2 The following provisions have effect for the purposes of this Part. 3 In accordance with sub-paragraph (1), “ permitted participant ” does not include a permitted participant that is a registered party other than a minor party. 4 “ Relevant donation ”, in relation to a permitted participant, means a donation to the permitted participant for the purpose of meeting referendum expenses incurred by or on behalf of the permitted participant. 5 “ Donation ” is to be construed in accordance with paragraphs 31 to 33. 6 In relation to donations received by a permitted participant other than a designated organisation, references to a permissible donor do not include a registered party. 7 Where any provision of this Part refers to a donation for the purpose of meeting a particular kind of expenses incurred by or on behalf of a permitted participant— a the reference includes a reference to a donation for the purpose of securing that any such expenses are not so incurred, and b a donation is to be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must reasonably be assumed to be such a donation. 8 Sub-paragraphs (9) and (10) apply to any provision of this Part which provides, in relation to a permitted participant, that money spent (otherwise than by or on behalf of the permitted participant) in paying expenses incurred directly or indirectly by the permitted participant is to constitute a donation to the permitted participant. 9 The reference in any such provision to money so spent is a reference to money so spent by a person, other than the permitted participant, out of the person's own resources (with no right to reimbursement out of the resources of the permitted participant). 10 Where, by virtue of any such provision, any amount of money so spent constitutes a donation to the permitted participant, the permitted participant is to be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question. 11 For the purposes of this Part, it is immaterial whether a donation received by a permitted participant is so received in Scotland or elsewhere. Donations: general rules 31 1 “ Donation ”, in relation to a permitted participant, means (subject to paragraph 33)— a a gift to the permitted participant of money or other property, b any sponsorship provided in relation to the permitted participant (as defined by paragraph 32), c any money spent (otherwise than by or on behalf of the permitted participant) in paying any referendum expenses incurred by or on behalf of the permitted participant, d the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the permitted participant (including the services of any person), e in the case of a permitted participant other than an individual, any subscription or other fee paid for affiliation to, or membership of, the permitted participant. 2 Where— a any money or other property is transferred to a permitted participant pursuant to any transaction or arrangement involving the provision by or on behalf of the permitted participant of any property, services or facilities or other consideration of monetary value, and b the total value in monetary terms of the consideration so provided by or on behalf of the permitted participant is less than the value of the money or (as the case may be) the market value of the property transferred, the transfer of the money or property is (subject to sub-paragraph (4)) to be taken to be a gift to the permitted participant for the purposes of sub-paragraph (1)(a). 3 In determining for the purposes of sub-paragraph (1)(d) whether any property, services or facilities provided for the use or benefit of a permitted participant is or are so provided otherwise than on commercial terms, regard must be had to the total value in monetary terms of the consideration provided by or on behalf of the permitted participant in respect of the provision of the property, services or facilities. 4 Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 32) applies in relation to it to the exclusion of the other provision of this paragraph. 5 Anything given or transferred to any officer, member, trustee or agent of a permitted participant in the officer's, member's, trustee's or agent's capacity as such (and not for the officer's, member's, trustee's or agent's own use or benefit) is to be regarded as given or transferred to the permitted participant (and references to donations received by a permitted participant accordingly include donations so given or transferred). 6 In this paragraph— a any reference to anything being given or transferred to a permitted participant or any other person is a reference to its being given or transferred either directly or indirectly through any third person, b “ gift ” includes bequest. Sponsorship 32 1 For the purposes of this schedule, sponsorship is provided in relation to a permitted participant if— a any money or other property is transferred to the permitted participant or to any person for the benefit of the permitted participant, and b the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)— i to help the permitted participant with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the permitted participant, or ii to secure that to any extent any such expenses are not so incurred. 2 In sub-paragraph (1), “ defined expenses ” means expenses in connection with— a any conference, meeting or other event organised by or on behalf of the permitted participant, b the preparation, production or dissemination of any publication by or on behalf of the permitted participant, or c any study or research organised by or on behalf of the permitted participant. 3 The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)— a the making of any payment in respect of— i any charge for admission to any conference, meeting or other event, or ii the purchase price of, or any other charge for access to, any publication, b the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication. 4 In this paragraph “ publication ” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public). Payments etc. not to be regarded as donations 33 1 None of the following is to be regarded as a donation— a any grant provided out of public funds, b the provision of any rights conferred on a designated organisation (or persons authorised by a designated organisation) by virtue of— i paragraph 9 or 10 (right to use rooms for public meetings), or ii any enactment conferring a right to send free of charge postal communications containing matter relating to the referendum, c the transmission by a broadcaster of a referendum campaign broadcast, d the provision by an individual of the individual's own services which the individual provides voluntarily in the individual's own time and free of charge, or e any interest accruing to a permitted participant in respect of any donation which is dealt with by the permitted participant in accordance with paragraph 36(3)(a) or (b). 2 Any donation the value of which (as determined in accordance with paragraph 34) does not exceed £500 is to be disregarded. Value of donations 34 1 The value of any donation falling within paragraph 31(1)(a) (other than money) is to be taken to be the market value of the property in question. 2 Where, however, paragraph 31(1)(a) applies by virtue of paragraph 31(2), the value of the donation is to be taken to be the difference between— a the value of the money or (as the case may be) the market value of the property, in question, and b the total value in monetary terms of the consideration provided by or on behalf of the permitted participant. 3 The value of any donation falling within paragraph 31(1)(b) is to be taken to be the value of the money or (as the case may be) the market value of the property, transferred as mentioned in paragraph 32(1) and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question is to be disregarded. 4 The value of any donation falling within paragraph 31(1)(d) is to be taken to be the amount representing the difference between— a the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the permitted participant in respect of the provision of the property, services or facilities if the property, services or facilities had been provided on commercial terms, and b the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the permitted participant. 5 Where a donation such as is mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation— a is to be determined at the time when it is made, but b is to be so determined by reference to the total benefit accruing to the donee over that period. Prohibition on accepting donations from impermissible donors 35 1 A relevant donation received by a permitted participant must not be accepted by the permitted participant if— a the person by whom the donation would be made is not, at the time of its receipt by the permitted participant, a permissible donor, or b the permitted participant is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation. 2 For the purposes of this schedule, any relevant donation received by a permitted participant which is an exempt trust donation is to be regarded as a relevant donation received by the permitted participant from a permissible donor. 3 But, for the purposes of this schedule, any relevant donation received by a permitted participant from a trustee of any property (in the trustee's capacity as such) is to be regarded as a relevant donation received by the permitted participant from a person who is not a permissible donor unless it is— a an exempt trust donation, or b a relevant donation transmitted by the trustee to the permitted participant on behalf of beneficiaries under the trust who are— i persons who at the time of its receipt by the permitted participant are permissible donors, or ii the members of an unincorporated association which at that time is a permissible donor. 4 Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a permitted participant by way of a relevant donation— a on behalf of the principal donor and one or more other persons, or b on behalf of two or more other persons, then for the purposes of this schedule each individual contribution by a person falling within paragraph (a) or (b) which exceeds £500 is to be treated as if it were a separate donation received from that person. 5 In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the permitted participant, the responsible person is given— a (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 41(1)(c) to be given in respect of the donor of a donation to which that paragraph applies, and b (in any case) all such details in respect of the donation as are required by virtue of paragraph 41(1)(a). 6 Where— a any person (“ the agent ”) causes an amount to be received by a permitted participant by way of a donation on behalf of another person (“ the donor ”), and b the amount of the donation exceeds £500, the agent must ensure that, at the time when the donation is received by the permitted participant, the responsible person is given all such details in respect of the donor as are required by virtue of paragraph 41(1)(c) to be given in respect of the donor of a donation to which that paragraph applies. 7 A person commits an offence if, without reasonable excuse, the person fails to comply with sub-paragraph (5) or (6). 8 A person who commits an offence under sub-paragraph (7) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Acceptance or return of donations 36 1 Sub-paragraph (2) applies where— a a donation is received by a permitted participant, and b it is not immediately decided that the permitted participant should (for whatever reason) refuse the donation. 2 All reasonable steps must be taken without delay by or on behalf of the permitted participant to verify (or, so far as any of the following is not apparent, ascertain)— a the identity of the donor, b whether the donor is a permissible donor, and c if it appears that the donor is a permissible donor, all such details in respect of the donor as are required by virtue of paragraph 41(1)(c) to be included in a statement under paragraph 40 in respect of a relevant donation. 3 If a permitted participant receives a donation which the permitted participant is prohibited from accepting by virtue of paragraph 35(1), or which it is decided the permitted participant should refuse, then— a unless the donation falls within paragraph 35(1)(b), the donation, or a payment of an equivalent amount, must be sent back to the person who made the donation or any person appearing to be acting on that person's behalf, b if the donation falls within that paragraph, the required steps (see paragraph 37(1)) must be taken in relation to the donation, within the period of 30 days beginning with the date when the donation is received by the permitted participant. 4 The permitted participant and the responsible person each commit an offence if— a sub-paragraph (3)(a) applies in relation to a donation, and b the donation is not dealt with in accordance with that sub-paragraph. 5 It is a defence for a permitted participant or responsible person charged with an offence under sub-paragraph (4) to show that— a all reasonable steps were taken by or on behalf of the permitted participant to verify (or ascertain) whether the donor was a permissible donor, and b as a result, the responsible person believed the donor to be a permissible donor. 6 The responsible person in relation to a permitted participant commits an offence if— a sub-paragraph (3)(b) applies in relation to a donation, and b the donation is not dealt with in accordance with that sub-paragraph. 7 A person who commits an offence under sub-paragraph (4) or (6) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 8 For the purposes of this schedule, a donation received by a permitted participant is to be taken to have been accepted by the permitted participant unless— a it is dealt with in accordance with sub-paragraph (3), and b a record can be produced of the receipt of the donation and of its having been dealt with in accordance with that sub-paragraph. 9 Where a donation is received by a permitted participant in the form of an amount paid into an account held by the permitted participant with a financial institution, it is to be taken for the purposes of this schedule to have been received by the permitted participant at the time when the permitted participant is notified in the usual way of the payment into the account. Return of donation where donor unidentifiable 37 1 For the purposes of paragraph 36(3)(b), the required steps are— a if the donation was transmitted by a person other than the donor and the identity of that person is apparent, to return the donation to that person, b if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, to return the donation to that institution, or c in any other case, to send the donation to the Electoral Commission. 2 In sub-paragraph (1) any reference to returning or sending a donation to any person or body includes a reference to sending a payment of an equivalent amount to that person or body. 3 Any amount sent to the Electoral Commission in pursuance of sub-paragraph (1)(c) is to be paid by the Commission into the Scottish Consolidated Fund. Forfeiture of donations made by impermissible or unidentifiable donors 38 1 This paragraph applies to any donation received by a permitted participant— a which, by virtue of paragraph 35(1), the permitted participant is prohibited from accepting, but b which has been accepted by the permitted participant. 2 A sheriff may, on the application of the Electoral Commission, order the forfeiture by the permitted participant of an amount equal to the value of the donation. 3 An order may be made under this paragraph whether or not proceedings are brought against any person for an offence connected with the donation. 4 Proceedings on an application for an order under this paragraph are civil proceedings and, accordingly, the standard of proof that applies is that applicable in civil proceedings. 5 The permitted participant may appeal to the Court of Session against an order made under this paragraph. 6 Rules of court may make provision— a with respect to applications and appeals under this paragraph, b for the giving of notice of such applications or appeals to persons affected by them, c for the sisting of such persons as parties, d generally with respect to procedure in such applications or appeals. 7 An amount forfeited by virtue of an order under this paragraph is to be paid into the Scottish Consolidated Fund. 8 Sub-paragraph (7) does not apply— a where an appeal is made under sub-paragraph (5), before the appeal is determined or otherwise disposed of, or b in any other case, before the end of any period within which, in accordance with rules of court, an appeal under sub-paragraph (5) is to be made. Evasion of restrictions on donations 39 1 A person commits an offence if the person— a knowingly enters into, or b knowingly does any act in furtherance of, any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of relevant donations to a permitted participant by any person or body other than a permissible donor. 2 A person commits an offence if the person— a knowingly gives the responsible person in relation to a permitted participant any information relating to— i the amount of any relevant donation made to the permitted participant, or ii the person or body making such a donation, which is false in a material particular, or b with intent to deceive, withholds from the responsible person in relation to a permitted participant any material information relating to a matter within paragraph (a)(i) or (ii). 3 A person who commits an offence under this paragraph is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Statement of relevant donations 40 The responsible person in relation to a permitted participant must include in any return required to be prepared under paragraph 22 a statement of relevant donations which complies with paragraphs 41 and 42. Donations from permissible donors 41 1 The statement must record, in relation to each relevant donation falling within sub-paragraph (3) which is accepted by the permitted participant— a the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 34, b the date when the donation was accepted by the permitted participant, and c the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of schedule 6 of the 2000 Act or, where the donor is within any of paragraphs (i) to (l) of paragraph 1(2), the information mentioned in sub-paragraph (2). 2 The information to be recorded in the case of a donor within any of paragraphs (i) to (l) of paragraph 1(2) is— a in the case of a body within paragraph 1(2)(i) (body incorporated by Royal Charter)— i the name of the body, and ii the address of its main office in the United Kingdom, b in the case of a body within paragraph 1(2)(j) or (k) (charitable incorporated organisation)— i the name of the body, and ii the address of its principal office, c in the case of a body within paragraph 1(2)(l) (Scottish partnership)— i the name of the body, and ii the address of its main office in the United Kingdom. 3 Sub-paragraph (1) applies to a relevant donation where— a the value of the donation exceeds £7,500, or b the value of it and any other relevant benefit or benefits exceeds that amount. 4 In sub-paragraph (3)(b) “ relevant benefit ” means any relevant donation or regulated transaction (within the meaning of paragraph 46(4)) made by or entered into with the person who made the donation. 5 The statement must also record the total value of any relevant donations, other than those falling within sub-paragraph (3), which are accepted by the permitted participant. 6 In the case of a donation made by an individual who has an anonymous entry in an electoral register, if the statement states that the permitted participant has seen evidence that the individual has such an anonymous entry, the statement must be accompanied by a copy of the evidence. Donations from impermissible or unidentifiable donors 42 1 This paragraph applies to relevant donations falling within paragraph 35(1)(a) or (b). 2 Where paragraph 35(1)(a) applies, the statement must record— a the name and address of the donor, b the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 34, and c the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with paragraph 36(3)(a). 3 Where paragraph 35(1)(b) applies, the statement must record— a details of the manner in which the donation was made, b the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 34, and c the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with paragraph 36(3)(b). Donation reports during referendum period 43 1 The responsible person in relation to a permitted participant must prepare a report under this paragraph in respect of each of the following periods— a the period starting with the relevant day and ending with the 14th day of the referendum period, b the succeeding period of 4 weeks during the referendum period, and c the period from the end of the succeeding 4 week period referred to in paragraph (b) until the end of the day before the date of the referendum. 2 In sub-paragraph (1)(a), the “relevant day” is the day on which the Act of the Scottish Parliament referred to in section 1(2) is passed or regulations made under that Act are laid before the Scottish Parliament. 3 The report for a period must record, in relation to each relevant donation of more than £7,500 which is received by the permitted participant during the period— a the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 34, b the date when the donation was received by the permitted participant, and c the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in weekly donation reports by virtue of paragraph 3 of schedule 6 of the 2000 Act. 4 If during any period no relevant donations of more than £7,500 were received by the permitted participant, the report for the period must contain a statement of that fact. 5 Where an individual or body becomes a permitted participant during a period mentioned in sub-paragraph (1)(b) or (c) (“ the period in question ”)— a a separate report under this paragraph need not be prepared in respect of any preceding period, but b for the purposes of sub-paragraphs (3) and (4), the report for the period in question must also cover the time from the relevant day (as defined in sub-paragraph (2)) to the start of the period, and references in those sub-paragraphs to the period are to be read accordingly. 6 Sub-paragraphs (3) and (4) apply to a relevant donation received by a permitted participant before the start of the referendum period only if the donation was for the purpose of meeting referendum expenses to be incurred by the permitted participant during the referendum period. 7 References in this paragraph and in paragraph 44 to a relevant donation received by a permitted participant include any donation received at a time before the individual or body concerned became a permitted participant, if the donation would have been a relevant donation had the individual or body been a permitted participant at that time. 8 A report under this paragraph must be delivered by the responsible person to the Electoral Commission within the period of 7 days beginning with the end of the period to which the report relates. 9 For the purpose of sub-paragraph (8), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve, Christmas Day or Easter Monday, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. 10 If, in relation to a donation made by an individual who has an anonymous entry in an electoral register, a report under this paragraph contains a statement that the permitted participant has seen evidence that the individual has such an anonymous entry, the report must be accompanied by a copy of the evidence. 11 The responsible person commits an offence if, without reasonable excuse, the person— a fails to comply with the requirements of sub-paragraph (8) in relation to a report under this paragraph, b delivers a report to the Electoral Commission that does not comply with the requirements of sub-paragraphs (3), (4) or (10). 12 A person who commits an offence under sub-paragraph (11) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Declaration of responsible person as to donation reports under paragraph 43 44 1 Each report prepared under paragraph 43 in respect of relevant donations received by a permitted participant must be accompanied by a declaration which complies with sub-paragraph (2) and is signed by the responsible person. 2 The declaration must state— a that the responsible person has examined the report, and b that to the best of the responsible person's knowledge and belief, it is a complete and correct report as required by law. 3 A person commits an offence if— a the person knowingly or recklessly makes a false declaration under this paragraph, or b sub-paragraph (1) is contravened at a time when the person is the responsible person in the case of the permitted participant to which the report relates. 4 A person who commits an offence under sub-paragraph (3) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Public inspection of donation reports under paragraph 43 45 1 Where the Electoral Commission receive a report under paragraph 43 they must— a as soon as practicable after receiving the report, make a copy of the report and of any document accompanying it available for public inspection, and b keep any such copy available for public inspection for the period for which the report or other document is held by them. 2 The Commission must secure that the copy of the report made available for public inspection does not include, in the case of any donation by an individual, the donor's address. 3 At the end of the period of 2 years beginning with the date when any report under paragraph 43 or other document accompanying it is received by the Commission— a they may cause the report or other document to be destroyed, or b if requested to do so by the responsible person in the case of the permitted participant concerned, they must arrange for the report or other document to be returned to that person. PART 6 Control of loans and credit Operation of Part 46 1 This Part has effect for controlling regulated transactions entered into by permitted participants that either are not registered parties or are minor parties. 2 The following provisions have effect for the purposes of this Part. 3 In accordance with sub-paragraph (1), “ permitted participant ” does not include a permitted participant which is a registered party other than a minor party. 4 “ Regulated transaction ” has the meaning given by paragraph 47. Regulated transactions 47 1 An agreement between a permitted participant and another person by which the other person makes a loan of money to the permitted participant is a regulated transaction if the use condition is satisfied. 2 An agreement between a permitted participant and another person by which the other person provides a credit facility to the permitted participant is a regulated transaction if the use condition is satisfied. 3 Where— a a permitted participant and another person (“A”) enter into a regulated transaction of a description mentioned in sub-paragraph (1) or (2), or a transaction under which any property, services or facilities are provided for the use or benefit of the permitted participant (including the services of any person), b A also enters into an arrangement whereby another person (“B”) gives any form of security (whether real or personal) for a sum owed to A by the permitted participant under the transaction mentioned in paragraph (a), and c the use condition is satisfied, the arrangement is a regulated transaction. 4 An agreement or arrangement is also a regulated transaction if— a the terms of the agreement or arrangement as first entered into do not constitute a regulated transaction by virtue of sub-paragraph (1), (2) or (3), but b the terms are subsequently varied in such a way that the agreement or arrangement becomes a regulated transaction. 5 The use condition is that the permitted participant intends at the time of entering into a transaction mentioned in sub-paragraph (1), (2) or (3)(a) to use any money or benefit obtained in consequence of the transaction for meeting referendum expenses incurred by or on behalf of the permitted participant. 6 For the purposes of sub-paragraph (5), it is immaterial that only part of the money or benefit is intended to be used for meeting referendum expenses incurred by or on behalf of the permitted participant. 7 References in sub-paragraphs (1) and (2) to a permitted participant include references to an officer, member, trustee or agent of the permitted participant if that person makes the agreement as such. 8 References in sub-paragraph (3) to a permitted participant include references to an officer, member, trustee or agent of the permitted participant if the property, services or facilities are provided to that person as such, or the sum is owed by that person as such. 9 A reference to a connected transaction is a reference to the transaction mentioned in sub-paragraph (3)(b). 10 In this paragraph a reference to anything being done by or in relation to a permitted participant or a person includes a reference to its being done directly or indirectly through a third person. 11 A credit facility is an agreement whereby a permitted participant is enabled to receive from time to time from another party to the agreement a loan of money not exceeding such amount (taking account of any repayments made by the permitted participant) as is specified in or determined in accordance with the agreement. 12 An agreement or arrangement is not a regulated transaction— a to the extent that a payment made in pursuance of the agreement or arrangement falls, by virtue of paragraph 40, to be included in a return under paragraph 22 (or would do so but for paragraph 22(10) and (11)), or b if its value does not exceed £500. Valuation of regulated transaction 48 1 The value of a regulated transaction which is a loan is the value of the total amount to be lent under the loan agreement. 2 The value of a regulated transaction which is a credit facility is the maximum amount which may be borrowed under the agreement for the facility. 3 The value of a regulated transaction which is an arrangement by which any form of security is given is the contingent liability under the security provided. 4 For the purposes of sub-paragraphs (1) and (2), no account is to be taken of the effect of any provision contained in a loan agreement or an agreement for a credit facility at the time it is entered into which enables outstanding interest to be added to any sum for the time being owed in respect of the loan or credit facility, whether or not any such interest has been so added. Authorised participants 49 1 A permitted participant must not— a be a party to a regulated transaction to which any of the other parties is not an authorised participant, b derive a benefit in consequence of a connected transaction if any of the parties to that transaction is not an authorised participant. 2 In this Part, an authorised participant is a person who is a permissible donor. 3 In relation to transactions entered into by a permitted participant other than a designated organisation, references in this Part to an authorised participant do not include a registered party. Regulated transaction involving unauthorised participant 50 1 This paragraph applies if a permitted participant is a party to a regulated transaction to which another party is not an authorised participant. 2 The transaction is void. 3 Despite sub-paragraph (2)— a any money received by the permitted participant by virtue of the transaction must be repaid by the responsible person to the person from whom it was received, along with interest at the rate referred to in section 71I(3)(a) of the 2000 Act, b the person from whom it was received is entitled to recover the money, along with such interest. 4 If— a the money is not (for whatever reason) repaid as mentioned in sub-paragraph (3)(a), or b the person entitled to recover the money refuses or fails to do so, the Commission may apply to a sheriff to make such order as the sheriff thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into. 5 An order under sub-paragraph (4) may in particular— a where the transaction is a loan or credit facility, require that any amount owed by the permitted participant be repaid (and that no further sums be advanced under it), b where any form of security is given for a sum owed under the transaction, require that security to be discharged. 6 In the case of a regulated transaction where a party other than a permitted participant— a at the time the permitted participant enters into the transaction, is an authorised participant, but b subsequently, for whatever reason, ceases to be an authorised participant, the transaction is void and sub-paragraphs (3) to (5) apply with effect from the time when the other party ceased to be an authorised participant. Guarantees and securities: unauthorised participant 51 1 This paragraph applies if— a a permitted participant and another person (“A”) enter into a transaction of a description mentioned in paragraph 47(3)(a), b A is party to a regulated transaction of a description mentioned in paragraph 47(3)(b) (“the connected transaction”) with another person (“B”), and c B is not an authorised participant. 2 Paragraph 50(2) to (5) applies to the transaction mentioned in sub-paragraph (1)(a). 3 The connected transaction is void. 4 Sub-paragraph (5) applies if (but only if) A is unable to recover from the permitted participant the whole of the money mentioned in paragraph 50(3)(a) (as applied by sub-paragraph (2) above), along with such interest as is there mentioned. 5 Despite sub-paragraph (3), A is entitled to recover from B any part of that money (and such interest) that is not recovered from the permitted participant. 6 Sub-paragraph (5) does not entitle A to recover more than the contingent liability under the security provided by virtue of the connected transaction. 7 In the case of a connected transaction where B— a at the time A enters into the transaction, is an authorised participant, but b subsequently, for whatever reason, ceases to be an authorised participant, sub-paragraphs (2) to (6) apply with effect from the time when B ceased to be an authorised participant. 8 If the transaction mentioned in paragraph 47(3)(a) is not a regulated transaction of a description mentioned in paragraph 47(1) or (2), references in this paragraph and paragraph 50(2) to (5) (as applied by sub-paragraph (2) above) to the repayment or recovery of money are to be construed as references to (as the case may be)— a the return or recovery of any property provided under the transaction, b to the extent that such property is incapable of being returned or recovered or its market value has diminished since the time the transaction was entered into, the repayment or recovery of the market value at that time, or c the market value (at that time) of any facilities or services provided under the transaction. Transfer to unauthorised participant invalid 52 If an authorised participant purports to transfer the participant's interest in a regulated transaction to a person who is not an authorised participant the purported transfer is of no effect. Offences 53 1 An individual who is a permitted participant commits an offence if— a the individual enters into a regulated transaction of a description mentioned in paragraph 47(1) or (2) to which another party is not an authorised participant, and b the individual knew or ought reasonably to have known of the matters mentioned in paragraph (a). 2 A permitted participant that is not an individual commits an offence if— a it enters into a regulated transaction of a description mentioned in paragraph 47(1) or (2) to which another party is not an authorised participant, and b an officer of the permitted participant knew or ought reasonably to have known of the matters mentioned in paragraph (a). 3 A person who is the responsible person in relation to a permitted participant that is not an individual commits an offence if— a the permitted participant enters into a regulated transaction of a description mentioned in paragraph 47(1) or (2) to which another party is not an authorised participant, and b the person knew or ought reasonably to have known of the matters mentioned in paragraph (a). 4 An individual who is a permitted participant commits an offence if— a the individual enters into a regulated transaction of a description mentioned in paragraph 47(1) or (2) to which another party is not an authorised participant, b the individual neither knew nor ought reasonably to have known that the other party is not an authorised participant, and c as soon as practicable after knowledge of the matters mentioned in paragraph (a) comes to the individual, the individual fails to take all reasonable steps to repay any money which the individual has received by virtue of the transaction. 5 A permitted participant that is not an individual commits an offence if— a it enters into a regulated transaction of a description mentioned in paragraph 47(1) or (2) to which another party is not an authorised participant, b no officer of the permitted participant knew or ought reasonably to have known that the other party is not an authorised participant, and c as soon as practicable after knowledge of the matters mentioned in paragraph (a) comes to the responsible person, the responsible person fails to take all reasonable steps to repay any money which the permitted participant has received by virtue of the transaction. 6 A person who is the responsible person in relation to a permitted participant that is not an individual commits an offence if— a the permitted participant enters into a regulated transaction of a description mentioned in paragraph 47(1) or (2) to which another party is not an authorised participant, b sub-paragraph (3)(b) does not apply to the person, and c as soon as practicable after knowledge of the matters mentioned in paragraph (a) comes to the person, the person fails to take all reasonable steps to repay any money which the permitted participant has received by virtue of the transaction. 7 An individual who is a permitted participant commits an offence if— a the individual benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and b the individual knew or ought reasonably to have known of the matters mentioned in paragraph (a). 8 A permitted participant that is not an individual commits an offence if— a it benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and b an officer of the permitted participant knew or ought reasonably to have known of the matters mentioned in paragraph (a). 9 A person who is the responsible person in relation to a permitted participant that is not an individual commits an offence if— a the permitted participant benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and b the person knew or ought reasonably to have known of the matters mentioned in paragraph (a). 10 An individual who is a permitted participant commits an offence if— a the individual is a party to a transaction of a description mentioned in paragraph 47(3)(a), b the individual benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, c the individual neither knew nor ought reasonably to have known of the matters mentioned in paragraphs (a) and (b), and d as soon as practicable after knowledge of the matters mentioned in paragraphs (a) and (b) comes to the individual, the individual fails to take all reasonable steps to pay to any person who has provided the individual with any benefit in consequence of the connected transaction the value of the benefit. 11 A permitted participant that is not an individual commits an offence if— a it is a party to a transaction of a description mentioned in paragraph 47(3)(a), b it benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, c no officer of the permitted participant knew or ought reasonably to have known of the matters mentioned in paragraphs (a) and (b), and d as soon as practicable after knowledge of the matters mentioned in paragraphs (a) and (b) comes to the responsible person, the responsible person fails to take all reasonable steps to pay to any person who has provided the permitted participant with any benefit in consequence of the connected transaction the value of the benefit. 12 A person who is the responsible person in relation to a permitted participant that is not an individual commits an offence if— a the permitted participant is a party to a transaction of a description mentioned in paragraph 47(3)(a), b the permitted participant benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, c sub-paragraph (9)(b) does not apply to the person, and d as soon as practicable after knowledge of the matters mentioned in paragraphs (a) and (b) comes to the person, the person fails to take all reasonable steps to pay to any person who has provided the permitted participant with any benefit in consequence of the connected transaction the value of the benefit. 13 A person commits an offence if the person— a knowingly enters into, or b knowingly does any act in furtherance of, any arrangement which facilitates or is likely to facilitate, whether by means of concealment or disguise or otherwise, the participation by a permitted participant in a regulated transaction with a person other than an authorised participant. 14 It is a defence for a person charged with an offence under sub-paragraph (3) to prove that the person took all reasonable steps to prevent the permitted participant entering into the transaction. 15 It is a defence for a person charged with an offence under sub-paragraph (9) to prove that the person took all reasonable steps to prevent the permitted participant benefiting in consequence of the connected transaction. 16 A reference to a permitted participant entering into a regulated transaction includes a reference to any circumstances in which the terms of a regulated transaction are varied so as to increase the amount of money to which the permitted participant is entitled in consequence of the transaction. 17 A reference in sub-paragraphs (1) to (6) to entering into a regulated transaction of a description mentioned in paragraph 47(1) or (2) to which another party is not an authorised participant includes a reference to receiving an amount of money under a regulated transaction of a description mentioned in paragraph 47(1) or (2) at a time when a person who is also a party to the transaction (and who was an authorised participant when the transaction was entered into) has ceased to be an authorised participant. 18 It is a defence for a person charged with an offence under any of sub-paragraphs (1) to (3) by virtue of sub-paragraph (17) to prove that the person took all reasonable steps, as soon as practicable, to repay money received as mentioned in sub-paragraph (17). 19 Where a person is charged with an offence under sub-paragraph (3) by virtue of sub-paragraph (17), sub-paragraph (14) does not apply. 20 In relation to a case where sub-paragraph (4)(a) and (b), (5)(a) and (b) or (6)(a) and (b) applies by virtue of sub-paragraph (17), the reference in sub-paragraph (4)(c), (5)(c) or, as the case may be, (6)(c) to any money received by virtue of the transaction is to be read as a reference to any money so received after the party in question ceased to be an authorised participant. Penalties 54 1 A person who commits an offence under sub-paragraph (1), (2), (4), (7), (8) or (10) of paragraph 53 is liable— a on summary conviction, to a fine not exceeding the statutory maximum, b on conviction on indictment, to a fine. 2 A person who commits an offence under sub-paragraph (3), (5), (6), (9), (11), (12) or (13) of paragraph 53 is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Statement of regulated transactions 55 1 The responsible person in relation to a permitted participant must include in any return required to be prepared under paragraph 22 a statement of regulated transactions entered into by the permitted participant. 2 The statement must comply with paragraphs 56 to 60. 3 For the purposes of those paragraphs a regulated transaction is a recordable transaction— a if the value of the transaction exceeds £7,500, or b if the aggregate value of it and any other relevant benefit or benefits exceeds that amount. 4 In sub-paragraph (3)(b) “ relevant benefit ” means any relevant donation (within the meaning of paragraph 30(4)) or regulated transaction made by, or entered into with, the person with whom the regulated transaction was entered into. Information about authorised participants 56 1 The statement must record, in relation to each recordable transaction to which an authorised participant was a party— a the information about the authorised participant which is, in connection with transactions entered into by registered parties, required to be recorded in transaction reports by virtue of paragraph 2 of schedule 6A of the 2000 Act, or b where the authorised participant is within any of paragraphs (i) to (l) of paragraph 1(2), the information mentioned in sub-paragraph (2). 2 The information referred to in sub-paragraph (1)(b) is— a where the authorised participant is a body within paragraph 1(2)(i) (body incorporated by Royal Charter)— i the name of the body, and ii the address of its main office in the United Kingdom, b where the authorised participant is a body within paragraph 1(2)(j) or (k) (charitable incorporated organisation)— i the name of the body, and ii the address of its principal office, c where the authorised participant is a body within paragraph 1(2)(l) (Scottish partnership)— i the name of the body, and ii the address of its main office in the United Kingdom. Identity of unauthorised participants 57 The statement must record, in relation to each recordable transaction to which a person other than an authorised participant was a party— a the name and address of the person, b the date when, and the manner in which, the transaction was dealt with in accordance with sub-paragraphs (3) to (5) of paragraph 50 or those sub-paragraphs as applied by paragraph 50(6) or 51(2). Details of transactions 58 1 The statement must record, in relation to each recordable transaction, the information about the transaction which is, in connection with transactions entered into by registered parties, required to be recorded in transaction reports by virtue of paragraph 5(2), (3) and (4) of schedule 6A of the 2000 Act (read with the modifications mentioned in sub-paragraph (2) and any other necessary modifications). 2 In relation to the statement— a paragraph 5(3) of schedule 6A of the 2000 Act has effect as if the reference to section 71G were a reference to paragraph 48 of this schedule, b paragraph 5(4) of that schedule has effect as if the references to the relevant date for the transaction determined in accordance with paragraph 8 of that schedule were a reference to the relevant date for the transaction determined in accordance with paragraph 8(1) of that schedule, and c paragraph 8(1) of that schedule has effect as if— i the reference to a quarterly report were a reference to the statement, ii the reference to section 71M(4)(a) or (7)(a) were a reference to paragraph 55(3)(a) of this schedule, and iii the reference to section 71M(4)(b) or (7)(b) were a reference to paragraph 55(3)(b) of this schedule. 3 The statement must record, in relation to each recordable transaction of a description mentioned in paragraph 47(1) or (2), the information about the transaction which is, in connection with transactions entered into by registered parties, required to be recorded in transaction reports by virtue of paragraph 6 of schedule 6A of the 2000 Act. 4 The statement must record, in relation to each recordable transaction of a description mentioned in paragraph 47(3), the information about the transaction which is, in connection with transactions entered into by registered parties, required to be recorded in transaction reports by virtue of paragraph 7(2)(b), (3) and (4) of schedule 6A of the 2000 Act. Changes 59 1 Where another authorised participant has become a party to a regulated transaction (whether in place of or in addition to any existing participant), or there has been any other change in any of the information that is required by paragraphs 56 to 58 to be included in the statement, the statement must record— a the information as it was both before and after the change, b the date of the change. 2 Where a recordable transaction has come to an end, the statement must— a record that fact, b record the date when it happened, c in the case of a loan, state how the loan has come to an end. 3 For the purposes of sub-paragraph (2), a loan comes to an end if— a the whole debt (or all the remaining debt) is repaid, b the creditor releases the whole debt. Total value of non-recordable transactions 60 The statement must record the total value of any regulated transactions that are not recordable transactions. Transaction reports during referendum period 61 1 The responsible person in relation to a permitted participant must prepare a report under this paragraph in respect of each of the following periods— a the period starting with the relevant day and ending with the 14th day of the referendum period, b the succeeding period of 4 weeks during the referendum period, and c the period from the end of the succeeding 4 week period referred to in paragraph (b) until the end of the day before the date of the referendum. 2 In sub-paragraph (1)(a), the “relevant day” is the day on which the Act of the Scottish Parliament referred to in section 1(2) is passed or regulations made under that Act are laid before the Scottish Parliament. 3 The report for any period must record, in relation to each regulated transaction having a value exceeding £7,500 which is entered into by the permitted participant during the period— a the same information about the transaction as would be required, by virtue of paragraph 58, to be recorded in the statement referred to in paragraph 55(1), b in relation to a transaction to which an authorised participant is a party, the information about each authorised participant which is, in connection with recordable transactions entered into by registered parties, required to be recorded in weekly transaction reports by virtue of paragraph 3 of schedule 6A of the 2000 Act, and c in relation to a transaction to which a person who is not an authorised participant is a party, the information referred to in paragraph 57. 4 If during any period no regulated transactions having a value exceeding £7,500 were entered into by the permitted participant, the report for the period must contain a statement of that fact. 5 Where an individual or body becomes a permitted participant during a period mentioned in sub-paragraph (1)(b) or (c) (“ the period in question ”)— a a separate report under this paragraph need not be prepared for any preceding period, but b for the purposes of sub-paragraphs (3) and (4), the report for the period in question must also cover the time from the relevant day (as defined in sub-paragraph (2)) to the start of the period, and references in those sub-paragraphs to the period are to be read accordingly. 6 Sub-paragraphs (3) and (4) apply to a regulated transaction entered into by a permitted participant before the start of the referendum period only if any money or benefit obtained in consequence of the transaction is to be used for meeting referendum expenses to be incurred by the permitted participant during the referendum period. 7 References in this paragraph and in paragraph 62 to a regulated transaction entered into by a permitted participant include any transaction entered into at a time before the individual or body concerned became a permitted participant, if the transaction would have been a regulated transaction had the individual or body been a permitted participant at that time. 8 A report under this paragraph must be delivered by the responsible person to the Electoral Commission within the period of 7 days beginning with the end of the period to which the report relates. 9 For the purpose of sub-paragraph (8), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve, Christmas Day or Easter Monday, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. 10 If, in relation to a regulated transaction entered into with an individual who has an anonymous entry in an electoral register, a report under this paragraph contains a statement that the permitted participant has seen evidence that the individual has such an anonymous entry, the report must be accompanied by a copy of the evidence. 11 The responsible person commits an offence if, without reasonable excuse, the person— a fails to comply with the requirements of sub-paragraph (8) in relation to a report under this paragraph, b delivers a report to the Electoral Commission that does not comply with the requirements of sub-paragraphs (3), (4) or (10). 12 A person who commits an offence under sub-paragraph (11) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Declaration of responsible person as to transaction reports under paragraph 61 62 1 Each report prepared under paragraph 61 in respect of regulated transactions entered into by a permitted participant must be accompanied by a declaration which complies with sub-paragraph (2) and is signed by the responsible person. 2 The declaration must state— a that the responsible person has examined the report, and b that to the best of the responsible person's knowledge and belief, it is a complete and correct report as required by law. 3 A person commits an offence if— a the person knowingly or recklessly makes a false declaration under this paragraph, or b sub-paragraph (1) is contravened at a time when the person is the responsible person in the case of the permitted participant to which the report relates. 4 A person who commits an offence under sub-paragraph (3) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Public inspection of transaction reports under paragraph 61 63 1 Where the Electoral Commission receive a report under paragraph 61 they must— a as soon as practicable after receiving the report, make a copy of the report and of any document accompanying it available for public inspection, and b keep any such copy available for public inspection for the period for which the report or other document is held by them. 2 The Commission must secure that the copy of the report made available for public inspection does not include, in the case of any transaction entered into by the permitted participant with an individual, the individual's address. 3 At the end of the period of 2 years beginning with the date when any report under paragraph 61 or other document accompanying it is received by the Commission— a they may cause the report or other document to be destroyed, or b if requested to do so by the responsible person in the case of the permitted participant concerned, they must arrange for the report or other document to be returned to that person. Non-disclosure with intent to conceal 64 1 This paragraph applies where, on an application made by the Commission, a sheriff is satisfied that any failure to comply with a requirement of paragraphs 55 to 62 in relation to— a any transaction entered into by the permitted participant, or b any change made to a transaction to which the permitted participant is a party, was attributable to an intention on the part of any person to conceal the existence or true value of the transaction. 2 The sheriff may make such order as the sheriff thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into. 3 An order under this paragraph may in particular— a where the transaction is a loan or credit facility, require that any amount owed by the permitted participant be repaid (and that no further sums be advanced under it), b where any form of security is given for a sum owed under the transaction, or the transaction is an arrangement by which any form of security is given, require that the security be discharged. Proceedings under paragraphs 50 and 64 65 1 This paragraph has effect in relation to proceedings on an application under paragraph 50(4) or 64. 2 The proceedings are civil proceedings and, accordingly, the standard of proof that applies is that applicable to civil proceedings. 3 An order may be made whether or not proceedings are brought against any person for an offence under paragraph 25 or 53. 4 An appeal against an order made by the sheriff may be made to the Court of Session. 5 Rules of court may make provision— a with respect to applications or appeals from proceedings on such applications, b for the giving of notice of such applications or appeals to persons affected, c for the sisting of such persons as parties, d generally with respect to procedure in such applications or appeals. 6 Sub-paragraph (5) does not affect any existing power to make rules. Interpretation 66 1 In this Part— “ authorised participant ” is to be construed in accordance with paragraph 49, “ connected transaction ” has the meaning given by paragraph 47(9), “ credit facility ” has the meaning given by paragraph 47(11), “ permitted participant ” is to be construed in accordance with paragraph 46, “ regulated transaction ” is to be construed in accordance with paragraph 47. 2 For the purposes of any provision relating to the reporting of transactions, anything required to be done by a permitted participant in consequence of its being a party to a regulated transaction must also be done by it, if it is a party to a transaction of a description mentioned in paragraph 47(3)(a), as if it were a party to the connected transaction. SCHEDULE 4 Campaign rules: investigatory powers of the Electoral Commission (introduced by section 14(4)) Power to require disclosure of documents etc. 1 1 The Electoral Commission may give a disclosure notice to a person who— a is, or has been at any time in the period of 5 years ending with the day on which the notice is given, the treasurer or another officer of an organisation that is a permitted participant, or b is an individual who is a permitted participant, c is a person who has made a declaration as a qualifying individual under paragraph 2 of schedule 3 and the Commission have reasonable grounds for believing that the individual is not a qualifying individual, d is a person who has made a declaration as a qualifying body under paragraph 2 of schedule 3 and the Commission have reasonable grounds for believing that the body is not a qualifying body, e is an individual or body that is not a permitted participant and the Commission have reasonable grounds for believing that the individual or body is incurring referendum expenses, f is an individual or body that the Commission have reasonable grounds for believing has received a relevant donation, g is an individual or body that the Commission have reasonable grounds for believing has entered into a regulated transaction, h is an individual or body that the Commission have reasonable grounds for believing is providing goods, services or facilities to a permitted participant or a person mentioned in paragraph (e), i is a body that is not a permitted participant and the Commission have reasonable grounds for believing that the body has published material to which paragraph 28(1) of schedule 3 applies. 2 In sub-paragraph (1)(f), “ relevant donation ” includes, in the case of a permitted participant, any donation received at a time before the individual or body became a permitted participant, if the donation would have been a relevant donation had the individual or body been a permitted participant at that time. 3 In sub-paragraph (1)(g), “ regulated transaction ” includes, in the case of a permitted participant, any transaction entered into at a time before the individual or body became a permitted participant, if the transaction would have been a regulated transaction had the individual or body been a permitted participant at that time. 4 A disclosure notice is a notice requiring the person to whom it is given— a to produce for inspection by the Commission, or a person authorised by the Commission, any documents which— i relate to income and expenditure of the organisation or individual in question, and ii are reasonably required by the Commission for the purposes of carrying out their functions under section 14 and schedule 3, or b to provide the Commission, or a person authorised by the Commission, with any information or explanation which relates to that income and expenditure and is reasonably required by the Commission for those purposes. 5 In the case of a person mentioned in sub-paragraph (1)(c) or (as the case may be) (d), a disclosure notice may also require the person to whom it is given to provide the Commission, or a person authorised by the Commission, with any information or explanation reasonably required by the Commission for the purposes of determining whether the person is a qualifying individual (within the meaning of paragraph 2(3) of schedule 3) or (as the case may be) a qualifying body (within the meaning of paragraph 2(4) of that schedule). 6 In the case of a person mentioned in sub-paragraph (1)(f) or (as the case may be) (g), a disclosure notice may also require the person to whom it is given to provide the Commission, or a person authorised by the Commission, with any information or explanation reasonably required by the Commission for the purposes of carrying out their functions under Part 5 or (as the case may be) 6 of schedule 3. 7 In the case of a person mentioned in sub-paragraph (1)(i), a disclosure notice may also require the person to whom it is given to provide the Commission, or a person authorised by the Commission, with any information or explanation reasonably required by the Commission for the purposes of carrying out their functions under paragraph 28 of schedule 3. 8 A person to whom a disclosure notice is given must comply with the notice within such reasonable time as is specified in the notice. Inspection warrants 2 1 This paragraph applies in relation to an organisation or individual that is a permitted participant. 2 A sheriff or a justice of the peace may, on the application of the Electoral Commission, issue an inspection warrant in relation to any premises occupied by an organisation or individual to whom this paragraph applies if satisfied that— a there are reasonable grounds for believing that on those premises there are documents relating to the income and expenditure of the organisation or individual, b the Commission need to inspect the documents for the purposes of carrying out their functions under section 14 and schedule 3 (other than their investigatory functions), and c permission to inspect the documents on the premises has been requested by the Commission and has been unreasonably refused. 3 An inspection warrant is a warrant authorising a member of the Commission's staff— a at any reasonable time to enter the premises specified in the warrant, and b having entered the premises, to inspect any documents within sub-paragraph (2)(a). 4 An inspection warrant also authorises the person who executes the warrant to be accompanied by any other persons who the Commission consider are needed to assist in executing it. 5 The person executing an inspection warrant must, if required to do so, produce— a the warrant, and b documentary evidence that the person is a member of the Commission's staff, for inspection by the occupier of the premises that are specified in the warrant or by anyone acting on the occupier's behalf. 6 An inspection warrant continues in force until the end of the period of one month beginning with the day on which it is issued. 7 An inspection warrant may not be used for the purposes of carrying out investigatory functions. 8 In this paragraph, “ investigatory functions ” means functions of investigating— a suspected campaign offences, or b suspected contraventions of restrictions or requirements imposed by schedule 3. Powers in relation to suspected offences or contraventions 3 1 This paragraph applies where the Electoral Commission have reasonable grounds to suspect that— a a person has committed a campaign offence, or b a person has contravened (otherwise than by committing an offence) any restriction or other requirement imposed by schedule 3. 2 In this paragraph, “ the suspected offence or contravention ” means the offence or contravention referred to in sub-paragraph (1). 3 The Commission may by notice require any person (including an organisation or individual to whom paragraph 1 applies)— a to produce for inspection by the Commission, or a person authorised by the Commission, any documents that they reasonably require for the purposes of investigating the suspected offence or contravention, b to provide the Commission, or a person authorised by the Commission, with any information or explanation that they reasonably require for those purposes. 4 A person to whom a notice is given under sub-paragraph (3) must comply with the notice within such reasonable time as is specified in the notice. 5 A person authorised by the Commission (“the investigator”) may require— a the person mentioned in sub-paragraph (1) (if that person is an individual), or b an individual who the investigator reasonably believes has relevant information, to attend before the investigator at a specified time and place and answer any questions that the investigator reasonably considers to be relevant. 6 The time specified must be a reasonable time. 7 In sub-paragraph (5), “ relevant ” means relevant to an investigation by the Commission of the suspected offence or contravention. Document disclosure orders 4 1 This paragraph applies where the Electoral Commission have given a notice under paragraph 3 requiring documents to be produced. 2 The Court of Session may, on the application of the Commission, make a document disclosure order against a person (“ the respondent ”) if satisfied that— a there are reasonable grounds to suspect that a person (whether or not the respondent) has committed a campaign offence or has otherwise contravened any restriction or other requirement imposed by schedule 3, and b there are documents referred to in the notice under paragraph 3 which— i have not been produced as required by the notice (either within the time specified in the notice for compliance or subsequently), ii are reasonably required by the Commission for the purposes of investigating the offence or contravention referred to in paragraph (a), and iii are in the custody or under the control of the respondent. 3 A document disclosure order is an order requiring the respondent to deliver to the Commission, within such time as is specified in the order, such documents falling within sub-paragraph (2)(b) as are identified in the order (either specifically or by reference to any category or description of document). 4 For the purposes of sub-paragraph (2)(b)(iii) a document is under a person's control if it is in the person's possession or if the person has a right to possession of it. 5 A person who fails to comply with a document disclosure order may not, in respect of that failure, be both punished for contempt of court and convicted of an offence under paragraph 12(1). Information disclosure orders 5 1 This paragraph applies where the Electoral Commission have given a notice under paragraph 3 requiring any information or explanation to be provided. 2 The Court of Session may, on the application of the Commission, make an information disclosure order against a person (“ the respondent ”) if satisfied that— a there are reasonable grounds to suspect that a person (whether or not the respondent) has committed a campaign offence or has contravened (otherwise than by committing an offence) any restriction or other requirement imposed by schedule 3, and b there is any information or explanation referred to in the notice under paragraph 3 which— i has not been provided as required by the notice (either within the time specified in the notice for compliance or subsequently), ii is reasonably required by the Commission for the purposes of investigating the offence or contravention referred to in paragraph (a), and iii the respondent is able to provide. 3 An information disclosure order is an order requiring the respondent to provide to the Commission, within such time as is specified in the order, such information or explanation falling within sub-paragraph (2)(b) as is identified in the order. 4 A person who fails to comply with an information disclosure order may not, in respect of that failure, be both punished for contempt of court and convicted of an offence under paragraph 12(1). Retention of documents delivered under paragraph 4 6 1 The Electoral Commission may retain any documents delivered to them in compliance with an order under paragraph 4 for a period of 3 months (or for longer if any of sub-paragraphs (3) to (8) applies). 2 In this paragraph, “the documents” and “the 3 month period” mean the documents and the period mentioned in sub-paragraph (1). 3 If, within the 3 month period, proceedings to which the documents are relevant are commenced against any person for any offence, the documents may be retained until the conclusion of the proceedings. 4 If, within the 3 month period, the Commission serve a notice under paragraph 2(1) of schedule 5 of a proposal to impose a fixed monetary penalty on any person and the documents are relevant to the decision to serve the notice, the documents may be retained— a until liability for the penalty is discharged as mentioned in paragraph 2(2) of that schedule (if it is), b until the Commission decide not to impose a fixed monetary penalty (if that is what they decide), c until the end of the period given by sub-paragraph (6) (if they do impose a fixed monetary penalty). 5 If, within the 3 month period, the Commission serve a notice under paragraph 7(1) of schedule 5 of a proposal to impose a discretionary requirement on any person and the documents are relevant to the decision to serve the notice, the documents may be retained— a until the Commission decide not to impose a discretionary requirement (if that is what they decide), b until the end of the period given by sub-paragraph (6) (if they do impose a discretionary requirement). 6 If, within the 3 month period— a a notice is served imposing a fixed monetary penalty on any person under paragraph 2(4) of schedule 5 and the documents are relevant to the decision to impose the penalty, or b a notice is served imposing a discretionary requirement on any person under paragraph 7(5) of that schedule and the documents are relevant to the decision to impose the requirement, the documents may be retained until the end of the period allowed for bringing an appeal against that decision or (if an appeal is brought) until the conclusion of proceedings on the appeal. 7 If, within the 3 month period— a a stop notice is served on any person under paragraph 13 of schedule 5, and b the documents are relevant to the decision to serve the notice, the documents may be retained until the end of the period allowed for bringing an appeal against that decision or (if an appeal is brought) until the conclusion of proceedings on the appeal. 8 If, within the 3 month period or the period given by sub-paragraph (7) (or, if applicable, by sub-paragraph (5) or (6)(b))— a the Commission, having served a stop notice on any person under paragraph 13 of schedule 5, decide not to issue a completion certificate under paragraph 15 of that schedule in relation to the stop notice, and b the documents are relevant to the decision not to issue the certificate, the documents may be retained until the end of the period allowed for bringing an appeal against that decision or (if an appeal is brought) until the conclusion of proceedings on the appeal. Power to make copies and records 7 The Electoral Commission or a person authorised by the Commission— a may make copies or records of any information contained in— i any documents produced or inspected under this schedule, ii any documents delivered to them in compliance with an order under paragraph 4, b may make copies or records of any information or explanation provided under this schedule. Authorisation to be in writing 8 An authorisation of a person by the Electoral Commission under this schedule must be in writing. Documents in electronic form 9 1 In the case of documents kept in electronic form— a a power of the Electoral Commission under this schedule to require documents to be produced for inspection includes power to require a copy of the documents to be made available for inspection in legible form, b a power of a person (“the inspector”) under this schedule to inspect documents includes power to require any person on the premises in question to give any assistance that the inspector reasonably requires to enable the inspector— i to inspect and make copies of the documents in legible form or to make records of information contained in them, or ii to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the documents. 2 Paragraph 7(a) applies in relation to any copy made available as mentioned in sub-paragraph (1)(a) above. Legal professional privilege 10 Nothing in this schedule requires a person to produce or provide, or authorises a person to inspect or take possession of, anything in respect of which a claim to confidentiality of communications could be maintained in legal proceedings. Admissibility of statements 11 1 A statement made by a person (“P”) in compliance with a requirement imposed under this schedule is admissible in evidence in any proceedings (as long as it also complies with any requirements governing the admissibility of evidence in the circumstances in question). 2 But in criminal proceedings in which P is charged with an offence (other than one to which sub-paragraph (3) applies) or in proceedings within sub-paragraph (4) to which both the Electoral Commission and P are parties— a no evidence relating to the statement is admissible against P, and b no question relating to the statement may be asked on behalf of the prosecution or (as the case may be) the Commission in cross-examination of P, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of P. 3 This sub-paragraph applies to— a an offence under paragraph 12(3), b an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath). 4 Proceedings are within this sub-paragraph if they arise out of the exercise by the Commission of any of their powers under schedule 5 other than powers in relation to an offence under paragraph 12(3) below. Offences 12 1 A person who fails, without reasonable excuse, to comply with any requirement imposed under or by virtue of this schedule commits an offence. 2 A person who intentionally obstructs a person authorised by or by virtue of this schedule in the carrying out of that person's functions under the authorisation commits an offence. 3 A person who knowingly or recklessly provides false information in purported compliance with a requirement imposed under or by virtue of this schedule commits an offence. 4 A person who commits an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 5 A person who commits an offence under sub-paragraph (1) or (3) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Guidance by Commission 13 1 The Electoral Commission must prepare and publish guidance as to— a the circumstances in which the Commission are likely to give a notice under paragraph 4 or 3, b the consequences (including criminal sanctions) that may result from a failure to comply with such a notice, c the circumstances in which the Commission are likely to apply for a warrant under paragraph 2, d the procedures to be followed in connection with questioning under paragraph 3(5), e the circumstances in which the Commission are likely to apply for an order under paragraph 4 or 5, f the principles and practices to be applied in connection with the exercise of powers under paragraphs 6 and 7, g any other matters concerning the exercise of powers under this schedule about which the Commission consider that guidance would be useful. 2 Where appropriate, the Commission must revise guidance published under sub-paragraph (1) and publish the revised guidance. 3 The Commission must have regard to the guidance or revised guidance published under this paragraph in exercising their functions under this Act. Information about use of investigatory powers in Commission's report 14 1 The Electoral Commission must, in accordance with this paragraph, make a report about the use made by the Commission of their powers under this schedule. 2 The report must, in particular, specify— a the cases in which a notice was given under paragraph 1 or 3(3), b the cases in which premises were entered under a warrant issued under paragraph 2, c the cases in which a requirement was imposed under paragraph 3(5), d the cases in which an order under paragraph 4 or 5— i was applied for, ii was made. 3 This paragraph does not require the Commission to include in the report any information that, in their opinion, it would be inappropriate to include on the ground that to do so— a would or might be unlawful, or b might adversely affect any current investigation or proceedings. 4 The report may be made— a in the report by the Commission under section 29, b in a separate report made as soon as practicable after the report under section 29 is published, or c partly in accordance with paragraph (a) and partly in accordance with paragraph (b). 5 The Commission must— a lay any report under sub-paragraph (4)(b) before the Scottish Parliament, and b after laying, publish the report in such manner as they may determine. Interpretation 15 In this schedule— “ contravention ” includes a failure to comply, and related expressions are to be construed accordingly, “ documents ” includes any books or records, “ restriction ” includes prohibition. SCHEDULE 5 Campaign rules: civil sanctions (introduced by section 14(5)) PART 1 Fixed monetary penalties Imposition of fixed monetary penalties 1 1 The Electoral Commission may by notice impose a fixed monetary penalty on a person if satisfied beyond reasonable doubt that the person has committed a campaign offence listed in Part 7. 2 The Commission may by notice impose a fixed monetary penalty on a permitted participant if satisfied beyond reasonable doubt that the responsible person in relation to the permitted participant— a has committed a campaign offence listed in Part 7, or b has failed to comply with a requirement imposed by paragraph 24(2), (3) or (4) of schedule 3. 3 For the purposes of this schedule a “fixed monetary penalty” is a requirement to pay to the Commission a penalty of £200. Representations and appeals etc. 2 1 Where the Electoral Commission propose to impose a fixed monetary penalty on a person, they must serve on the person a notice of what is proposed. 2 A notice under sub-paragraph (1) must offer the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of £200. The following provisions of this paragraph apply if the person does not do so. 3 The person may make written representations and objections to the Commission in relation to the proposed imposition of the fixed monetary penalty. 4 After the end of the period for making such representations and objections (see paragraph 3(2)) the Commission must decide whether to impose the fixed monetary penalty. If they decide to do so they must serve on the person a notice imposing the penalty. 5 The Commission may not impose a fixed monetary penalty on a person if, taking into account (in particular) any matter raised by the person, the Commission are no longer satisfied as mentioned in paragraph 1(1) or (2) (as applicable). 6 A person on whom a fixed monetary penalty is imposed may appeal against the decision to impose the penalty on the ground that the decision was— a based on an error of fact, b wrong in law, or c unreasonable. 7 An appeal under sub-paragraph (6) is to a sheriff and must be made within the period of 28 days beginning with the day on which the notice under sub-paragraph (4) is received. 8 Where an appeal under sub-paragraph (6) is made, the fixed monetary penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn. Information to be included in notices under paragraph 2 3 1 A notice under paragraph 2(1) must include information as to— a the grounds for the proposal to impose the fixed monetary penalty, b the effect of payment of the sum referred to in paragraph 2(2), c the right to make representations and objections, d the circumstances in which the Commission may not impose the fixed monetary penalty. 2 Such a notice must also specify— a the period within which liability for the fixed monetary penalty may be discharged, and b the period within which representations and objections may be made. Neither period may be more than 28 days beginning with the day on which the notice is received. 3 A notice under paragraph 2(4) must include information as to— a the grounds for imposing the fixed monetary penalty, b how payment may be made, c the period within which payment may be made, d any early payment discounts or late payment penalties, e rights of appeal, f the consequences of non-payment. Late payment 4 1 A fixed monetary penalty must be paid within the period of 28 days beginning with the day on which the notice under paragraph 2(4) is received. 2 If the penalty is not paid within that period the amount payable is increased by 25%. 3 If the penalty (as increased by sub-paragraph (2)) is not paid within the period of 56 days beginning with the day on which the notice under paragraph 2(4) is received, the amount payable is the amount of the fixed monetary penalty originally imposed increased by 50%. 4 In the case of an appeal, any penalty which falls to be paid, whether because the sheriff upheld the penalty or because the appeal was withdrawn, is payable within the period of 28 days beginning with the day of determination or withdrawal of the appeal, and if not paid within that period the amount payable is increased by 25%. 5 If the penalty (as increased by sub-paragraph (4)) is not paid within the period of 56 days beginning with the day of determination or withdrawal of the appeal, the amount payable is the amount of the fixed monetary penalty originally imposed increased by 50%. Fixed monetary penalties: criminal proceedings and conviction 5 1 Where a notice under paragraph 2(1) is served on a person— a no criminal proceedings for a campaign offence may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period within which the person's liability may be discharged as mentioned in paragraph 2(2) (see paragraph 3(2)), b if the liability is so discharged, the person may not at any time be convicted of a campaign offence in relation to that act or omission. 2 A person on whom a fixed monetary penalty is imposed may not at any time be convicted of a campaign offence in respect of the act or omission giving rise to the penalty. PART 2 Discretionary requirements Imposition of discretionary requirements 6 1 The Electoral Commission may impose one or more discretionary requirements on a person if satisfied beyond reasonable doubt that the person has committed a campaign offence listed in Part 7. 2 The Commission may impose one or more discretionary requirements on a permitted participant if satisfied beyond reasonable doubt that the responsible person in relation to the permitted participant— a has committed a campaign offence listed in Part 7, or b has failed to comply with a requirement imposed by paragraph 24(2), (3) or (4) of schedule 3. 3 For the purposes of this schedule a “discretionary requirement” is— a a requirement to pay a monetary penalty to the Commission of such amount as the Commission may determine up to a maximum of £500,000, (but see also sub-paragraph (6)), b a requirement to take such steps as the Commission may specify, within such period as they may specify, to secure that the offence or failure to comply does not continue or recur, or c a requirement to take such steps as the Commission may specify, within such period as they may specify, to secure that the position is, so far as possible, restored to what it would have been if the offence or failure to comply had not happened. 4 Discretionary requirements may not be imposed on the same person on more than one occasion in relation to the same act or omission. 5 In this schedule— “ variable monetary penalty ” means such a requirement as is referred to in sub-paragraph (3)(a), “ non-monetary discretionary requirement ” means such a requirement as is referred to in sub-paragraph (3)(b) or (c). 6 In the case of a variable monetary penalty imposed under sub-paragraph (1) or (2)(a), where the offence in question is— a triable summarily only, and b punishable on summary conviction by a fine (whether or not it is also punishable by a term of imprisonment), the amount of the penalty may not exceed the maximum amount of that fine. Representations and appeals etc. 7 1 Where the Electoral Commission propose to impose a discretionary requirement on a person, they must serve on the person a notice of what is proposed. 2 A person served with a notice under sub-paragraph (1) may make written representations and objections to the Commission in relation to the proposed imposition of the discretionary requirement. 3 After the end of the period for making such representations and objections (see paragraph 8(2)) the Commission must decide whether— a to impose the discretionary requirement, with or without modifications, or b to impose any other discretionary requirement that the Commission have power to impose under paragraph 6. 4 The Commission may not impose a discretionary requirement on a person if, taking into account (in particular) any matter raised by the person, the Commission are no longer satisfied as mentioned in paragraph 6(1) or (2) (as applicable). 5 Where the Commission decide to impose a discretionary requirement on a person, they must serve on the person a notice specifying what the requirement is. 6 A person on whom a discretionary requirement is imposed may appeal against the decision to impose the requirement on the ground— a that the decision was based on an error of fact, b that the decision was wrong in law, c in the case of a variable monetary penalty, that the amount of the penalty is unreasonable, d in the case of a non-monetary discretionary requirement, that the nature of the requirement is unreasonable, or e that the decision is unreasonable for any other reason. 7 An appeal under sub-paragraph (6) is to a sheriff and must be made within the period of 28 days beginning with the day on which the notice under sub-paragraph (5) is received. 8 Where an appeal under sub-paragraph (6) is made, the discretionary requirement is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn. Information to be included in notices under paragraph 7 8 1 A notice under paragraph 7(1) must include information as to— a the grounds for the proposal to impose the discretionary requirement, b the right to make representations and objections, c the circumstances in which the Commission may not impose the discretionary requirement. 2 Such a notice must also specify the period within which representations and objections may be made. That period may not be less than 28 days beginning with the day on which the notice is received. 3 A notice under paragraph 7(5) must include information as to— a the grounds for imposing the discretionary requirement, b where the discretionary requirement is a variable monetary penalty— i how payment may be made, ii the period within which payment must be made, and iii any early payment discounts or late payment penalties, c rights of appeal, d the consequences of non-compliance. Discretionary requirements: criminal conviction 9 1 A person on whom a discretionary requirement is imposed may not at any time be convicted of a campaign offence in respect of the act or omission giving rise to the requirement. 2 Sub-paragraph (1) does not apply where— a a non-monetary discretionary requirement is imposed on the person, b no variable monetary penalty is imposed on the person, and c the person fails to comply with the non-monetary discretionary requirement. Compliance and restoration certificates 10 1 Where, after the service of a notice under paragraph 7(5) imposing a non-monetary discretionary requirement on a person, the Commission are satisfied that the person has taken the steps specified in the notice, they must issue a certificate to that effect. 2 A notice served under paragraph 7(5) ceases to have effect on the issue of a certificate relating to that notice. 3 A person on whom a notice under paragraph 7(5) has been served may at any time apply for a certificate and the Commission must make a decision whether to issue a certificate within the period of 28 days beginning with the day on which they receive such an application. 4 An application under sub-paragraph (3) must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the notice has been complied with. 5 Where, on an application under sub-paragraph (3), the Commission decide not to issue a certificate they must notify the applicant and provide the applicant with information as to— a the grounds for the decision not to issue a certificate, and b rights of appeal. 6 The Commission may revoke a certificate if it was granted on the basis of inaccurate, incomplete or misleading information. 7 Where the Commission revoke a certificate, the notice has effect as if the certificate had not been issued. 8 A person who has applied for a certificate under sub-paragraph (3) may appeal to a sheriff against a decision not to issue a certificate under this paragraph on the ground that the decision was— a based on an error of fact, b wrong in law, or c unfair or unreasonable. 9 An appeal must be made within the period of 28 days beginning with the day on which notification of the decision is received. Failure to comply with discretionary requirements 11 1 The Electoral Commission may by notice impose a monetary penalty (a “non-compliance penalty”) on a person for failing to comply with a non-monetary discretionary requirement imposed on the person. 2 The amount of a non-compliance penalty is to be determined by the Commission, but must not exceed £10,000. 3 A non-compliance penalty must be paid to the Commission. 4 A notice under sub-paragraph (1) must include information as to— a the grounds for imposing the non-compliance penalty, b the amount of the penalty, c how payment may be made, d the period within which payment must be made, which must not be less than 28 days beginning with the day on which the notice imposing the penalty is received, e rights of appeal, and f the consequences of failure to make payment within the period specified. 5 If, before the end of the period specified for payment of a non-compliance penalty— a the person on whom the penalty was imposed has taken the steps specified in the notice imposing the non-monetary discretionary requirement to which the penalty relates, and b the Commission have issued a certificate under paragraph 10(1) in respect of that notice, the Commission may waive, or reduce the amount of, the penalty. 6 A person served with a notice imposing a non-compliance penalty may appeal against the notice on the ground that the decision to serve the notice was— a based on an error of fact, b wrong in law, or c unfair or unreasonable for any reason (for example because the amount is unreasonable). 7 An appeal under sub-paragraph (6) is to a sheriff and must be made within the period of 28 days beginning with the day on which the notice under sub-paragraph (1) is received. 8 Where an appeal under sub-paragraph (6) is made, the non-compliance penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn. Late payment 12 1 A variable monetary penalty must be paid within the period of 28 days beginning with the day on which the notice under paragraph 7(5) is received. 2 If the penalty is not paid within that period the amount payable is increased by 25%. 3 If the penalty (as increased by sub-paragraph (2)) is not paid within the period of 56 days beginning with the day on which the notice under paragraph 7(5) is received, the amount payable is the amount of the penalty originally imposed increased by 50%. 4 In the case of an appeal, any penalty which falls to be paid, whether because the sheriff upheld the penalty or varied it, or because the appeal was withdrawn, is payable within 28 days of the day of determination or withdrawal of the appeal, and if it is not paid within that period the amount payable is increased by 25%. 5 If the penalty (as increased by sub-paragraph (4)) is not paid within the period of 56 days beginning with the day of determination or withdrawal of the appeal, the amount payable is the amount of the penalty originally imposed increased by 50%. PART 3 Stop notices Imposition of stop notices 13 1 Where sub-paragraph (2) or (3) applies, the Electoral Commission may serve on a person a notice (a “stop notice”) prohibiting the person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice. 2 This sub-paragraph applies where— a the person is carrying on the activity, b the Commission reasonably believe that the activity as carried on by the person involves or is likely to involve the person committing a campaign offence listed in Part 7, and c the Commission reasonably believe that the activity as carried on by the person is seriously damaging public confidence in the effectiveness of the controls in schedule 3, or presents a significant risk of doing so. 3 This sub-paragraph applies where— a the person is likely to carry on the activity, b the Commission reasonably believe that the activity as carried on by the person will involve or will be likely to involve the person committing a campaign offence listed in Part 7, and c the Commission reasonably believe that the activity as likely to be carried on by the person will seriously damage public confidence in the effectiveness of the controls mentioned in sub-paragraph (2)(c), or will present a significant risk of doing so. 4 The steps referred to in sub-paragraph (1) must be steps to secure that the activity is carried on or (as the case may be) will be carried on in a way that does not involve the person acting as mentioned in sub-paragraph (2)(b) or (3)(b). Information to be included in stop notices 14 A stop notice must include information as to— a the grounds for serving the notice, b rights of appeal, c the consequences of not complying with the notice. Completion certificates 15 1 Where, after the service of a stop notice on a person, the Electoral Commission are satisfied that the person has taken the steps specified in the notice, they must issue a certificate to that effect (a “completion certificate”). 2 A stop notice ceases to have effect on the issue of a completion certificate relating to that notice. 3 A person on whom a stop notice is served may at any time apply for a completion certificate. The Commission must make a decision whether to issue a completion certificate within the period of 14 days beginning with the day on which they receive such an application. 4 An application for a completion certificate must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the stop notice has been complied with. 5 Where, on an application under sub-paragraph (3), the Commission decide not to issue a completion certificate they must notify the applicant and provide the applicant with information as to— a the grounds for the decision not to issue a completion certificate, and b rights of appeal. 6 The Commission may revoke a completion certificate if it was granted on the basis of inaccurate, incomplete or misleading information. 7 Where the Commission revoke a completion certificate, the stop notice has effect as if the certificate had not been issued. Appeals etc. 16 1 A person served with a stop notice may appeal against the decision to serve it on the ground that— a the decision was based on an error of fact, b the decision was wrong in law, c the decision was unreasonable, d any step specified in the notice is unreasonable, or e the person has not acted as mentioned in paragraph 13(2)(b) or (3)(b) and would not have done so even if the stop notice had not been served. 2 A person served with a stop notice may appeal against a decision not to issue a completion certificate on the ground that the decision— a was based on an error of fact, b was wrong in law, or c was unfair or unreasonable. 3 An appeal under sub-paragraph (1) or (2) is to a sheriff. 4 An appeal under sub-paragraph (1) against a decision to serve a stop notice must be made within the period of 28 days beginning with the day on which the stop notice is received. 5 An appeal under sub-paragraph (2) against a decision not to issue a completion certificate must be made within the period of 28 days beginning with the day on which notification of the decision is received. 6 Where an appeal under sub-paragraph (1) or (2) is made, the stop notice continues to have effect unless it is suspended or varied on the order of the sheriff. Failure to comply with stop notice 17 1 A person served with a stop notice who does not comply with it commits an offence. 2 A person who commits an offence under sub-paragraph (1) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both). PART 4 Enforcement undertakings Enforcement undertakings 18 1 This paragraph applies where— a the Electoral Commission have reasonable grounds to suspect that a person has committed a campaign offence listed in Part 7, b the person offers an undertaking (an “enforcement undertaking”) to take such action, within such period, as is specified in the undertaking, c the action so specified is— i action to secure that the offence does not continue or recur, ii action to secure that the position is, so far as possible, restored to what it would have been if the offence had not happened, and d the Commission accept the undertaking. 2 Unless the person has failed to comply with the undertaking or any part of it— a the person may not at any time be convicted of a campaign offence in respect of the act or omission to which the undertaking relates, b the Commission may not impose on the person any fixed monetary penalty that they would otherwise have power to impose by virtue of paragraph 1 in respect of that act or omission, c the Commission may not impose on the person any discretionary requirement that they would otherwise have power to impose by virtue of paragraph 6 in respect of that act or omission. Enforcement undertakings: further provision 19 1 An enforcement undertaking must be in writing and include— a a statement that the undertaking is an enforcement undertaking regulated by this Act, b the terms of the undertaking, c the period within which the action specified in the undertaking must be completed, d details of how and when a person is to be considered to have complied with the undertaking, and e information as to the consequences of failure to comply in full or in part with the undertaking, including reference to the effect of paragraph 18(2). 2 The enforcement undertaking may be varied or extended if the person who has given the undertaking and the Electoral Commission agree. 3 The Commission may publish any enforcement undertaking which they accept in whatever manner they see fit. Compliance certificate 20 1 Where, after accepting an enforcement undertaking from a person, the Electoral Commission are satisfied that the undertaking has been complied with in full they must issue a certificate to that effect. 2 An enforcement undertaking ceases to have effect on the issue of a certificate relating to that undertaking. 3 A person who has given an enforcement undertaking may at any time apply for a certificate, and the Commission must make a decision whether to issue a certificate within the period of 28 days beginning with the day on which they receive such an application. 4 An application under sub-paragraph (3) must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the undertaking has been complied with. 5 Where, on an application under sub-paragraph (3), the Commission decide not to issue a certificate they must notify the applicant and provide the applicant with information as to— a the grounds for the decision not to issue a certificate, and b rights of appeal. 6 The Commission may revoke a certificate if it was granted on the basis of inaccurate, incomplete or misleading information. 7 Where the Commission revoke a certificate, the enforcement undertaking has effect as if the certificate had not been issued. Appeals 21 1 A person who has given an enforcement undertaking may appeal to the sheriff against a decision not to issue a certificate under paragraph 20 on the ground that the decision was— a based on an error of fact, b wrong in law, or c unfair or unreasonable. 2 An appeal must be made within the period of 28 days beginning with the day on which notification of the Electoral Commission's decision is received. PART 5 General and supplemental Restrictions on combination of sanctions 22 1 The Electoral Commission may not serve on a person a notice under paragraph 2(1) (notice of proposed fixed monetary penalty) in relation to any act or omission in relation to which— a a discretionary requirement has been imposed on that person, or b a stop notice has been served on that person. 2 The Commission may not serve on a person a notice under paragraph 7(1) (notice of proposed discretionary requirement), or serve a stop notice on a person, in relation to any act or omission in relation to which— a a fixed monetary penalty has been imposed on that person, or b the person's liability for a fixed monetary penalty has been discharged as mentioned in paragraph 2(2). Withdrawal or variation of notice 23 1 The Electoral Commission may by notice in writing at any time withdraw a notice served under paragraph 2(4). 2 The Commission may by notice in writing at any time— a withdraw a notice served under paragraph 7(5), b reduce the monetary amount payable under such a notice, or c reduce the steps to be taken under such a notice. 3 The Commission may by notice in writing at any time withdraw a stop notice (but may serve another stop notice in respect of the same activity specified in the withdrawn notice). Use of statements made compulsorily 24 1 The Electoral Commission must not take into account a statement made by a person in compliance with a requirement imposed under schedule 4 in deciding whether— a to impose a fixed monetary penalty on the person, b to impose a discretionary requirement on the person, c to serve a stop notice on the person. 2 Sub-paragraph (1)(a) or (b) does not apply to a penalty or requirement imposed in respect of an offence under paragraph 12(3) of schedule 4 (providing false information in purported compliance with a requirement under that schedule). Unincorporated associations 25 Any amount that is payable under this schedule by an unincorporated association must be paid out of the funds of the association. Guidance as to enforcement 26 1 The Electoral Commission must prepare and publish guidance as to— a the sanctions (including criminal sanctions) that may be imposed on a person who does something that might lead to— i a fixed monetary penalty or a discretionary requirement being imposed on the person, ii a stop notice being served on the person, iii an enforcement undertaking being accepted from the person, b the action that the Commission may take in relation to such a person (whether by virtue of this schedule or otherwise), c the circumstances in which the Commission are likely to take any such action. 2 The guidance must include guidance about the Commission's use of the power to impose a fixed monetary penalty, with information as to— a the circumstances in which such a penalty may not be imposed, b the amount of such a penalty, c how liability for such a penalty may be discharged and the effect of discharge, d rights to make representations and objections and rights of appeal in relation to such a penalty. 3 The guidance must include guidance about the Commission's use of the power to impose a discretionary requirement, with information as to— a the circumstances in which such a requirement may not be imposed, b rights to make representations and objections and rights of appeal in relation to such a requirement, c in the case of a variable monetary penalty, the matters likely to be taken into account by the Commission in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance). 4 The guidance must include guidance about the Commission's use of the power to serve a stop notice, with information as to— a the circumstances in which such a notice may not be served, b rights of appeal in relation to such a notice. 5 The guidance must include guidance about the Commission's use of the power to accept an enforcement undertaking. 6 Where appropriate, the Commission must revise guidance published under sub-paragraphs (1) to (5) and publish the revised guidance. 7 The Commission must consult such persons as they consider appropriate before publishing guidance or revised guidance under this paragraph. 8 The Commission must have regard to the guidance or revised guidance published under this paragraph in exercising their functions under this Act. Recovery of penalties etc. 27 The Electoral Commission may recover as a civil debt— a a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty, and b any interest or other financial penalty for late payment of such a penalty. Payment of penalties etc. into Scottish Consolidated Fund 28 Where, in pursuance of any provision contained in or made under this schedule, the Electoral Commission receive— a a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty, b any interest or other financial penalty for late payment of such a penalty, or c a sum paid as mentioned in paragraph 2(2) (in discharge of liability for a fixed monetary penalty), they must pay it into the Scottish Consolidated Fund. Reports on use of civil sanctions 29 1 The Electoral Commission must, in accordance with this paragraph, make a report about the use made by the Commission of their powers under this schedule. 2 The report must, in particular, specify— a the cases in which a fixed monetary penalty or discretionary requirement was imposed or a stop notice served (other than cases in which the penalty, requirement or notice was overturned on appeal), b the cases in which liability for a fixed monetary penalty was discharged as mentioned in paragraph 2(2), c the cases in which an enforcement undertaking was accepted. 3 This paragraph does not require the Commission to include in the report any information that, in their opinion, it would be inappropriate to include on the ground that to do so— a would or might be unlawful, or b might adversely affect any current investigation or proceedings. 4 The report may be made— a in the report by the Commission under section 29, b in a separate report made as soon as practicable after the report under section 29 is published, or c partly in accordance with paragraph (a) and partly in accordance with paragraph (b). 5 The Commission must— a lay any report under sub-paragraph (4)(b) before the Scottish Parliament, and b after laying, publish the report in such manner as they may determine. Disclosure of information 30 1 Information held by or on behalf of a procurator fiscal or a constable in Scotland may be disclosed to the Electoral Commission for the purpose of the exercise by the Commission of any powers conferred on them under or by virtue of this schedule. 2 It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the day on which this paragraph comes into force. 3 A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information. 4 This paragraph does not affect a power to disclose that exists apart from this paragraph. Powers of sheriff 31 1 On an appeal under paragraph 2(6) the sheriff may overturn or confirm the penalty. 2 On an appeal under paragraph 7(6), 11(6) or 16(1) the sheriff may— a overturn, confirm or vary the requirement or notice, b take such steps as the Electoral Commission could take in relation to the act or omission giving rise to the requirement or notice, c remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the Commission. 3 On an appeal under paragraph 10(8), 16(2) or 21(1) the sheriff may make an order requiring the Commission to issue (as appropriate)— a a certificate under paragraph 10(1), b a completion certificate under paragraph 15(1), or c a certificate under paragraph 20(1). PART 6 Interpretation 32 In this schedule— “ completion certificate ” has the meaning given in paragraph 15(1), “ discretionary requirement ” has the meaning given in paragraph 6(3), “ enforcement undertaking ” has the meaning given in paragraph 18(1)(b), “ fixed monetary penalty ” has the meaning given in paragraph 1(3), “ non-compliance penalty ” has the meaning given in paragraph 11(1), “ non-monetary discretionary requirement ” has the meaning given in paragraph 6(5), “ responsible person ”, in relation to a permitted participant, has the meaning given in schedule 7, “ restriction ” includes prohibition, “ stop notice ” has the meaning given in paragraph 13(1), “ variable monetary penalty ” has the meaning given in paragraph 6(5). PART 7 Listed campaign offences Section 16(4)(a) Failure to supply information to relevant person as required by schedules 3 to 5 Paragraph 14(2) of schedule 3 Incurring referendum expenses without authority Paragraph 15(4)(a) of schedule 3 Making payment in respect of referendum expenses without authority Paragraph 15(4)(b) of schedule 3 Failure to notify responsible person of payment in respect of referendum expenses Paragraph 16(3)(a) of schedule 3 Paying claim in respect of referendum expenses where failure to comply with procedure Paragraph 16(3)(b) of schedule 3 Paying claim in respect of referendum expenses outside specified time period Paragraph 19(3) of schedule 3 Individual (other than permitted participant) exceeding limits on referendum expenses Paragraph 19(5) of schedule 3 Body (other than permitted participant) exceeding limits on referendum expenses Paragraph 20(7) of schedule 3 Permitted participant exceeding limits on referendum expenses Paragraph 22(12)(a) of schedule 3 Failure to comply with requirements for declaration Paragraph 24(5)(a) of schedule 3 Failure to deliver return to Electoral Commission Paragraph 24(5)(b) of schedule 3 Failure to comply with requirements for return to Electoral Commission Paragraph 24(5)(c) of schedule 3 Failure to deliver to Electoral Commission a return of sums paid in pursuance of leave given to pay late claims Paragraph 25(4)(b) of schedule 3 Failure of responsible person of permitted participant (other than an individual) to provide or sign declaration with return to Electoral Commission Paragraph 28(10) or (11) of schedule 3 Printing or publishing referendum material without details of printer or publisher Paragraph 35(7) of schedule 3 Failure to provide information about donors Paragraph 36(4) or (6) of schedule 3 Failure to return donations Paragraph 43(11)(a) of schedule 3 Failure to deliver donation reports to Electoral Commission within time limits Paragraph 43(11)(b) of schedule 3 Failure to comply with requirements for recording donations in donation reports Paragraph 44(3)(b) of schedule 3 Failure of responsible person of permitted participant (other than an individual) to provide or sign declaration with donation report Paragraph 53(1) of schedule 3 Permitted participant (individual) knowingly enters into regulated transaction with unauthorised participant Paragraph 53(2) of schedule 3 Permitted participant (other than an individual) knowingly enters into regulated transaction with unauthorised participant Paragraph 53(3) of schedule 3 Responsible person for permitted participant (other than an individual) knowingly enters into regulated transaction with unauthorised participant Paragraph 53(4) of schedule 3 Permitted participant (individual) unknowingly enters into regulated transaction with unauthorised participant and fails to take steps to repay Paragraph 53(5) or (6) of schedule 3 Failure of responsible person for permitted participant (other than an individual) to take steps to repay money received in connection with a regulated transaction with an unauthorised participant which was entered into unknowingly Paragraph 53(7) of schedule 3 Permitted participant (individual) knowingly benefits from regulated transaction with unauthorised participant Paragraph 53(8) or (9) of schedule 3 Permitted participant (other than an individual) knowingly benefits from connected transaction with unauthorised participant Paragraph 53(11) or (12) of schedule 3 Failure of responsible person for permitted participant (other than an individual) to take steps to repay benefits from connected transaction with unauthorised participant which was entered into unknowingly Paragraph 61(11)(a) of schedule 3 Failure to deliver transaction reports to Electoral Commission within time limits Paragraph 62(3)(b) of schedule 3 Failure of responsible person of permitted participant (other than an individual) to provide or sign declaration with report relating to regulated transactions Paragraph 12(1) of schedule 4 Failure to comply with investigation requirement SCHEDULE 6 Offences (introduced by section 35) Personation 1 1 A person (“A”) commits the offence of personation in the referendum if— a A votes in person or by post in the referendum as some other person, whether as a voter or as proxy, and whether that other person is living or dead or is a fictitious person, or b A votes, as proxy, in person or by post in the referendum— i for a person whom A knows or has reasonable grounds for supposing to be dead or to be a fictitious person, or ii when A knows or has reasonable grounds for supposing that A's appointment as proxy is no longer in force. 2 For the purposes of this paragraph, a person is deemed to have voted if the person— a has applied for a ballot paper for the purpose of voting in person, or b has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post. 3 A person commits a corrupt practice if the person commits the offence of personation in the referendum or aids, abets, counsels or procures the commission of that offence. Other voting offences 2 1 A person (“A”) commits an offence if— a A votes in person or by post in the referendum, whether as a voter or as proxy, or applies to vote by proxy or by post as a voter or as proxy in the referendum knowing that A is subject to a legal incapacity to vote in the referendum, b A applies for the appointment of a proxy to vote for A in the referendum knowing that A or the person to be appointed is subject to a legal incapacity to vote in the referendum, or c A votes, whether in person or by post, as proxy for some other person in the referendum, knowing that the other person is subject to a legal incapacity to vote. 2 For the purposes of sub-paragraph (1), references to a person being subject to a legal incapacity to vote do not, in relation to things done before the date of the referendum, include the person's being below voting age if the person will be of voting age on that date. 3 A person (“A”) commits an offence if— a A votes as a voter more than once in the referendum, b A votes as a voter in person in the referendum when A is entitled to vote by post, c A votes as a voter in person in the referendum knowing that a person appointed to vote as A's proxy in the referendum either has already voted in person in the referendum or is entitled to vote by post in the referendum, or d A applies for a person to be appointed as A's proxy to vote for A in the referendum without applying for the cancellation of a previous appointment of a third person then in force in respect of the referendum or without withdrawing a pending application for such an appointment in respect of the referendum. 4 A person (“A”) commits an offence if— a A votes as proxy for the same voter more than once in the referendum, b A votes in person as proxy for a voter in the referendum when A is entitled to vote by post as proxy in the referendum for that voter, c A votes in person as proxy for a voter in the referendum knowing that the voter has already voted in person or by post in the referendum, or d A votes by post as proxy for a voter in the referendum knowing that the voter has already voted in person or by post in the referendum. 5 A person (“A”) commits an offence if A votes in the referendum as proxy for more than two persons of whom A is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild. 6 A person (“A”) commits an offence if A knowingly induces or procures some other person to do an act which is, or but for that other person's lack of knowledge would be, an offence by that other person under any of sub-paragraphs (1) to (5). 7 For the purposes of this paragraph a person is deemed to have voted if the person— a has applied for a ballot paper for the purpose of voting in person, or b has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post. 8 For the purpose of determining whether an application for a ballot paper constitutes an offence under sub-paragraph (5), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper is, if the person does not exercise that right, to be disregarded. 9 A person does not commit an offence under sub-paragraph (3)(b) or (4)(b) only by reason of the person's having marked a tendered ballot paper in pursuance of rule 24 of the conduct rules. 10 An offence under this paragraph is an illegal practice, but the court before which a person is convicted of any such offence may, if the court thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of paragraph 18. 11 In this paragraph “ legal incapacity to vote ” has the meaning given by section 5. Imitation poll cards 3 1 A person commits an offence if the person, for the purpose of promoting or procuring a particular outcome in the referendum, issues any poll card or document so closely resembling an official poll card as to be calculated to deceive. 2 An offence under sub-paragraph (1) is an illegal practice, but the court before which a person is convicted of any such offence may, if the court thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of paragraph 18. Offences relating to applications for postal and proxy votes 4 1 A person (“A”) commits an offence if A— a engages in an act specified in sub-paragraph (2) in connection with the referendum, and b intends, by doing so— i to deprive another of an opportunity to vote in the referendum, or ii to make for A or another a gain of money or property or a gain of a vote in the referendum to which A or the other is not otherwise entitled. 2 These are the acts— a applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person), b otherwise making a false statement in, or in connection with, an application for a postal or proxy vote or providing false information in, or in connection with, such an application, c inducing the registration officer or counting officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote, d causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient. 3 In sub-paragraph (1)(b)(ii), property includes any description of property. 4 In sub-paragraph (2), a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or proxy postal ballot paper (as the case may be). 5 A person commits a corrupt practice if the person commits an offence under sub-paragraph (1) or aids, abets, counsels or procures the commission of that offence. Breach of official duty 5 1 If a person to whom this paragraph applies without reasonable cause (and whether by act or omission) breaches the person's official duty, the person commits an offence. 2 A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 3 No person to whom this paragraph applies is liable for breach of official duty to any penalty at common law and no action for damages lies in respect of the breach by such a person of the person's official duty. 4 The persons to whom this paragraph applies are— a the Chief Counting Officer, b any proper officer, registration officer, counting officer or presiding officer, and c any deputy of a person mentioned in paragraph (a) or (b) or any other person appointed to assist or, in the course of the other person's employment, assisting a person so mentioned in connection with that person's official duties, and “official duty” for the purpose of this paragraph is to be construed accordingly, but does not include duties imposed otherwise than by this Act. Tampering with ballot papers etc. 6 1 A person (“A”) commits an offence if, in connection with the referendum— a A fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any postal voting statement or official envelope used in connection with voting by post, b A, without due authority, supplies any ballot paper to any person, c A fraudulently puts into any ballot box any paper other than the ballot paper which A is authorised by law to put in, d A fraudulently takes out of the polling station any ballot paper, e A, without due authority, destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the referendum, or f A fraudulently or without due authority (as the case may be) attempts to do any of the acts mentioned in paragraphs (a) to (e). 2 A person commits an offence if, in connection with the referendum, the person forges or counterfeits (or attempts to forge or counterfeit) any ballot paper or the official mark on any ballot paper. 3 If a counting officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers in the referendum commits an offence under this paragraph, the officer or clerk is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both). 4 If any other person commits an offence under this paragraph the person is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or both). Requirement of secrecy 7 1 Every person (other than one mentioned in sub-paragraph (2)) attending at a polling station in the referendum must maintain and aid in maintaining the secrecy of voting in the referendum and must not, except for a purpose authorised by law, communicate to any person before the close of the poll the information described in sub-paragraph (3). 2 Sub-paragraph (1) does not apply to— a a person attending at the polling station for the purpose of voting, b a person under the age of 16 accompanying a voter or a proxy for a voter, c a companion of a voter with disabilities, d a constable on duty at the polling station. 3 The information referred to in sub-paragraph (1) is any information as to— a the name of any voter or proxy for a voter who has or has not applied for a ballot paper or voted at a polling station, b the number on the register of local government electors of any voter who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station, c the official mark being used in accordance with rule 6 of the conduct rules. 4 Every person attending at the counting of the votes in the referendum must maintain and aid in maintaining the secrecy of voting in the referendum and must not— a ascertain or attempt to ascertain at the counting of the votes the unique identifying number on the back of any ballot paper, b communicate any information obtained at the counting of the votes as to the outcome for which any vote is given on any particular ballot paper. 5 A person must not— a interfere with or attempt to interfere with a voter when recording the voter's vote in the referendum, b otherwise obtain or attempt to obtain in a polling station information as to the outcome for which a voter in that station is about to vote or has voted in the referendum, c communicate at any time to any person any information obtained in a polling station in the referendum as to the outcome for which a voter in that station is about to vote or has voted, or as to the unique identifying number on the back of a ballot paper given to a voter at that station, or d directly or indirectly induce a voter to display a ballot paper after the voter has marked it so as to make known to any person any outcome for which the voter has or has not voted in the referendum. 6 In sub-paragraph (5), references to a voter include references to a proxy for a voter. 7 Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post in the referendum must maintain and aid in maintaining the secrecy of voting in the referendum and must not— a except for a purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark, b except for a purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the unique identifying number on the back of any ballot paper sent to any person, c except for a purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the unique identifying number on the back of any ballot paper, or d attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the outcome for which any vote is given in any particular ballot paper or communicate any such information obtained at those proceedings. 8 A companion of a voter with disabilities must not communicate at any time to any person any information as to the outcome for which that voter intends to vote or has voted, or as to the unique identifying number on the back of a ballot paper given for the use of that voter. 9 If a person acts in contravention of this paragraph the person commits an offence. 10 A person who commits an offence under sub-paragraph (9) is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or both). 11 In this paragraph a voter with disabilities is a voter who has made a declaration under rule 23(1) of the conduct rules. Prohibition on publication of exit polls 8 1 No person may publish before the close of the poll— a any statement relating to the way in which voters have voted in the referendum where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or b any forecast as to the result of the referendum which is (or might reasonably be taken to be) based on information so given. 2 If a person acts in contravention of this paragraph the person commits an offence. 3 A person who commits an offence under sub-paragraph (2) is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or both). 4 In this paragraph— “ forecast ” includes estimate, “ publish ” means make available to the public at large, or any section of the public, in whatever form and by whatever means, “ voters ” includes proxies for voters, any reference to the result of the referendum is a reference to the result for the whole of Scotland or the result in one or more local government areas. Payments to voters for exhibition of referendum notices 9 1 No payment or contract for payment may, for the purposes of promoting a particular outcome in the referendum, be made to a voter on account of— a the exhibition of, or b the use of any house, land, building or premises for the exhibition of, any bill, advertisement or notice. 2 Sub-paragraph (1) does not apply if— a it is the ordinary business of the voter to exhibit bills, advertisements or notices for payment, and b the payment or contract is made in the ordinary course of that business. 3 If a payment or contract for payment is knowingly made in contravention of sub-paragraph (1) (whether before, during or after the referendum), each of the following persons commits an offence— a the person who makes the payment or enters into the contract, b the person who receives the payment or is a party to the contract (if the person knows the payment or contract is in contravention of sub-paragraph (1)). 4 An offence under sub-paragraph (3) is an illegal practice. Treating 10 1 A person (“A”) commits the offence of treating in connection with the referendum if A, whether before, during or after the referendum, corruptly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person— a for the purpose of corruptly influencing that person or any other person to vote or refrain from voting in the referendum, or b on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting, in the referendum. 2 Sub-paragraph (1) applies regardless of whether an act is done— a directly or indirectly, b by A or by another person on A's behalf. 3 A voter or proxy who corruptly accepts or takes any such meat, drink, entertainment or provision also commits the offence of treating in connection with the referendum. 4 A person commits a corrupt practice if the person commits the offence of treating in connection with the referendum. Undue influence 11 1 A person (“A”) commits the offence of undue influence in connection with the referendum if— a A makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, personally or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting in the referendum, or on account of that person having voted or refrained from voting in the referendum, or b by abduction, duress or any fraudulent device or contrivance, A impedes or prevents, or intends to impede or prevent, the free exercise of the franchise of a voter or proxy for a voter in the referendum, or so compels, induces or prevails upon, or intends so to compel, induce or prevail upon, a voter or proxy for a voter either to vote or to refrain from voting in the referendum. 2 Sub-paragraph (1)(a) applies regardless of whether an act is done— a directly or indirectly, b by A or by another person on A's behalf. 3 A person commits a corrupt practice if the person commits the offence of undue influence in connection with the referendum. Bribery 12 1 A person commits the offence of bribery in connection with the referendum if the person— a gives any money to or procures any office for— i any voter, ii any other person on behalf of any voter, or iii any other person, in order to induce any voter to vote or refrain from voting in the referendum, b corruptly makes any gift or procurement as mentioned in paragraph (a) on account of any voter having voted or refrained from voting in the referendum, c makes any gift or procurement as mentioned in paragraph (a) to or for any person in order to induce that person to procure, or endeavour to procure, any particular outcome in the referendum, or d upon or in consequence of any such gift or procurement as mentioned in paragraph (a), procures or engages, promises or endeavours to procure any particular outcome in the referendum. 2 A person commits the offence of bribery in connection with the referendum if the person— a advances or pays or causes to be paid any money to or for the use of any other person with the intent that the money or any part of it is to be expended in bribery in connection with the referendum, or b knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or partly expended in bribery in connection with the referendum. 3 A voter commits the offence of bribery in connection with the referendum if, whether before or during the referendum, the voter receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment for the voter or for any other person for— a voting or agreeing to vote in the referendum, or b refraining or agreeing to refrain from voting in the referendum. 4 A person commits the offence of bribery in connection with the referendum if, after the referendum, the person receives any money or valuable consideration on account of any person— a having voted or refrained from voting in the referendum, or b having induced any other person to vote or refrain from voting in the referendum. 5 Sub-paragraphs (1) to (4) apply regardless of whether an act is done— a directly or indirectly, b by the person or by another person on the person's behalf. 6 For the purposes of sub-paragraph (1)— a references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or to endeavour to procure any money or valuable consideration, b references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment. 7 Sub-paragraphs (1) and (2) do not apply to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning the referendum. 8 A person commits a corrupt practice if the person commits the offence of bribery in connection with the referendum. 9 In this paragraph, the expression “ voter ” includes— a a proxy for a voter, and b any other person who has or claims to have a right to vote in the referendum. Disturbances at public meetings 13 1 A person commits an offence if the person, at a lawful public meeting to which this paragraph applies, acts (or incites others to act) in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together. 2 This paragraph applies to a meeting held in connection with the referendum during the referendum period. 3 An offence under this paragraph is an illegal practice. Illegal canvassing by police officers 14 1 A person who is a constable commits an offence if the person by word, message, writing or in any other manner endeavours to persuade any person to give (or dissuade any person from giving) the person's vote in the referendum. 2 A person is not liable under sub-paragraph (1) for anything done in the discharge of the person's duty as a constable. 3 A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Penalties for corrupt practices 15 A person who commits a corrupt practice under any provision of this schedule is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment— i in the case of a corrupt practice under paragraph 1 or 4, to imprisonment for a term not exceeding 2 years or to a fine (or both), ii in any other case, to imprisonment for a term not exceeding 12 months or to a fine (or both). Prosecutions for illegal practices 16 1 A person who commits an illegal practice under any provision of this schedule is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 2 On a prosecution for such an illegal practice it is sufficient to allege that the person charged has committed an illegal practice. Conviction of illegal practice on charge of corrupt practice etc. 17 A person charged with a corrupt practice under any provision of this schedule may, if the circumstances warrant such finding, be convicted of an illegal practice (which offence is for that purpose to be an indictable offence), and a person charged with an illegal practice may be convicted of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice. Incapacity to hold public or judicial office in Scotland 18 1 A person convicted of a corrupt or illegal practice under any provision of this schedule— a is, for the period of 5 years beginning with the date of the person's conviction, incapable of holding any public or judicial office in Scotland (within the meaning of section 185 of the 1983 Act), and b if already holding such an office, vacates it as from that date. 2 Sub-paragraph (1) applies in addition to any punishment imposed on the person under paragraph 15 or 16. Prohibition of paid canvassers 19 If a person is, whether before or during the referendum, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting a particular outcome in the referendum— a the person engaging or employing the canvasser, and b the canvasser, commits the offence of illegal employment. Providing money for illegal purposes 20 If a person knowingly provides money— a for any payment which is contrary to the provisions of this Act, b for any expenses incurred in excess of the maximum amount allowed by this Act, or c for replacing any money expended in any such payment or expenses, the person commits the offence of illegal payment. Prosecutions for illegal employment or illegal payment 21 1 A person who commits an offence of— a illegal employment under paragraph 19, or b illegal payment under paragraph 20, is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 2 On a prosecution for such an illegal employment or illegal payment it is sufficient to allege that the person charged has committed the offence of illegal employment or illegal payment (as the case may be). 3 A person charged with an offence of illegal employment or illegal payment may be convicted of that offence notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice. SCHEDULE 7 Interpretation (introduced by section 40) In this Act— “ the 1983 Act ” means the Representation of the People Act 1983, “ the 2000 Act ” means the Political Parties, Elections and Referendums Act 2000, “ absent vote ” is to be construed in accordance with paragraph 1(8)(a) of schedule 1, “ anonymous entry ”, in relation to a register of local government electors, is to be construed in accordance with section 9B of the 1983 Act, and “ record of anonymous entries ” means the record prepared under regulation 45A of the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497), “ assisted voters list ” has the meaning given in rule 23(8) of the conduct rules, “ ballot paper account ” has the meaning given in rule 28(4) of the conduct rules, “ campaign offence ” means an offence under section 16 or any of schedules 3 to 5, “ campaign organiser ”, in relation to referendum expenses, means the individual or body by whom or on whose behalf the expenses are incurred, “ Chief Counting Officer ” means the person appointed under section 7(1) or (6), “ companion ” has the meaning given in rule 23(1) of the conduct rules, “ companion declaration ” has the meaning given in rule 23(2) of the conduct rules, “ completed corresponding number list ” has the meaning given in rule 28(2)(e) of the conduct rules, “ conduct rules ” means the rules set out in schedule 2, “ corresponding number list ” means the list prepared in accordance with rule 5 of the conduct rules, “ council ” means a council constituted by section 2 of the Local Government etc. (Scotland) Act 1994, “ counting agent ” has the meaning given in rule 14(8) of the conduct rules, “ counting officer ” means a person appointed under section 8(1) or (5), “ cut-off date ” has the meaning given in paragraph 18(1) of schedule 1, “ data form ” means information which is in a form which is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose, “ date of the referendum ” means the date on which the poll at the referendum is to be held, “ designated organisation ” means a permitted participant that has been designated under paragraph 7 of schedule 3, “ education authority ” has the same meaning as in the Education (Scotland) Act 1980, “ list of proxies ” means the list kept under paragraph 4(3) of schedule 1, “ local government area ” is to be construed in accordance with section 1 of the Local Government etc. (Scotland) Act 1994, “ marked copy ” has the meaning given in paragraph 53(10) of schedule 1, “ marked votes list ” has the meaning given in rule 22(2) of the conduct rules, “ members of the Chief Counting Officer's staff ” means staff appointed or provided under section 9(9), “ members of the counting officer's staff ” means staff provided under section 9(10), “ minor party ” has the same meaning as in the 2000 Act, “money” and “pecuniary reward” (except in schedule 3 and paragraph 12 of schedule 6) include— any office, place or employment, any valuable security or other equivalent of money, and any valuable consideration, and expressions referring to money are to be construed accordingly, “ notification of alteration ” has the meaning given in paragraph 3(8) of schedule 3, “ organisation ” includes any body corporate and any combination of persons or other unincorporated association, “ outcome ” means a particular outcome in relation to the referendum question, “ payment ” includes any pecuniary or other reward, “ permissible donor ” is to be construed in accordance with paragraph 1(2) of schedule 3, “ permitted participant ” has the meaning given in paragraph 2 of schedule 3, “ personal identifiers record ” means the record kept by a registration officer under paragraph 11 of schedule 1, “ polling agent ” has the meaning given in rule 14(8) of the conduct rules, “ polling day alterations list ” has the meaning given in rule 26(2) of the conduct rules, “ postal ballot agent ” has the meaning given in paragraph 19(8) of schedule 1, “ postal ballot paper ” has the meaning given in paragraph 44 of schedule 1, “ postal voters list ” means the list kept under paragraph 4(2) of schedule 1, “ postal voting statement ” means the statement referred to in rule 8(1)(b) of the conduct rules, “ presiding officer ” means an officer appointed under rule 10(1)(a) of the conduct rules, “ proper officer ” has the meaning given in section 235(3) of the Local Government (Scotland) Act 1973, “ proxy postal voters list ” means the list kept under paragraph 6(7) of schedule 1, “ qualifying address ”, in relation to a person registered in the register of local government electors, is the address in respect of which that person is entitled to be so registered, “ referendum agent ” has the meaning given in section 19, “ referendum campaign ” means a campaign conducted with a view to promoting or procuring a particular outcome in the referendum, “ referendum campaign broadcast ” means a broadcast the purpose (or main purpose) of which is or may reasonably be assumed to be— to further any referendum campaign, or otherwise to promote or procure any particular outcome in the referendum, “ referendum expenses ” is to be construed in accordance with paragraph 11 of schedule 3, “ referendum period ” means the period of 10 weeks ending with the date of the referendum, “ referendum question ” means the question to be voted on in the referendum, “ register of local government electors ” means the register of local government electors maintained under section 9(1)(b) of the 1983 Act for any area in Scotland, “ registered party ” means a party registered under Part 2 of the 2000 Act other than a Gibraltar party (within the meaning of that Act), “ registration officer ” means a registration officer appointed under section 8(3) of the 1983 Act, “ regulated transaction ” is to be construed in accordance with paragraph 47 of schedule 3, “ relevant citizen of the European Union ” means a citizen of the Union who is not a Commonwealth citizen or a citizen of the Republic of Ireland, “ relevant counting officer ”, in relation to a registration officer, means the counting officer for the local government area for which the registration officer is appointed, “ relevant donation ” has the meaning given in paragraph 30 of schedule 3, “ responsible person ” means, in relation to a permitted participant— if the permitted participant is a registered party— the treasurer of the party, or in the case of a minor party, the person for the time being notified to the Electoral Commission by the party in accordance with paragraph 3(1)(b) of schedule 3, if the permitted participant is an individual, that individual, and otherwise, the person or officer for the time being notified to the Electoral Commission by the permitted participant in accordance with paragraph 3(3)(a)(ii) or 5(a)(ii) of schedule 3, “ SPCB ” means the Scottish Parliamentary Corporate Body, “ spoilt ballot paper ” has the meaning given in rule 25(1) of the conduct rules, “ tendered ballot paper ” means a ballot paper referred to in rule 24(6) of the conduct rules, “ tendered votes list ” has the meaning given in rule 24(8) of the conduct rules, “ treasurer ”, in relation to a registered party, has the same meaning as in the 2000 Act, “ unique identifying number ” means the number on the back of a ballot paper which is unique to that ballot paper and which identifies that ballot paper as a ballot paper to be issued by the counting officer, “ verification statement ” has the meaning given in rule 30(2) of the conduct rules, “voter” (except in the conduct rules) means a person entitled to vote in the referendum in the person's own right (as opposed to a person entitled to vote as proxy for another), “voter” (in the conduct rules) means a person voting in the referendum and includes (except where the context requires otherwise) a person voting as proxy and “vote” (whether as noun or verb) is to be construed accordingly except that any reference to a voter voting or a voter's vote includes a reference to a voter voting by proxy or a voter's vote given by proxy, “ voter number ” means, in relation to a person registered in the register of local government electors, the person's electoral number, “ voting age ” means age 16 or over. Words in s. 24 inserted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12) , ss. 11(6)(a) , 35 ; S.S.I. 2020/278 , reg. 2 , sch. Words in s. 24 inserted (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12) , ss. 11(6)(b) , 35 ; S.S.I. 2020/278 , reg. 2 , sch. Words in s. 3(2) inserted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11) , s. 6(3) , Sch. para. 33(a) Words in s. 3(7) omitted (24.3.2022) by virtue of Dissolution and Calling of Parliament Act 2022 (c. 11) , s. 6(3) , Sch. para. 33(b)
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[uk-legislation-asp][asp] 2024-05-04 UEFA European Championship (Scotland) Act 2020 (repealed)
http://www.legislation.gov.uk/asp/2020/1/2022-12-31
http://www.legislation.gov.uk/asp/2020/1/2022-12-31 UEFA European Championship (Scotland) Act 2020 (repealed) An Act of the Scottish Parliament to make provision in relation to the Union of European Football Associations European Championship that is to be held, in part, in Glasgow in 2020. text text/xml en Statute Law Database 2023-01-30 Expert Participation 2022-12-31 UEFA European Championship (Scotland) Act 2020 (repealed) 2020 asp 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Introductory Meaning of key terms 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ticket touting Ban on ticket touting 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exception for charity auctions 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exception for certain advertisers etc. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision of electronic facilities 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Street trading etc. Ban on outdoor trading within event zones 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trading activities, places and prohibited times 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trading permitted in prescribed circumstances 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing trading licences 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alternative arrangements where existing trading banned during Championship 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidance and information about trading 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advertising Ban on advertising within event zones 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advertising activities, places and prohibited times 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advertising permitted in prescribed circumstances 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing advertising licences 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidance and information about advertising 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement Enforcement officers 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General enforcement powers 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on general enforcement powers 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to enter and search 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of reasonable force 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further restrictions on entering houses 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to obtain information 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to produce evidence of identity and authority 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Test purchases 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation and recovery of costs 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing an enforcement officer 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police powers 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action under sections 18 to 25: procedure 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences Penalties 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Individual culpability where offending by an organisation 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Final provisions Regulation-making powers 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making powers: consultation and relevant considerations 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commencement 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short title 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Act repealed (31.12.2022) by UEFA European Championship (Scotland) Act 2020 (asp 1) , s. 36 (as amended (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10) , s. 16(1) , sch. 4 para. 1(4) (with s. 9 ))
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[uk-legislation-asp][asp] 2024-05-04 Climate Change (Emissions Reduction Targets) (Scotland) Act 2019
http://www.legislation.gov.uk/asp/2019/15/2020-03-23
http://www.legislation.gov.uk/asp/2019/15/2020-03-23 Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 An Act of the Scottish Parliament to amend the Climate Change (Scotland) Act 2009 to make provision setting targets for the reduction of greenhouse gases emissions and to make provision about advice, plans and reports in relation to those targets, with the objective of Scotland contributing appropriately to the world's efforts to deliver on the Paris Agreement reached at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change. text text/xml en Statute Law Database 2020-06-01 Expert Participation 2020-03-23 Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 2019 asp 15 An Act of the Scottish Parliament to amend the Climate Change (Scotland) Act 2009 to make provision setting targets for the reduction of greenhouse gases emissions and to make provision about advice, plans and reports in relation to those targets, with the objective of Scotland contributing appropriately to the world's efforts to deliver on the Paris Agreement reached at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th September 2019 and received Royal Assent on 31st October 2019 PART 1 Emissions reduction targets The net-zero emissions target The net-zero emissions target 1 Before section 1 of the 2009 Act (and the italic cross heading immediately preceding it), insert— The net-zero emissions target The net-zero emissions target A1 1 The Scottish Ministers must ensure that the net Scottish emissions account for the net-zero emissions target year is at least 100% lower than the baseline (the target is known as the “net-zero emissions target”). 2 The “net-zero emissions target year” is 2045. 3 The Scottish Ministers may by regulations modify subsection (2) so as to substitute for the year for the time being mentioned in that subsection— a an earlier year, or b a later year if— i that later year is consistent with the most up-to-date advice they have received from the relevant body, and ii that advice states that the later year is appropriate on the basis of either scientific knowledge about climate change or current international carbon reporting practice (or both). 4 In preparing a draft of regulations to be made under subsection (3), the Scottish Ministers must have regard to— a the target-setting criteria, and b the most up-to-date advice they have received from the relevant body. 5 As soon as reasonably practicable after laying for approval a draft of such regulations, the Scottish Ministers must publish a statement setting out— a their reasons for proposing to modify the net-zero emissions target year, b the extent to which the proposed net-zero emissions target year takes account of the target-setting criteria, and c whether the proposed net-zero emissions target year is consistent with the most up-to-date advice they have received from the relevant body and, if it is not, the reasons why. The 2050 and interim targets The 2050 target 2 Section 1 of the 2009 Act and the italic cross heading immediately preceding it are repealed. The interim targets 3 For section 2 of the 2009 Act, and the italic cross heading immediately preceding it, substitute— The interim targets The interim targets 2 1 The Scottish Ministers must ensure that the net Scottish emissions account for the year— a 2020 is at least 56% lower than the baseline, b 2030 is at least 75% lower than the baseline, and c 2040 is at least 90% lower than the baseline. 2 In this Act, each target set out in subsection (1) is known as an “interim target”. . Modification of the interim targets 4 After section 2 of the 2009 Act, insert— Modification of the interim targets 2A 1 The Scottish Ministers may by regulations modify one or more of the percentage figures applying for the purposes of any of the interim targets, so as to substitute a higher or lower figure for the one for the time being mentioned in section 2(1)(a), (b) or (c). 2 But regulations under subsection (1) may not substitute a lower percentage figure for an interim target if that figure is— a inconsistent with the most up-to-date advice the Scottish Ministers have received from the relevant body, b not, in that advice, stated to be appropriate on the basis of either scientific knowledge about climate change or current international carbon reporting practice (or both), c lower than any percentage figure applying, immediately after the regulations come into force, for an interim target for an earlier year, or d lower than 100% for a year which is the same as, or later than, the net-zero emissions target year. 3 In preparing a draft of regulations to be made under subsection (1), the Scottish Ministers must have regard to— a the target-setting criteria, and b the most up-to-date advice they have received from the relevant body. 4 Subsection (5) applies if— a the Scottish Ministers lay before the Scottish Parliament for approval a draft of regulations under section A1(3) which modify the net-zero emissions target year to a year earlier than 2045, and b any percentage figure applying for the purposes of any interim target for a year which is the same as or later than the proposed net-zero emissions target year, is lower than 100%. 5 The Scottish Ministers must, at the same time as or as soon as reasonably practicable after laying the regulations mentioned in subsection (4)(a), lay before the Scottish Parliament for approval a draft of regulations under subsection (1) which modify to 100% a percentage figure mentioned in subsection (4)(b). 6 As soon as reasonably practicable after laying for approval a draft of regulations to be made under subsection (1), the Scottish Ministers must publish a statement setting out in respect of each proposed modification of a percentage figure by the regulations— a their reasons for proposing to modify the percentage figure, b the extent to which the proposed modification takes account of the target-setting criteria, and c whether the proposed modification is consistent with the most up-to-date advice they have received from the relevant body. . The target-setting criteria The target-setting criteria 5 After section 2A of the 2009 Act (inserted by section 4 of this Act), insert— The target-setting criteria The target-setting criteria 2B 1 In this Act, the “target-setting criteria” are— a the objective of not exceeding the fair and safe Scottish emissions budget, b European and international law and policy relating to climate change (including the United Nations Framework Convention on Climate Change and protocols to that Convention), c scientific knowledge about climate change, d technology relevant to climate change, e economic circumstances, in particular the likely impact of the target on— i the Scottish economy, ii the competitiveness of particular sectors of the Scottish economy, iii small and medium-sized enterprises, iv jobs and employment opportunities, f fiscal circumstances, in particular the likely impact of the target on taxation, public spending and public borrowing, g social circumstances, in particular the likely impact of the target on those living in poorer or deprived communities, h the likely impact of the target on public health, i the likely impact of the target on those living in remote rural communities and island communities, j energy policy, in particular the likely impact of the target on energy supplies, the renewable energy sector and the carbon and energy intensity of the Scottish economy, k environmental considerations and, in particular, the likely impact of the target on biodiversity, l the likely impact of the target on the achievement of sustainable development, including the achievement of the United Nations sustainable development goals, m current international carbon reporting practice. 2 In this Act, the “fair and safe Scottish emissions budget” is the aggregate amount of net Scottish emissions of greenhouse gases for the period 2010 to 2050 as recommended by the relevant body as being consistent with Scotland, in line with the principles set out in article 3 of the United Nations Framework Convention on Climate Change, contributing appropriately to the holding of the increase in global average temperature to well below 2°C above pre-industrial levels, and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels. 3 The Scottish Ministers may by regulations modify subsection (1) and (2) so as to add, remove or vary the description of a target-setting criterion.”. . Advice about targets Duty to seek advice from the relevant body 6 After section 2B of the 2009 Act (inserted by section 5 of this Act), insert— Advice about targets Duty to seek advice from the relevant body 2C 1 The Scottish Ministers must request advice from the relevant body at least once before the expiry of each relevant 5 year period. 2 A “ relevant 5 year period ” means a period of 5 years which begins with— a in the case of the first period, the date on which this section comes into force, and b in the case of a subsequent period, the date on which the previous request for advice was, or is treated as having been, made under subsection (1). 3 A request for advice under subsection (1) must request the relevant body's views as to— a whether the net-zero emissions target is achievable and, if so, what is the earliest achievable net-zero emissions target year (with views on both matters taking account of the target-setting criteria), b whether the percentage figure applying for the purposes of each interim target not yet reported on under section 33 is appropriate by reference to the target-setting criteria (and if not, advice as to any alternative percentage figure that would be appropriate), c whether the fair and safe Scottish emissions budget is appropriate, and request that, if not, the body makes a fresh recommendation for the purpose of the budget, d the estimated contribution of the net-zero emissions target and the interim targets towards global efforts to limit the global average temperature increase to 1.5°C above pre-industrial levels, e the extent to which each relevant target should be met by— i taking action to reduce net Scottish emissions of greenhouse gases, and ii the crediting of carbon units to the net Scottish emissions account in accordance with regulations under section 13(5), f the respective contributions towards meeting each relevant target that should be made by— i the sectors of the Scottish economy which are covered by trading schemes within the meaning of section 44 of the 2008 Act, and ii the other sectors of the Scottish economy, g the respective contributions towards meeting each relevant target that should be made by each of the sectors mentioned in section 35(3), h whether the multiplier to reflect the direct and indirect non-carbon dioxide climate change impacts of emissions at altitude from international aviation which applies for each greenhouse gas by virtue of section 16(3) is appropriate (and if not, advice as to any alternative multiplier that would be appropriate). 4 A “relevant target” is— a an annual target for a year within the period of 15 years beginning with the year immediately following the year in which a request is made under subsection (1), b an interim target for a year within that 15 year period, and c the net-zero emissions target, if the net-zero emissions target year is within that 15 year period. 5 A request for advice under subsection (1) may request the relevant body's views as to any other matter which the Scottish Ministers consider relevant for the purposes of this Part. . Power to seek additional advice 7 After section 2C of the 2009 Act (inserted by section 6 of this Act), insert— Power to seek additional advice 2D 1 The Scottish Ministers may request advice from the relevant body at any time on— a a matter mentioned in section 2C(3), b any other matter which they consider relevant for the purposes of this Part. 2 But any request for advice under subsection (1) on all of the matters mentioned in section 2C(3) is to be treated as having been made under section 2C(1). . Ministerial duties following request for advice 8 After section 2D of the 2009 Act (inserted by section 7 of this Act), insert— Ministerial duties following request for advice 2E 1 The Scottish Ministers must publish any advice received in response to a request under section 2C(1) or 2D(1) as soon as reasonably practicable after they receive it. 2 Subsection (3) applies if— a the relevant body's advice states that a particular year is the earliest achievable year for the net-zero emissions target, and b that year is not already the net-zero emissions target year. 3 The Scottish Ministers must— a within 3 months of receiving that advice publish a statement setting out how they intend to respond to that advice, and b if they do not, within 12 months of receiving that advice, lay for approval a draft of regulations under section A1(3) which modify the net-zero emissions target year to that year, make a statement to the Scottish Parliament setting out the reasons for not doing so. 4 Subsection (5) applies if the relevant body's advice states that a percentage figure for an interim target applying when the request is made is not appropriate and that another figure would be appropriate. 5 The Scottish Ministers must— a within 3 months of receiving that advice publish a statement setting out how they intend to respond to that advice, and b if they do not, within 12 months of receiving that advice, lay for approval a draft of regulations under section 2A(1) to make the advised modification to that percentage figure, make a statement to the Scottish Parliament setting out the reasons for not doing so. 6 Subsection (7) applies if— a the relevant body's advice states that, for a greenhouse gas, the multiplier figure reflecting the direct and indirect non-carbon dioxide climate change impacts of emissions at altitude from international aviation applying when the request is made is not appropriate and that another figure would be appropriate, and b the Scottish Ministers do not, within 12 months of receiving that advice, lay for approval a draft order under section 16(1) amending the multiplier to that figure. 7 The Scottish Ministers must publish a statement setting out the reasons for not laying for approval a draft order under section 16(1) making the advised modification to that multiplier figure. . Citizens assembly Citizens assembly 9 After section 32 of the 2009 Act insert— PART 2A Citizens Assembly Citizens assembly 32A 1 The Scottish Ministers must establish a panel to be known as a “citizens assembly” to exercise the functions mentioned in subsection (5). 2 The citizens assembly is a panel made up of such persons as the Scottish Ministers consider to be representative of the general populace of Scotland. 3 The citizens assembly is to have two conveners who are independent of the Scottish Ministers and the Scottish Parliament. 4 There is to be a gender balance between the conveners. 5 The functions conferred on the citizens assembly are to— a consider how to prevent or minimise, or remedy or mitigate the effects of, climate change, b make recommendations on measures proposed to achieve the emissions reduction targets, c make recommendations about such other matters in relation to climate change as the Scottish Ministers may, in accordance with subsection (6), refer to the assembly. 6 The Scottish Ministers may refer matters to the citizens assembly under subsection (5)(c) only if those matters have been approved by resolution of the Scottish Parliament. 7 The Scottish Ministers must, before the first meeting of the citizens assembly, lay before the Scottish Parliament a report on the arrangements for the administration and operation of the assembly. 8 The citizens assembly is to— a set out its recommendations in a report, b lay the report before the Scottish Parliament, and c send a copy of the report to the Scottish Ministers. 9 The Scottish Ministers must, within 6 months of receiving a copy of the report, publish a statement setting out how they intend to respond to the recommendations made in it. 10 The citizens assembly is to— a lay its report before the Scottish Parliament under subsection (8)(b) by 28 February 2021, b complete its consideration of the matters mentioned in subsection (5)(a) by that date. . Annual targets Annual targets: 2021 to year before net-zero year 10 For section 3 of the 2009 Act, substitute— Annual targets: 2021 to year before net-zero year 3 1 The Scottish Ministers must ensure that the net Scottish emissions account is at least the relevant target figure lower than the baseline for each year in the period— a beginning with 2021 and ending with 2029 (the “2021-2029 period”), b beginning with 2031 and ending with 2039 (the “2031-2039 period”), and c beginning with 2041 and ending with the year which immediately precedes any net-zero emissions target year after 2041 (the “final annual target period”). 2 The relevant target figure for each year in the 2021-2029 period is a percentage figure calculated by— a taking the difference between the percentage figures applying for the purposes of the interim targets for 2020 and 2030, and b apportioning that difference in a way which results in there being an equal percentage point change between the percentage figure for each consecutive year in the period beginning with 2020 and ending with 2030. 3 The relevant target figure for each year in the 2031-2039 period is a percentage figure calculated by— a taking the difference between the percentage figures applying for the purposes of the interim targets for 2030 and 2040, and b apportioning that difference in a way which results in there being an equal percentage point change between the percentage figure for each consecutive year in the period beginning with 2030 and ending with 2040. 4 The relevant target figure for each year in the final annual target period is a percentage figure calculated by— a taking the difference between the percentage figure applying for the purposes of the interim target for 2040 and 100%, and b apportioning that difference in a way which results in there being an equal percentage point change between the percentage figure for each consecutive year in the period beginning with 2040 and ending with the net-zero emissions target year. 5 In calculating or recalculating a relevant percentage figure by virtue of this section or section 3A or 3B, the figure must be rounded to one decimal place, with numbers at the midpoint or greater being rounded up and other numbers being rounded down. 6 In this Act, each target set by virtue of this section (or recalculated in accordance with section 3A or 3B) is known as an “annual target”. Annual targets: recalculation if net-zero emissions target year is in certain periods 3A 1 Subsection (2) applies where regulations made under section A1(3) modify the net-zero emissions target year to a year which is in either— a the 2021-2029 period, or b the 2031-2039 period. 2 The relevant target figure applying by virtue of section 3 for a year which is— a in the same period as the net-zero emissions target year but before the net-zero emissions target year, is modified in accordance with subsection (4), b the same as, or after, the net-zero emissions target year, is modified to become 100%. 3 Where regulations made under section A1(3) modify the net-zero emissions target year to a year which is after 2041, the relevant target figure applying by virtue of section 3 for a year which is before the net-zero emissions target year (as set by those regulations) is modified in accordance with subsection (4). 4 Where this subsection applies to a relevant target figure, that figure is modified to become a percentage figure calculated by— a taking the difference between— i the target figure applying for the interim target which immediately precedes the net-zero emissions target year, and ii 100%, and b apportioning that difference in a way which results in there being an equal percentage point change between the percentage figure for each consecutive year in the period beginning with the year of the interim target which immediately precedes the net-zero emissions target year and ending with the net-zero emissions target year. 5 Any modification under this section does not apply to a year which is the same as, or earlier than, the year in which the regulations under section A1(3) come into force. Annual targets: further rules on recalculation 3B 1 This section applies where the Scottish Ministers make regulations under either of the following— a section A1(3), b section 2A(1) modifying one or more of the percentage figures applying for the purposes of any interim target. 2 An annual target in relation to a year which is subsequent to the year in which the regulations mentioned in subsection (1) come into force is to be recalculated under section 3 and, where applicable, modified under section 3A in accordance with the figures applying immediately after those regulations come into force. 3 But an annual target in relation to a year which is the same as, or earlier than, the year in which the regulations mentioned in subsection (1) come into force is not to be recalculated or modified, except where subsection (4) applies. 4 This subsection applies where, at the same time as or as soon as reasonably practicable after laying for approval a draft of regulations mentioned in subsection (1), the Scottish Ministers publish a statement that the regulations are in response to, and consistent with, the most up-to-date advice they have received from the relevant body advising that targets should be modified for the sole reason of a change in international carbon reporting practice. 5 Where subsection (4) applies, an annual target in respect of a year for which the Scottish Ministers have not yet reported on under section 33 is also to be recalculated in accordance with subsection (2) for the purposes of assessing and reporting in accordance with section 33. . Annual targets: 2018 and 2019 11 1 For the purposes of assessing and reporting in accordance with section 33 of the 2009 Act, each of 2018 and 2019 is to be taken as a target year with a target of the Scottish Ministers ensuring that the net Scottish emissions account— a for 2018, is at least 54.0% lower than the baseline, and b for 2019, is at least 55.0% lower than the baseline. 2 The Scottish Ministers may by regulations subject to the affirmative procedure modify one or more of the percentage figures applying for the purposes of a year mentioned in subsection (1). 3 But a draft of regulations to be laid for approval under subsection (2) may propose the modification of a percentage figure only if— a the Scottish Ministers have, at the same time as or before laying for approval the draft of those regulations, laid before the Scottish Parliament for approval a draft of regulations under section 2A(1) of the 2009 Act proposing to modify the percentage figure applying for the purposes of the interim target for 2020, b the figure proposed to be modified is in respect of a year in relation to which the Scottish Ministers have not yet reported on under section 33 of the 2009 Act, and c the Scottish Ministers have, before laying for approval a draft of the regulations, had regard to the most up-to-date advice they have received from the relevant body about the figure proposed to be modified. Revocation of previous annual targets 12 The following Orders are revoked— a the Climate Change (Annual Targets) (Scotland) Order 2010 (S.S.I. 2010/359), b the Climate Change (Annual Targets) (Scotland) Order 2011 (S.S.I. 2011/353), c the Climate Change (Annual Targets) (Scotland) Order 2016 (S.S.I. 2016/328). Publication of targets Publication of targets 13 After section 3B of the 2009 Act (inserted by section 10 of this Act), insert— Information about targets Publication of targets 3C 1 The Scottish Ministers must keep and maintain a list of the following— a the net-zero emissions target year, b the percentage figure for each interim target, c the percentage figure for each annual target (including any such figure recalculated and, where applicable, modified under this Part), d the percentage figure for each of the years 2018 and 2019, as set out in section 11 of the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019. 2 The Scottish Ministers may remove from the list any entry in respect of a year in relation to which the Scottish Ministers have reported on under section 33. 3 The Scottish Ministers must lay a copy of the list before the Scottish Parliament— a in the case of the first list, as soon as reasonably practicable after it has been compiled, and b in any other case, as soon as reasonably practicable after the net-zero emissions target year or a percentage figure mentioned in subsection (1) has been modified. 4 The Scottish Ministers must publish, in such manner as they consider appropriate, the information contained in the list mentioned in subsection (1). . PART 2 Emissions accounting Net Scottish emissions account: restriction on use of carbon units 14 1 In section 13 of the 2009 Act— a subsections (2) to (4) are repealed, b in subsection (5)— i in paragraph (a), after “may”, insert “ or may not ” , ii in paragraph (b), after “may”, insert “ or may not ” , c after subsection (5), insert— 5A But the amount of carbon units purchased by the Scottish Ministers that may, by virtue of regulations under subsection (5), be credited to the net Scottish emissions account for a period is zero, unless regulations under section 13A specify a higher limit in relation to that period. . 2 In section 96(7) of the 2009 Act, paragraph (a) is repealed. 3 Except to the extent that subsection (4) applies, carbon units which are surrendered as a result of the operation of a trading scheme (within the meaning of section 44 of the 2008 Act) may not be credited to or debited from the net Scottish emissions account for any period after 2017. 4 This subsection applies to the extent that regulations made under section 13(5) of the 2009 Act make provision about the circumstances in which carbon units referred to in subsection (3) may be credited to or debited from the net Scottish emissions account. 5 In this section, “ the 2008 Act ”, “ carbon units ” and “ net Scottish emissions account ” have the same meanings as in the 2009 Act. Permitted use of carbon units purchased by the Scottish Ministers 15 1 After section 13 of the 2009 Act, insert— Permitted use of carbon units purchased by the Scottish Ministers 13A 1 The Scottish Ministers may by regulations set a limit representing the maximum amount of carbon units purchased by them that may be credited to the net Scottish emissions account for a year. 2 A limit set in regulations under subsection (1) for a target year must not exceed an amount which represents 20% of the planned reduction in the net Scottish emissions account for that year. 3 The planned reduction in the net Scottish emissions account for a target year is the difference between the following amounts, both being calculated immediately before the regulations under subsection (1) are made— a the minimum amount by which the emissions reduction target for the target year requires the net Scottish emissions account to be lower than the baseline, and b the minimum amount by which the emissions reduction target for the immediately preceding year requires the net Scottish emissions account to be lower than the baseline. 4 Regulations under subsection (1) may set a limit only for a year— a in respect of which the Scottish Ministers have not yet reported on under section 33, and b which ends no more than 10 years after the year in which the regulations come into force. . 2 In section 96(7) of the 2009 Act, after paragraph (a) insert— aa regulations under section 13A(1) that do not propose an increase to any limit on the maximum amount of carbon units that may be credited to the net Scottish emissions account for a year, . 3 In section 97 of the 2009 Act— a in subsection (1)— i the words from “the first” to the end become paragraph (a), ii after that paragraph insert ; or b regulations under section 13A(1) that propose an increase to any limit on the maximum amount of carbon units that may be credited to the net Scottish emissions account for a year. , b in subsection (2)— i the word “and” after paragraph (a) is repealed, ii after paragraph (b) insert ; and c in the case of regulations mentioned in subsection (1)(b), a statement setting out whether the proposed limit is consistent with the most up-to-date advice they have received from the relevant body. , c in subsection (7), after paragraph (b) insert ; and c in the case of regulations mentioned in subsection (1)(b), whether the proposed limit is consistent with the most up-to-date advice they have received from the relevant body. . 4 The following Orders are revoked— a the Climate Change (Limit on Carbon Units) (Scotland) Order 2010 (S.S.I. 2010/217), b the Climate Change (Limit on Carbon Units) (Scotland) Order 2011 (S.S.I. 2011/440), c the Climate Change (Limit on Use of Carbon Units) (Scotland) Order 2016 (S.S.I. 2016/330). International carbon reporting practice 16 1 In section 17 of the 2009 Act, for subsection (3) substitute— 3 The amount of Scottish emissions and Scottish removals of a greenhouse gas for a period must be determined, in so far as reasonably practicable, consistently with current international carbon reporting practice or, for the purposes of assessing and reporting in accordance with section 33, target-relevant international carbon reporting practice. . 2 In section 18 of the 2009 Act, for subsection (2) substitute— 2 A “ tonne of carbon dioxide equivalent ” means one metric tonne of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential (determined, in so far as reasonably practicable, consistently with current international carbon reporting practice or, for the purposes of assessing and reporting in accordance with section 33, target-relevant international carbon reporting practice). . 3 In section 19 of the 2009 Act— a the existing words become subsection (1), b after that subsection, insert— 2 The following definitions also apply for the purposes of this Act— “ current international carbon reporting practice ” means the most up-to-date international carbon reporting practice, “ target-relevant international carbon reporting practice ” means a practice which produces results which are consistent with those which would have been produced by using the international carbon reporting practice which was current at the later of— 30 June 2018, or the date on which Scottish Ministers last received advice from the relevant body following a request under section 2C. . Nitrogen balance sheet 17 After section 8 of the 2009 Act, insert— Nitrogen balance sheet Nitrogen balance sheet 8A 1 The Scottish Ministers must, no later than 18 months after this section comes into force, create a balance sheet to quantify all major nitrogen flows across all sectors and media in Scotland, including its coastal waters, the atmosphere and soil and flows across these boundaries, to be known as a “nitrogen balance sheet” for the purpose mentioned in subsection (2). 2 The purpose of the nitrogen balance sheet is to record how nitrogen use efficiency contributes to achieving the targets in this Act. 3 The Scottish Ministers must by regulations make provision for— a a baseline figure for nitrogen use efficiency, b how nitrogen use efficiency is to be calculated, c the timescale in which the nitrogen balance sheet is to be reviewed, d monitoring and reporting upon the nitrogen balance sheet, e such other matters as they consider appropriate. 4 The Scottish Ministers must, before laying draft regulations under subsection (3) before the Scottish Parliament, consult such persons as they consider appropriate. 5 In this Act “ nitrogen use efficiency ” means the ratio of nitrogen removed from the environment compared to total nitrogen inputs. 6 For the purposes of assessing the ratio mentioned in subsection (5), account should be taken of sources of nitrogen pollution, including— a food production and waste, b energy, and c transport. . PART 3 Reporting and planning duties Reporting duties Reports on emissions reduction targets 18 For section 33 of the 2009 Act, substitute— Reporting Reports on emissions reduction targets 33 1 The Scottish Ministers must, following each target year, lay before the Scottish Parliament a report in respect of that target year. 2 The report must state— a the emissions reduction target for the target year, b whether the emissions reduction target for the target year has been met, c the percentage by which the net Scottish emissions account for the target year is lower than the baseline, d the amount by which the net Scottish emissions account for the target year is lower or higher than the emissions reduction target for that year, and e the cumulative amount by which the net Scottish emissions accounts are lower or higher than the corresponding emissions reduction targets, calculated by adding each amount by which an account is lower or higher than the corresponding target for each year in the period beginning with 2018 and ending with the target year. 3 The Scottish Ministers must— a use target-relevant international carbon reporting practice for the purposes of assessing and reporting on the matters mentioned in subsection (2) and, in doing so, determine each figure and amount in a manner as would be consistent with the most up-to-date advice provided by the relevant body on the methods to be used for that purpose, and b specify in the report the methods used to determine each figure and amount in accordance with paragraph (a). 4 The report under this section must be laid before the Parliament as soon as reasonably practicable after the information to be contained in the report becomes available. . Reports on emissions reduction targets: further content 19 For section 34 of the 2009 Act, substitute— Reports on emissions reduction targets: further content 34 1 A report under section 33 must, in addition to the matters required under that section, state— a in relation to net Scottish emissions of greenhouse gases— i the baseline, ii the aggregate amount of net Scottish emissions of greenhouse gases for the year covered by the report, iii the percentage by which the aggregate amount of net Scottish emissions of greenhouse gases for the year covered by the report is lower than the baseline, iv the percentage by which the aggregate amount of net Scottish emissions of greenhouse gases for the year covered by the report is lower or higher than the equivalent amount for the immediately preceding year, and v the methods used to determine the aggregate amount of net Scottish emissions of greenhouse gases, together with details of any changes to those methods, b in relation to the net Scottish emissions account— i its amount for the year covered by the report, ii the percentage by which the account for the year covered by the report is lower than the baseline, iii the percentage by which the account for the year covered by the report is lower or higher than the equivalent account for the immediately preceding year, and iv the percentage of any reduction in the account for the year covered by the report, relative to the equivalent account for the immediately preceding year, which is accounted for by reductions in net Scottish emissions of greenhouse gases, c the total amount of carbon units that were— i credited to or debited from the net Scottish emissions account for the year covered by the report, ii purchased by the Scottish Ministers in the year covered by the report, and iii held by the Scottish Ministers immediately after the end of the year covered by the report and which remained available to offset greenhouse gas emissions for other target years, d for each target year preceding the year covered by the report— i the aggregate amount of net Scottish emissions of greenhouse gases, and ii the amount of the net Scottish emissions account, and e the fair and safe Scottish emissions budget, and the aggregate amount of net Scottish emissions of greenhouse gases for the period from 2010 to the end of the year covered by the report. 2 The Scottish Ministers must use current international carbon reporting practice for the purposes of assessing and reporting on the matters mentioned in subsection (1). 3 If the methods used to determine net Scottish emissions of greenhouse gases change and that change is such as to require adjustment of an amount for an earlier target year, the report must— a specify the adjustment required and state the adjusted amount, and b explain why the adjustment is required. 4 An adjustment under subsection (3) must, in so far as reasonably practicable, be made in accordance with current international carbon reporting practice. 5 The report may contain such other information as the Scottish Ministers consider appropriate. . Report on proposals and policies where emissions reduction targets not met 20 1 Section 36 of the 2009 Act is amended as follows. 2 For subsection (1), substitute— 1 This section applies if the Scottish Ministers lay a report under section 33 which states that an emissions reduction target has not been met. . 3 In subsection (2), for “subsection (1)(a)” substitute “ subsection (1) ” . Reports on emissions attributable to Scottish consumption of goods and services 21 In section 37 of the 2009 Act— a in subsection (2)— i the words from “the emissions” to the end become paragraph (a), ii after that paragraph, insert— b the goods and services the consumption and use of which contributed most significantly to those emissions. , b after subsection (3) insert— 4 Each report under subsection (1) must be laid before the Scottish Parliament within the period of 15 months beginning on the date on which the previous report under that subsection was so laid. . Reports on land use strategy 22 After section 37 of the 2009 Act, insert— Reports on land use strategy 37A 1 The Scottish Ministers must lay before the Scottish Parliament a report on— a the assessment of progress towards implementing the objectives, proposals and policies of the land use strategy under section 57, and b how these objectives, proposals and policies will contribute towards achieving the targets in the Act. 2 The Scottish Ministers must— a publish each report prepared under subsection (1), and b lay a copy of it before the Scottish Parliament, as soon as reasonably practicable after the end of each financial year. 3 The report may also contain such other information as the Scottish Ministers consider appropriate. . Provision of further information to the Scottish Parliament 23 1 Section 42 of the 2009 Act is amended as follows. 2 After subsection (1) insert— 1A If the emissions reduction target for the target year covered by the report has not been met, the statement made under subsection (1)(b) must explain why. . 3 In subsection (2)— a in paragraph (a), for “annual target” substitute “ emissions reduction targets ” , b paragraph (c) and (d) are repealed. 4 In subsection (3), for “report referred to in subsection (2)(a)” substitute “ report on emissions reduction targets under section 33 ” . Climate change plan Climate change plan 24 1 For section 35 of the 2009 Act, substitute— Climate change plan Climate change plan 35 1 The Scottish Ministers must lay a climate change plan before the Scottish Parliament— a in the case of the first plan, before the end of the period of 5 years beginning with the day on which this section comes into force, b in the case of each subsequent plan, before the end of the period of 5 years beginning with the day on which the previous plan was laid. 2 The plan must, in particular, set out— a the Scottish Ministers' proposals and policies for meeting the emissions reduction targets during the plan period, b those proposals and policies in chapters on— i each of the sectors mentioned in subsection (3), and ii such other sectors or topics as the Scottish Ministers consider appropriate for the plan, and c the timescales over which those proposals and policies are expected to take effect. 3 The sectors referred to in subsection (2)(b)(i) are— a energy supply, b transport (including international aviation and shipping), c business and industrial process, d residential and public (in relation to buildings in those sectors), e waste management, f land use, land use change and forestry, g agriculture. 4 In subsection (2), the “ plan period ” means the period of— a 15 years beginning with the year after the year in which the draft plan is laid before the Parliament, or b such other period of between 10 and 20 years beginning with that year as the Scottish Ministers may specify in the plan in order that the period ends in the same year as an interim target or the net-zero emissions target year. 5 The plan must also set out the Scottish Ministers' proposals and policies regarding the respective contributions towards meeting the emissions reduction targets that should be made by each of the sectors mentioned in subsection (3). 6 Without prejudice to the generality of subsection (5), the plan must in particular set out the Scottish Ministers' proposals and policies for— a the establishment of any regional land use partnerships (subject to such partnerships having not already been established), and b the support to and resourcing of any regional land use partnerships to develop frameworks. 7 For the purposes of this section— “regional land use partnership” is a partnership established in a strategy under section 57, “frameworks” are frameworks created by a regional land use partnership. 8 The plan must also set out the Scottish Ministers' proposals and policies regarding the exploitation of fossil fuels including onshore unconventional oil and gas reserves. 9 The plan must also set out the Scottish Ministers' proposals and policies regarding the development of district heating for new developments, where feasible. 10 The plan must also set out the Scottish Ministers' proposals and policies regarding the public procurement of electric vehicles. 11 The plan must also set out the Scottish Ministers' proposals and policies for improved access to electric vehicle charging stations for those living in tenements within the meaning of section 26 of the Tenements (Scotland) Act 2004. 12 The plan must also set out the Scottish Ministers' proposals and policies regarding public procurement of ultra-low emission vehicles. 13 The plan must also set out the Scottish Ministers' proposals and policies regarding— a the establishment of a whole farm approach to emissions accounting on Scottish farms, b the reduction of Scottish whole farm greenhouse gas emissions through the use of— i research, ii knowledge transfer and advice, iii land management accreditation, including organic farming, iv nutrient resource budgeting, v circular economy initiatives, vi energy generation and efficiency, vii any land use strategy prepared under section 57, viii agroecology, ix carbon sequestration, x agroforestry. 14 For the purposes of subsection (13)— “ agroecology ” means a whole farm approach to land and resource management which integrates the production of food with restoration and maintenance of the natural environment and other social benefits, taking into account the wider impact of the farm's activities, “whole farm” has the same combined meaning as “agriculture”, “agricultural land” and “agricultural unit” as in section 86 of the Agriculture (Scotland) Act 1948. 15 The plan must also set out the Scottish Ministers' proposals and policies regarding the consideration of the potential for the capture and long-term storage of carbon when designating marine protected areas under section 67 of the Marine (Scotland) Act 2010. 16 The plan must also set out the Scottish Ministers' proposals and policies regarding the establishment of a fund, to be known as an Agricultural Modernisation Fund, to support investment in mitigation measures to reduce greenhouse gas emissions on Scottish farms. 17 Without prejudice to the generality of subsection (2), the plan must set out what (if any) measures the Scottish Ministers propose to take during the plan period to ensure that emissions from housing are reduced such that the majority of housing in Scotland achieves an energy performance certificate rating of “C” or above, where practical. 18 The plan must also set out the Scottish Ministers' proposals and policies for taking, or supporting, action to reduce emissions of greenhouse gases (whether in Scotland or elsewhere) which are produced by or otherwise associated with the consumption and use of goods and services in Scotland. 19 The plan must also set out the Scottish Ministers' proposals and policies for supporting, including by the sharing of expertise and technology, action in developing countries to reduce emissions of greenhouse gases and adapt to the effects of climate change. 20 The plan must also, with reference to the just transition principles (see section 35C)— a explain how the proposals and policies set out in the plan are expected to affect different sectors of the Scottish economy and different regions in Scotland, including how they are expected to affect employment in those sectors and regions, and b set out the Scottish Ministers' proposals and policies for supporting the workforce, employers and communities in those sectors and regions. 21 The plan must also set out an estimate of the costs and benefits associated with the policies set out in the plan. 22 In preparing a plan under subsection (1), the Scottish Ministers must have regard to— a the just transition principles (see section 35C), and b the climate justice principle. 23 In subsection (22)(b), the “climate justice principle” is the importance of taking action to reduce global emissions of greenhouse gases and to adapt to the effects of climate change in ways which— a support the people who are most affected by climate change but who have done the least to cause it and are the least equipped to adapt to its effects, and b help to address inequality. 24 Each plan under this section must explain— a the extent to which it takes account of the just transition principles, b how the implementation of the plan is expected to contribute to the achievement of sustainable development, including the achievement of the United Nations sustainable development goals. 25 Each plan under this section— a must contain an assessment of the progress towards implementing proposals and policies set out in the immediately preceding plan, and b may make such adjustments to those proposals and policies as the Scottish Ministers consider appropriate. 26 For the purposes of subsection (25), the “ immediately preceding plan ” includes the most recent report on proposals and policies for meeting annual targets which was laid by the Scottish Ministers under section 35 of this Act before the date on which section 24 of the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 came into force. 27 The Scottish Ministers may by regulations modify subsection (3). 28 Any modification made in regulations under subsection (27) must be consistent with international carbon reporting practice. Climate change plan: further procedure 35A 1 The Scottish Ministers must, before laying a climate change plan under section 35 before the Scottish Parliament— a lay a draft of the plan before the Parliament for a period of 120 days, of which no fewer than 60 must be days on which the Parliament is not dissolved or in recess, and b have regard to— i any representations on the draft plan made to them, ii any views on the draft plan set out by the relevant body in a report under section 9(1)(d), iii any resolution relating to the draft plan passed by the Parliament, and iv any report relating to the draft plan published by any committee of the Parliament for the time being appointed by virtue of standing orders. 2 The Scottish Ministers must, when laying a climate change plan under section 35 before the Parliament, lay a statement setting out— a details of any representations, views, resolutions or reports mentioned in subsection (1)(b), b the changes (if any) they have made to the plan in response to such representations, views, resolutions or reports and the reasons for those changes. Climate change plan: annual progress reports 35B 1 The Scottish Ministers must in each relevant year, lay before the Scottish Parliament a report on each substantive chapter of the most recent climate change plan laid under section 35. 2 Each report laid under subsection (1) must contain an assessment of progress towards implementing the proposals and policies set out in that chapter, including proposals and policies for supporting the workforce, employers and communities. 3 A report under subsection (1) must be laid by 31 May in each relevant year or, if the Scottish Ministers consider that is not possible because the information needed for the report is not available, as soon as reasonably practicable after that date. 4 In this section— a “ relevant year ” means— i 2021, and ii each subsequent year, other than any year in which a climate change plan is laid before the Scottish Parliament under section 35(1), and b “ substantive chapter ” means a chapter of the climate change plan which is included in the plan by virtue of section 35(2)(b) and which contains distinct proposals and policies for meeting the emissions reduction targets during the plan period. 5 Until such time as the first climate change plan is laid under section 35, subsection (1) is to be read as if it— a applied in relation to the most recent report on proposals and policies for meeting annual targets which was laid by the Scottish Ministers under section 35 of this Act before the date on which section 24 of the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 came into force, and b required a report on each chapter of that most recent report which contains distinct proposals and policies for meeting the targets to which the report relates during the period covered by the report. Just transition principles 35C 1 In this Act, the “just transition principles” are the importance of taking action to reduce net Scottish emissions of greenhouse gases in a way which— a supports environmentally and socially sustainable jobs, b supports low-carbon investment and infrastructure, c develops and maintains social consensus through engagement with workers, trade unions, communities, non-governmental organisations, representatives of the interests of business and industry and such other persons as the Scottish Ministers consider appropriate, d creates decent, fair and high-value work in a way which does not negatively affect the current workforce and overall economy, e contributes to resource efficient and sustainable economic approaches which help to address inequality and poverty. 2 The Scottish Ministers may by regulations modify subsection (1). . 2 In section 9(1) of the 2009 Act, after paragraph (c) insert— d any draft climate change plan laid before the Scottish Parliament under section 35A(1)(a) within the period of 12 months immediately preceding the making of the request. . PART 4 Other duties Programmes for adaptation to climate change 25 In section 53 of the 2009 Act, after subsection (2) insert— 2A In setting out their objectives under subsection (2)(a)(i), the Scottish Ministers must include an objective in relation to Scotland's contribution to international climate change adaptation in line with international best practice. . Sustainable development 26 In section 92(1) of the 2009 Act, after “development” insert “ , including the achievement of the United Nations sustainable development goals ” . Impact of infrastructure investment on emissions 27 After section 94 of the 2009 Act insert— Impact of infrastructure investment on emissions 94A 1 Subsection (2) applies where the Scottish Ministers publish an infrastructure investment plan. 2 They must also publish an assessment of the extent to which investment in accordance with the plan is expected to contribute to the meeting of the emissions reduction targets. 3 The assessment— a may be set out— i in the plan, or ii in a separate document, b if set out in a separate document, must be published at the same time as, or as soon as reasonably practicable after, the plan is published. 4 In subsection (1), “ infrastructure investment plan ” means a plan prepared by the Scottish Ministers setting out their priorities for investing in, and strategy for the development of, public infrastructure. . PART 5 Minor and consequential modifications Meaning of certain terms 28 1 Section 98 of the 2009 Act is amended as follows. 2 For the definition of “annual target”, substitute— “ annual target ” has the meaning given by section 3(6), . 3 After the definition of “Committee” insert— “ current international carbon reporting practice ” has the meaning given by section 19(2), . 4 After the definition of “emissions” insert— “ emissions reduction target ” means— a an annual target, b an interim target, or c the net-zero emissions target, . 5 After the definition of “energy efficiency” insert— “ fair and safe Scottish emissions budget ” has the meaning given by section 2B(2), . 6 In the definition of “international carbon reporting practice”, for “19” substitute “ 19(1) ” . 7 After that definition insert— “ just transition principles ” has the meaning given by section 35C(1), 8 After the definition of “net Scottish emissions account” insert— “ net-zero emissions target ” has the meaning given by section A1(1), “ net-zero emissions target year ” has the meaning given by section A1(2), . 9 For the definition of “target year” substitute— “ target year ” means a year for which an emissions reduction target has been set, . 10 After that definition insert— “ target-relevant international carbon reporting practice ” has the meaning given by section 19(2), . 11 After the definition of “UK Committee on Climate Change” insert— “ United Nations sustainable development goals ” means the goals set out in “Transforming our world: the 2030 Agenda for sustainable development” adopted by the General Assembly of the United Nations by resolution A/Res/70/1 of 25 September 2015, . Further consequentials: the 2009 Act 29 The schedule contains further modifications of the 2009 Act. PART 6 Final provisions Definition and ancillary provision Meaning of the 2009 Act 30 In this Act, “ the 2009 Act ” means the Climate Change (Scotland) Act 2009. Ancillary provision 31 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision that they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under subsection (1)— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, b otherwise, are subject to the negative procedure. Commencement and short title Commencement 32 1 This section and sections 30, 31 and 33 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 33 The short title of this Act is the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019. SCHEDULE Modifications of the 2009 Act (introduced by section 29) 1 The 2009 Act is amended as follows. 2 Sections 4 to 8 are repealed. 3 In section 9— a in subsection (1)— i the words “, beginning with the year 2011,” are repealed, ii in paragraph (a), after “of”, insert “ future emissions reduction targets, ” , iii in paragraph (a), sub-paragraphs (i) to (iii) are repealed, iv in paragraph (b), for “annual targets, the interim target or the 2050 target” substitute “ future emissions reduction targets ” , v in paragraph (c), for “annual targets, the interim target or the 2050 target” substitute “ the future emissions reduction targets ” , b in subsection (2)— i for “a year for which an annual target has been set (a “target year”)”, substitute “ each target year ” , ii in paragraph (a), for “annual” substitute “ emissions reduction ” , iii paragraph (b) is repealed, iv in paragraph (d), after “emissions” insert “ of greenhouse gases ” . 4 Sections 14, 21, 22 and 23 are repealed. 5 After section 20, insert— The relevant body 20A 1 In this Part, the “ relevant body ” means— a where no order has been made under section 24(1) designating a person or body as the advisory body, the UK Committee on Climate Change, or b where such an order has been made, the advisory body. 2 In subsection (1)(a), the “ UK Committee on Climate Change ” means the Committee on Climate Change established under section 32 of the 2008 Act. . 6 In section 24(3)— a in paragraph (a), for “5, 7” substitute “ 2C, 2D ” , b in paragraph (b), for “27” substitute “ 30 ” . 7 In section 26— a in subsection (1), for “27” substitute “ 30 ” , b in subsection (2), paragraph (a) is repealed. 8 The title of section 26 becomes “ Application of sections 30 to 32 and 56 ” . 9 Sections 27 to 29 are repealed. 10 Before section 37, insert the following italic cross heading— “ Other reporting provisions ” . 11 Sections 38 to 41 are repealed. 12 The Part title of Part 3 of the 2009 Act becomes “ Reporting and planning duties ” . 13 In section 96(6)(a), for “19(b)” substitute “ 19(1)(b) ” . 14 In section 98— a the definition of “domestic effort target” is repealed, b the definition of “the 2050 target” is repealed, c in the definition of— i “net Scottish emissions”, for “has the meaning given by” substitute “ is to be construed in accordance with ” , ii “relevant body”, for “5(7)” substitute “ 20A(1) ” , iii “target-setting criteria”, for “4(4)(b) to (j)” substitute “ 2B(1) ” , iv “UK Committee on Climate Change”, for “5(8)” substitute “ 20A(2) ” . 15 In section 100— a in subsection (2), for “27” substitute “ 30 ” , b in subsection (3), for “27” substitute “ 30 ” . S. 1 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 2 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 3 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 4 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 5 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 6 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 7 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 8 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 9 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 10 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 11 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 12 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 13 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 14 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 15 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 16 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 17 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 18 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 19 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 20 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 21 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 22 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 23 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 24 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 25 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 26 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 27 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 28 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 S. 29 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 1 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 2 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 3 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 4 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 5 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 6 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 7 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 8 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 9 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 10 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 11 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 12 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 13 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 14 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2 Sch. para. 15 in force at 23.3.2020 by S.S.I. 2020/66 , reg. 2
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[uk-legislation-asp][asp] 2024-05-04 Census (Amendment) (Scotland) Act 2019
http://www.legislation.gov.uk/asp/2019/12/2019-09-18
http://www.legislation.gov.uk/asp/2019/12/2019-09-18 Census (Amendment) (Scotland) Act 2019 An Act of the Scottish Parliament to amend the Census Act 1920 to enable particulars about transgender status and history and sexual orientation to be gathered voluntarily. text text/xml en Statute Law Database 2019-09-02 2019-09-18 Census (Amendment) (Scotland) Act 2019 2019 asp 12 An Act of the Scottish Parliament to amend the Census Act 1920 to enable particulars about transgender status and history and sexual orientation to be gathered voluntarily. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 12th June 2019 and received Royal Assent on 18th July 2019 Particulars about transgender status and history and sexual orientation may be gathered in census 1 1 The Census Act 1920 is amended as follows. 2 In the schedule (matters in respect of which particulars may be required) after paragraph 5A insert— 5B Transgender status and history. 5C Sexual orientation. . 3 In section 8 (penalties), for subsection (1A) substitute— 1A But no person shall be liable to a penalty under subsection (1) for refusing or neglecting to state— a any particulars in respect of— i religion, or ii sexual orientation, or b such particulars, with respect to transgender status and history, as are prescribed for the purposes of this subsection in an Order in Council under section 1 or 6 of this Act. . Commencement 2 1 This section and section 3 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force at the end of the period of 2 months beginning with the day of Royal Assent. Short title 3 The short title of this Act is the Census (Amendment) (Scotland) Act 2019.
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[uk-legislation-asp][asp] 2024-05-04 Human Tissue (Authorisation) (Scotland) Act 2019
http://www.legislation.gov.uk/asp/2019/11/2021-03-26
http://www.legislation.gov.uk/asp/2019/11/2021-03-26 Human Tissue (Authorisation) (Scotland) Act 2019 An Act of the Scottish Parliament to make provision about authorisation of the removal and use of part of the body of a deceased person for transplantation and other purposes; and for connected purposes. text text/xml en Statute Law Database 2021-06-14 Expert Participation 2021-03-26 Human Tissue (Authorisation) (Scotland) Act 2019 2019 asp 11 An Act of the Scottish Parliament to make provision about authorisation of the removal and use of part of the body of a deceased person for transplantation and other purposes; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 11th June 2019 and received Royal Assent on 18th July 2019 Part 1 Overview of Act Overview of Act 1 This Act is arranged as follows— Part 2 amends the Human Tissue (Scotland) Act 2006 (“ the 2006 Act ”) to make provision about duties of the Scottish Ministers in relation to transplantation and pre-death procedures and in relation to the register, Part 3 amends the 2006 Act to make provision about the authorisation of removal and use of part of the body of a deceased person, Part 4 contains general and final provisions. Part 2 Duties of the Scottish Ministers Information and awareness about authorisation of transplantation and about pre-death procedures 2 1 In section 1 of the 2006 Act, at the end of paragraph (c), insert ; d promote information and awareness about how transplantation may be authorised (including, in particular, how authorisation of transplantation may be deemed to be given); e promote information and awareness about the nature of pre-death procedures, when they may be carried out and how they may be authorised . 2 The text of section 1 so amended becomes subsection (1). 3 After subsection (1) so formed, insert— 2 The duty under subsection (1)(d) must be carried out at least once in every calendar year. 3 The Scottish Ministers must, in carrying out the duty under subsection (1)(d), have regard to the need to— a provide information to the public about— i how authorisation of transplantation may be deemed to be given, ii how to give an express authorisation or make an opt-out declaration, b provide information in health care settings about— i how authorisation of transplantation may be deemed to be given, ii how to give an express authorisation or make an opt-out declaration. 4 In subsection (3)(b), “ health care settings ” means any place where a service is provided for or in connection with the prevention, detection or treatment of illness, other than an independent health care service (within the meaning of section 10F of the National Health Service (Scotland) Act 1978). . Establishment and maintenance of register 3 1 The 2006 Act is amended as follows. 2 After section 2 insert— Establishment and maintenance of register Establishment and maintenance of register 2A 1 The Scottish Ministers must make arrangements for the establishment and maintenance of a register (referred to in this Part as “ the Register ”) for the purposes of facilitating— a the carrying out of their duty under section 1(a), b the removal and use of part of the body of a deceased person for transplantation that is authorised by virtue of section 6, 6D, 6E, 6F, 6G, 8, 8D, 10 or, as the case may be, 10A. 2 The Register must include information relating to— a persons who authorise the removal and use of a part of the person's body after the person's death for transplantation, b persons who do not authorise the removal and use of a part of the person's body after the person's death for transplantation. 3 The Register is not to be open to public inspection or search. 4 Information may be kept in the Register in any form the Scottish Ministers consider appropriate. Delegation of function of establishing and maintaining Register 2B 1 Arrangements made by the Scottish Ministers under section 2A(1) may in particular authorise a person to establish and maintain the Register. 2 In this Part, “ register organisation ” means— a the Scottish Ministers, or b where a person is authorised as mentioned in subsection (1), that person. 3 The Scottish Ministers must publish information about arrangements under section 2A(1) so far as they authorise a person as mentioned in subsection (1). Disclosure of information 2C 1 The register organisation may disclose information about a person from the Register to— a a person listed in subsection (3) for the purpose of enabling or assisting a person listed in subsection (3) to carry out functions under this Part that relate to the removal and use of a part of the body for transplantation, b a person operating outwith Scotland for the purpose of enabling or assisting that person to carry out functions that relate to the removal and use of a part of the body for transplantation. 2 The power to disclose information about a person from the Register conferred by subsection (1) includes the power to disclose that there is no information kept in the Register about the person. 3 The persons are— a a registered medical practitioner, b a person (or person within a description) authorised under section 11(1)(b), c a health worker who is acting in accordance with section 16H or 16I. 4 A person who receives information under subsection (1)(a) may, for the purpose of enabling or assisting a person listed in subsection (3) to carry out functions under this Part that relate to the removal and use of a part of the body for transplantation, disclose that information to a person listed in subsection (3) or (5). 5 The persons are— a in relation to a person who at the relevant time is an adult— i the adult's nearest relative, ii any other person who is consulted under section 16H(2)(d) in relation to the adult, b in relation to a person who at the relevant time is a child— i a person who has parental rights and parental responsibilities in relation to the child, ii a person mentioned in section 10A(4), iii any other person who is consulted under section 16I(2)(b) in relation to the child. Power to make provision about Register 2D 1 The Scottish Ministers may by regulations make provision in relation to the Register. 2 Regulations under subsection (1) may, in particular— a modify section 2A(1) to add the purpose of facilitating the removal and use of part of the body of a deceased person for a purpose referred to in paragraphs (b) to (d) of section 3(1), b modify the list in section 2A(2), c modify the list in section 2C(3) to— i add a person (or description of person), ii remove, or vary the description of, a person (or description of person), d modify the purposes for which information may be disclosed under section 2C. . 3 In section 59(3) (regulations subject to affirmative procedure), after paragraph (a) insert— aa regulations under section 2D(1); . Part 3 Authorisation of removal and use of part of body of deceased person Chapter 1 Timing of authorisation Timing of authorisation 4 1 The 2006 Act is amended as follows. 2 In section 7— a in subsection (1), for “immediately before an adult's death no authorisation by the” substitute “ at the relevant time no authorisation by an ” , b in subsections (2) and (3), for “immediately before an adult's death authorisation by the” substitute “ at the relevant time authorisation by an ” , c in subsections (1), (2) and (3), the word “deceased” is repealed. 3 In section 9— a before subsection (1), insert— A1 Subsections (1) to (3) apply in relation to a child who is 12 years of age or over at the relevant time. , b in subsections (1) and (2), for “immediately before the death of a child who died 12 years of age or over” substitute “ at the relevant time ” , c in subsections (1), (2) and (3), for “immediately before the death, had” substitute “ at the relevant time, has ” , d in subsection (3), for “immediately before the child's death” substitute “ at the relevant time ” . 4 The title of section 9 becomes “ Authorisation by person with parental rights and responsibilities: child 12 years of age or over ” . 5 In section 10— a before subsection (1), insert— A1 Subsection (1) applies in relation to a child who is under 12 years of age at the relevant time. , b in subsection (1), for “immediately before the death of a child who died under 12 years of age had” substitute “ at the relevant time has ” . 6 The title of section 10 becomes “ Authorisation by person with parental rights and responsibilities: child under 12 years of age ” . 7 In section 11(5)— a in paragraphs (d)(iii), (e)(iii), (f)(iii), (g)(iii), (h)(iii) and (i)(iii), the word “deceased” is repealed, b in paragraphs (l)(i), (m)(i), (n)(i), (o)(i), (p)(i), (q)(i), (r)(i) and (s)(i), for the word “died” substitute “ at the relevant time was ” , c in paragraphs (l)(iii), (m)(iii), (n)(iii), (o)(iii), (p)(iii), (q)(iii), (r)(iii) and (s)(iii), for “immediately before the child's death” substitute “ at the relevant time ” . 8 In section 22— a in subsection (1), for “immediately before an adult's death authorisation by the” substitute “ at the relevant time authorisation by an ” , b in subsection (2), for “immediately before the death of a child who died twelve years of age or over authorisation by the” substitute “ at the relevant time authorisation by a ” , c in subsection (3)— i in the opening words, for “a deceased” substitute “ an ” , ii in paragraph (a), for “immediately before the adult's death” substitute “ at the relevant time ” , d in subsection (4)— i in the opening words, the word “deceased” is repealed, ii in paragraph (a), for “immediately before the child's death” substitute “ at the relevant time ” . 9 In section 50— a in subsections (1) and (2), for “sections 7 and 30” substitute “ Part 1 and section 30 ” , b in subsection (1)— i in the opening words, for “is the person who immediately before the adult's death was” substitute “ in relation to an adult is the person who, at the time mentioned in subsection (1A), is ” , ii in paragraph (b), for “was in hospital immediately before death” substitute “ is in hospital at the time mentioned in subsection (1A) ” , c after subsection (1), insert— 1A The time is— a in relation to Part 1, the relevant time, and b in relation to section 30, immediately before the adult's death. . Chapter 2 Authorisation by or on behalf of adult Express authorisation by adult 5 1 The 2006 Act is amended as follows. 2 In section 6— a in subsection (1), after “section 3(1)” insert “ (an “express authorisation”) ” , b after subsection (1), insert— 1A An express authorisation must— a if it is for transplantation, be— i in writing, or ii given to the register organisation orally or in writing, b if it is for a purpose referred to in paragraphs (b) to (d) of section 3(1), be in writing. , c subsection (2) is repealed. 3 The title of section 6 becomes “ Express authorisation: adult ” . 4 After section 6 insert— Withdrawal of express authorisation: adult 6A 1 An express authorisation may be withdrawn by the adult— a in writing, or b if the express authorisation was given to the register organisation, by giving the withdrawal to the register organisation orally or in writing. 2 Subsection (3) applies if— a there is in force an express authorisation by an adult of removal and use of a part of the adult's body for a purpose referred to in section 3(1), and b the adult makes an opt-out declaration as respects removal and use of the part for that purpose. 3 The express authorisation— a is treated as withdrawn by the adult to the extent that it relates to removal and use of the part for that purpose, and b otherwise remains in force. 4 Subsection (5) applies if— a there is in force at the relevant time an express authorisation by an adult of removal and use of a part of the adult's body for a purpose referred to in section 3(1), and b a person provides evidence to a health worker that would lead a reasonable person to conclude that— i the adult's most recent view was that the adult was unwilling for the part to be removed and used for that purpose, or ii if the adult were capable of making a decision about removal and use of the part, the adult would be unwilling in the circumstances for the part to be removed and used for that purpose. 5 The express authorisation— a is treated as withdrawn by the adult to the extent that it relates to removal and use of the part for that purpose, b otherwise remains in force, and c to the extent that it remains in force, is treated as being in force at the relevant time for the purposes of— i section 6D(1)(a), ii section 6E(1)(a)(i), iii section 6F(1)(a)(i), iv section 6H(1)(a)(i), v section 16F(1)(d), vi section 16H(2)(a)(i), vii section 16H(3)(a). . Opt-out declaration by adult 6 After section 6A of the 2006 Act insert— Opt-out declaration: adult 6B 1 An adult may make a declaration that the adult does not authorise the removal and use of a part of the adult's body after the adult's death for one or more of the purposes referred to in section 3(1) (an “opt-out declaration”). 2 If there is in force an opt-out declaration by an adult as respects removal and use of a part of the adult's body for a purpose referred to in section 3(1), the part must not be removed and used for that purpose. 3 An opt-out declaration must— a if it is as respects transplantation, be— i in writing, or ii made to the register organisation orally or in writing, b if it is as respects a purpose referred to in paragraphs (b) to (d) of section 3(1), be in writing. Withdrawal of opt-out declaration: adult 6C 1 An opt-out declaration may be withdrawn by the adult— a in writing, or b if the opt-out declaration was made to the register organisation, by giving the withdrawal to the register organisation orally or in writing. 2 Subsection (3) applies if— a there is in force an opt-out declaration by an adult as respects removal and use of a part of the adult's body for a purpose referred to in section 3(1), and b the adult gives an express authorisation of removal and use of the part for that purpose. 3 The opt-out declaration— a is treated as withdrawn by the adult to the extent that it relates to removal and use of the part for that purpose, and b otherwise remains in force. 4 Subsections (5) to (7) apply if— a there is in force at the relevant time an opt-out declaration by an adult as respects removal and use of a part of the adult's body for a purpose referred to in section 3(1), and b a person provides evidence to a health worker that would lead a reasonable person to conclude that— i the adult's most recent view was that the adult was willing for the part to be removed and used for that purpose, or ii if the adult were capable of making a decision about removal and use of the part, the adult would be willing in the circumstances for the part to be removed and used for that purpose. 5 The opt-out declaration— a is treated as withdrawn by the adult to the extent that it relates to removal and use of the part for that purpose, b otherwise remains in force, and c to the extent that it remains in force, is treated as being in force at the relevant time for the purposes of— i section 6D(1)(b), ii section 6E(1)(a)(ii), iii section 6F(1)(a)(ii), iv section 6G(2)(a), v section 6H(1)(a)(ii) and (iii), vi section 16H(2)(a)(ii), vii section 16H(3)(b). 6 The adult is treated as having given an express authorisation by virtue of section 6(1) of removal and use of the part for that purpose. 7 The authorisation referred to in subsection (6) is treated as being in force at the relevant time for the purposes of— a section 6D(1)(a), b section 6E(1)(a)(i), c section 6F(1)(a)(i), d section 6H(1)(a)(i), e section 16F(1)(d), f section 16H(2)(a)(i), g section 16H(3)(a). . Deemed authorisation for transplantation as respects adult 7 1 The 2006 Act is amended as follows. 2 After section 6C insert— Deemed authorisation for transplantation: adult 6D 1 An adult is deemed to have authorised the removal and use of a part of the adult's body after the adult's death for transplantation where there is in force at the relevant time— a no express authorisation by the adult of removal and use of any part of the adult's body for transplantation, and b no opt-out declaration by the adult as respects removal and use of the part of the adult's body for transplantation. 2 Subsection (1) does not apply in relation to— a a person who was not ordinarily resident in Scotland for a period of at least 12 months ending immediately before the relevant time (a “non-resident adult”), b an adult who is incapable of understanding the nature and consequences of deemed authorisation, c an excepted body part, d a part of the adult's body (that is not an excepted body part), if a person provides evidence to a health worker that would lead a reasonable person to conclude that— i the adult's most recent view was that the adult was unwilling for the part to be used for transplantation, or ii if the adult were capable of making a decision about removal and use of the part, the adult would be unwilling in the circumstances for the part to be used for transplantation. 3 In this Part, an adult is incapable of understanding the nature and consequences of deemed authorisation if, over a significant period ending immediately before the relevant time, the person was incapable of understanding— a that an adult may be deemed to have authorised removal and use of a part of the adult's body after the adult's death for transplantation, and b that if authorisation is so deemed, after the adult's death part of the adult's body may be removed from the body and used for transplantation. 4 An example of when an adult is to be considered “incapable of understanding the nature and consequences of deemed authorisation” is if there is evidence available to a health worker, including any evidence referred to in section 16H(4), that would lead a reasonable person to conclude that the adult is so incapable. 5 An “excepted body part” is a part of the body specified in regulations made by the Scottish Ministers. 6 Before laying draft regulations under subsection (5) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. . 3 In section 59(3) (regulations subject to affirmative procedure), after paragraph (aa) insert— ab regulations under section 6D(5); . Non-resident adult: authorisation for transplantation by nearest relative 8 After section 6D of the 2006 Act insert— Non-resident adult: authorisation for transplantation by nearest relative 6E 1 The nearest relative of a non-resident adult may authorise the removal and use of a part of the adult's body after the adult's death for transplantation where— a there is in force at the relevant time— i no express authorisation by the adult of removal and use of any part of the adult's body for transplantation, and ii no opt-out declaration by the adult as respects removal and use of the part for transplantation, b the relative has no actual knowledge that— i the adult's most recent view was that the adult was unwilling for the part to be removed and used for transplantation, or ii if the adult were capable of making a decision about removal and use of the part, the adult would be unwilling in the circumstances for the part to be removed and used for transplantation, and c the relative, having had regard to any evidence referred to in section 16H(6)(a) and (b), is satisfied that— i the adult was not unwilling for the part to be removed and used for transplantation, and ii if the adult were capable of making a decision about removal and use of the part, the adult would not be unwilling in the circumstances for the part to be removed and used for transplantation. 2 For the purposes of subsection (1)(b) and (c), the mere fact that there is in force no express authorisation by the adult of removal and use of any part of the adult's body for transplantation is not to be regarded as unwillingness by the adult. 3 An authorisation by virtue of subsection (1) must be— a in writing and signed, or b given orally to a health worker. 4 An authorisation by virtue of subsection (1) may not be withdrawn. . Adult incapable of understanding deemed authorisation: authorisation for transplantation by nearest relative 9 After section 6E of the 2006 Act insert— Adult incapable of understanding deemed authorisation: authorisation for transplantation by nearest relative 6F 1 The nearest relative of an adult who is incapable of understanding the nature and consequences of deemed authorisation may authorise the removal and use of a part of the adult's body after the adult's death for transplantation where— a there is in force at the relevant time— i no express authorisation by the adult of removal and use of any part of the adult's body for transplantation, and ii no opt-out declaration by the adult as respects removal and use of the part for transplantation, b the relative has no actual knowledge that— i the adult's most recent view was that the adult was unwilling for the part to be removed and used for transplantation, or ii if the adult were capable of making a decision about removal and use of the part, the adult would be unwilling in the circumstances for the part to be removed and used for transplantation, and c the relative, having had regard to any evidence referred to in section 16H(6)(a) and (b), is satisfied that— i the adult was not unwilling for the part to be removed and used for transplantation, and ii if the adult were capable of making a decision about removal and use of the part, the adult would not be unwilling in the circumstances for the part to be removed and used for transplantation. 2 For the purposes of subsection (1)(b) and (c), the mere fact that there is in force no express authorisation by the adult of removal and use of any part of the adult's body for transplantation is not to be regarded as unwillingness by the adult. 3 Before giving an authorisation by virtue of subsection (1), the nearest relative must have regard to the adult's past wishes and feelings so far as reasonably ascertainable. 4 An authorisation by virtue of subsection (1) must be— a in writing and signed, or b given orally to a health worker. 5 An authorisation by virtue of subsection (1) may not be withdrawn. . Excepted body parts: authorisation for transplantation by nearest relative 10 After section 6F of the 2006 Act insert— Excepted body parts: authorisation for transplantation by nearest relative 6G 1 This section applies where an adult is deemed to have authorised the removal and use of a part of the adult's body after the adult's death for transplantation by virtue of section 6D(1). 2 The nearest relative of the adult may authorise the removal and use of a part of the adult's body that is an excepted body part after the adult's death for transplantation where— a there is in force at the relevant time no opt-out declaration by the adult as respects removal and use of the part for transplantation, b the relative has no actual knowledge that— i the adult's most recent view was that the adult was unwilling for the part to be removed and used for transplantation, or ii if the adult were capable of making a decision about removal and use of the part, the adult would be unwilling in the circumstances for the part to be removed and used for transplantation, and c the relative, having had regard to any evidence referred to in section 16H(6)(a) and (b), is satisfied that— i the adult was not unwilling for the part to be removed and used for transplantation, and ii if the adult were capable of making a decision about removal and use of the part, the adult would not be unwilling in the circumstances for the part to be removed and used for transplantation. 3 For the purposes of subsection (2)(b) and (c), the mere fact that there is in force no express authorisation by the adult of removal and use of any part of the adult's body for transplantation is not to be regarded as unwillingness by the adult. 4 An authorisation by virtue of subsection (2) must be— a in writing and signed, or b given orally to a health worker. 5 An authorisation by virtue of subsection (2) may not be withdrawn. . Authorisation for purpose other than transplantation by nearest relative 11 1 The 2006 Act is amended as follows. 2 After section 6G insert— Authorisation for purpose other than transplantation by nearest relative 6H 1 The nearest relative of an adult may authorise the removal and use of a part of the adult's body after the adult's death for one or more of the purposes referred to in paragraphs (b) to (d) of section 3(1) where— a there is in force at the relevant time— i no express authorisation by the adult of removal and use of any part for the purpose in question, ii no opt-out declaration by the adult as respects removal and use of the part for the purpose in question, and iii no opt-out declaration by the adult as respects removal and use of the part for transplantation, b the relative has no actual knowledge that— i the adult's most recent view was that the adult was unwilling for the part to be removed and used for the purpose in question, or ii if the adult were capable of making a decision about removal and use of the part, the adult would be unwilling in the circumstances for the part to be removed and used for the purpose in question, and c the relative, having had regard to any evidence referred to in section 16H(6)(a) and (b), is satisfied that— i the adult was not unwilling for the part to be removed and used for the purpose in question, and ii if the adult were capable of making a decision about removal and use of the part, the adult would not be unwilling in the circumstances for the part to be removed and used for the purpose in question. 2 For the purposes of subsection (1)(b) and (c), the mere fact that there is in force no express authorisation by the adult of removal and use of any part of the adult's body for the purpose in question is not to be regarded as unwillingness by the adult. 3 Before giving an authorisation by virtue of subsection (1) on behalf of an adult who is incapable of understanding the nature and consequences of deemed authorisation, the nearest relative must have regard to the adult's past wishes and feelings so far as reasonably ascertainable. 4 An authorisation by virtue of subsection (1) must be— a in writing and signed, or b given orally to a health worker. 5 An authorisation by virtue of subsection (1) may be withdrawn by the relative. 6 A withdrawal by virtue of subsection (5) must be— a in writing and signed, or b given orally to a health worker. . 3 Section 7 is repealed. Review of section 1(1)(d) and (e) and sections 6(1A), 6B and 6D of the 2006 Act 12 After section 6H of the 2006 Act insert— Review of section 1(1)(d) and (e) and sections 6(1A), 6B and 6D 6I 1 The Scottish Ministers must, as soon as practicable after the end of the 5 year period— a carry out a review of— i the Scottish Ministers' duty under section 1(1)(d) and (e), and ii the operation of sections 6(1A), 6B and 6D, b set out the conclusions of the review in a report, and c publish the report. 2 The report must in particular set out— a the objectives intended to be achieved by section 6D, b an assessment of the extent to which those objectives have been achieved, and c an assessment of— i the support in relation to donation for transplantation provided to relatives of persons who have authorised, or who have been deemed to have authorised, the removal of a part of the person's body for transplantation (both before and after transplantation), and ii whether further support should be provided. 3 In subsection (1), “ the 5 year period ” means the period of 5 years beginning with the day on which sections 5 to 7 of the Human Tissue (Authorisation) (Scotland) Act 2019 come fully into force. . Chapter 3 Authorisation by or on behalf of child Authorisation by child 12 years of age or over 13 1 The 2006 Act is amended as follows. 2 After section 8(1) insert— 1A An authorisation by virtue of subsection (1) must— a if it is for transplantation, be— i in writing, or ii given to the register organisation orally or in writing, b if it is for a purpose referred to in paragraphs (b) to (d) of section 3(1), be in writing. 1B If there is in force immediately before a child becomes an adult an authorisation by virtue of subsection (1) by the child, the authorisation is to be treated as an express authorisation by virtue of section 6(1) once the child becomes an adult. . 3 Section 8(2) is repealed. 4 After section 8 insert— Withdrawal of authorisation: child 12 years of age or over 8A 1 An authorisation by virtue of section 8(1) may be withdrawn by the child— a in writing, or b if the authorisation was given to the register organisation, by giving the withdrawal to the register organisation orally or in writing. 2 Subsection (3) applies if— a there is in force an authorisation by virtue of section 8(1) by a child of removal and use of a part of the child's body for a purpose referred to in section 3(1), and b the child makes a declaration by virtue of section 8B(1) as respects removal and use of the part for that purpose. 3 The authorisation by virtue of section 8(1)— a is treated as withdrawn by the child to the extent that it relates to removal and use of the part for that purpose, and b otherwise remains in force. 4 Subsection (5) applies if— a there is in force at the relevant time an authorisation by virtue of section 8(1) by a child of removal and use of a part of the child's body for a purpose referred to in section 3(1), and b a person provides evidence to a health worker that would lead a reasonable person to conclude that— i the child's most recent view was that the child was unwilling for the part to be removed and used for that purpose, or ii if the child were capable of making a decision about removal and use of the part, the child would be unwilling in the circumstances for the part to be removed and used for that purpose. 5 The authorisation by virtue of section 8(1)— a is treated as withdrawn by the child to the extent that it relates to removal and use of the part for that purpose, b otherwise remains in force, and c to the extent that it remains in force, is treated as being in force at the relevant time for the purposes of— i section 8D(1)(a)(i), ii section 16F(1)(e), iii section 16I(2)(a)(i). . Opt-out declaration by child 12 years of age or over 14 After section 8A of the 2006 Act insert— Opt-out declaration: child 12 years of age or over 8B 1 A child who is 12 years of age or over may make a declaration that the child does not authorise the removal and use of a part of the child's body after the child's death for one or more of the purposes referred to in section 3(1). 2 If there is in force a declaration by virtue of subsection (1) by a child as respects removal and use of a part of the child's body for a purpose referred to in section 3(1), the part must not be removed and used for that purpose. 3 A declaration by virtue of subsection (1) must— a if it is as respects transplantation, be— i in writing, or ii made to the register organisation orally or in writing, b if it is as respects a purpose referred to in paragraphs (b) to (d) of section 3(1), be in writing. 4 If there is in force immediately before a child becomes an adult a declaration by virtue of subsection (1) by the child, the declaration is to be treated as an opt-out declaration by virtue of section 6B(1) once the child becomes an adult. Withdrawal of opt-out declaration: child 12 years of age or over 8C 1 A declaration by virtue of section 8B(1) may be withdrawn by the child— a in writing, or b if the declaration was made to the register organisation, by giving the withdrawal to the register organisation orally or in writing. 2 Subsection (3) applies if— a there is in force a declaration by virtue of section 8B(1) by a child as respects removal and use of a part of the child's body for a purpose referred to in section 3(1), and b the child gives an authorisation by virtue of section 8(1) of removal and use of the part for that purpose. 3 The declaration by virtue of section 8B(1)— a is treated as withdrawn by the child to the extent that it relates to removal and use of the part for that purpose, and b otherwise remains in force. 4 Subsections (5) to (7) apply if— a there is in force at the relevant time a declaration by virtue of section 8B(1) by a child as respects removal and use of a part of the child's body for a purpose referred to in section 3(1), and b a person provides evidence to a health worker that would lead a reasonable person to conclude that— i the child's most recent view was that the child was willing for the part to be removed and used for that purpose, or ii if the child were capable of making a decision about removal and use of the part, the child would be willing in the circumstances for the part to be removed and used for that purpose. 5 The declaration by virtue of section 8B(1)— a is treated as withdrawn by the child to the extent that it relates to removal and use of the part for that purpose, b otherwise remains in force, and c to the extent that it remains in force, is treated as being in force at the relevant time for the purposes of— i section 8D(1)(a)(ii) and (iii), ii section 16I(2)(a)(ii). 6 The child is treated as having authorised removal and use of the part for that purpose by virtue of section 8(1). 7 The authorisation referred to in subsection (6) is treated as being in force at the relevant time for the purposes of— a section 8D(1)(a)(i), b section 16F(1)(e), c section 16I(2)(a)(i). . Authorisation by person with parental rights and responsibilities: child 12 years of age or over 15 1 The 2006 Act is amended as follows. 2 After section 8C insert— Authorisation by person with parental rights and responsibilities: child 12 years of age or over 8D 1 A person who, at the relevant time, has parental rights and parental responsibilities in relation to a child who is 12 years of age or over may authorise the removal and use of a part of the child's body after the child's death for one or more of the purposes referred to in section 3(1) where— a there is in force at the relevant time— i no authorisation by virtue of section 8(1) by the child of removal and use of any part for the purpose in question, ii no declaration by virtue of section 8B(1) by the child as respects removal and use of the part for the purpose in question, and iii if transplantation is not the purpose in question, no declaration by virtue of section 8B(1) by the child as respects removal and use of the part for transplantation, b the person has no actual knowledge that— i the child's most recent view was that the child was unwilling for the part to be removed and used for the purpose in question, or ii if the child were capable of making a decision about removal and use of the part, the child would be unwilling in the circumstances for the part to be removed and used for the purpose in question, and c the person, having had regard to any evidence referred to in section 16I(4)(a) and (b), is satisfied that— i the child was not unwilling for the part to be removed and used for the purpose in question, and ii if the child were capable of making a decision about removal and use of the part, the child would not be unwilling in the circumstances for the part to be removed and used for the purpose in question. 2 For the purposes of subsection (1)(b) and (c), the mere fact that there is in force no authorisation by virtue of section 8(1) by the child of removal and use of any part of the child's body for the purpose in question is not to be regarded as unwillingness by the child. 3 An authorisation by virtue of subsection (1) must be— a in writing and signed, or b given orally to a health worker. 4 Subject to subsection (6), an authorisation by virtue of subsection (1) may be withdrawn by the person who gave the authorisation. 5 A withdrawal by virtue of subsection (4) must be— a in writing and signed, or b given orally to a health worker. 6 To the extent that an authorisation by virtue of subsection (1) is for the purposes of transplantation, it may not be withdrawn. . 3 Section 9 is repealed. Authorisation by person with parental rights and responsibilities: child under 12 years of age 16 1 Section 10 of the 2006 Act is amended as follows. 2 In subsection (1), after “section 3(1)” insert where— a the person has no actual knowledge that— i the child's most recent view was that the child was unwilling for the part to be removed and used for the purpose in question, or ii if the child were capable of making a decision about removal and use of the part, the child would be unwilling in the circumstances for the part to be removed and used for the purpose in question, and b the person, having had regard to any evidence referred to in section 16I(4)(a) and (b), is satisfied that— i the child was not unwilling for the part to be removed and used for the purpose in question, and ii the child would not be unwilling in the circumstances for the part to be removed and used for the purpose in question . 3 After subsection (1), insert— 1A An authorisation by virtue of subsection (1) must be— a in writing and signed, or b given orally to a health worker. 1B Subject to subsection (3), an authorisation by virtue of subsection (1) may be withdrawn by the person. 1C A withdrawal by virtue of subsection (1B) must be— a in writing and signed, or b given orally to a health worker. . 4 Subsection (2) is repealed. Authorisation by other persons: children 17 After section 10 of the 2006 Act insert— Authorisation by other persons: children 10A 1 A person mentioned in subsection (4) in relation to a child who is 12 years of age or over at the relevant time may authorise the removal and use of a part of the child's body after the child's death for one or more of the purposes referred to in section 3(1) where— a each person with parental rights and parental responsibilities who would otherwise be entitled to authorise removal and use of a part of the child's body by virtue of section 8D(1) has died or become incapable of so authorising, b there is in force at the relevant time— i no authorisation by virtue of section 8(1) by the child of removal and use of any part for the purpose in question, ii no declaration by virtue of section 8B(1) by the child as respects removal and use of the part for the purpose in question, and iii if transplantation is not the purpose in question, no declaration by virtue of section 8B(1) by the child as respects removal and use of the part for transplantation, c the person has no actual knowledge that— i the child's most recent view was that the child was unwilling for the part to be removed and used for the purpose in question, or ii if the child were capable of making a decision about removal and use of the part, the child would be unwilling in the circumstances for the part to be removed and used for the purpose in question, and d the person, having had regard to any evidence referred to in section 16I(4)(a) and (b), is satisfied that— i the child was not unwilling for the part to be removed and used for the purpose in question, and ii the child would not be unwilling in the circumstances for the part to be removed and used for the purpose in question. 2 For the purposes of subsection (1)(c) and (d), the mere fact that there is in force no authorisation by virtue of section 8(1) by the child of removal and use of any part of the child's body for the purpose in question is not to be regarded as unwillingness by the child. 3 A person mentioned in subsection (4) in relation to a child who is under 12 years of age at the relevant time may authorise the removal and use of a part of the child's body after the child's death for one or more of the purposes referred to in section 3(1) where— a each person with parental rights and parental responsibilities who would otherwise be entitled to authorise removal and use of a part of the child's body by virtue of section 10(1) has died or become incapable of so authorising, b the person has no actual knowledge that— i the child's most recent view was that the child was unwilling for the part to be removed and used for the purpose in question, or ii if the child were capable of making a decision about removal and use of the part, the child would be unwilling in the circumstances for the part to be removed and used for the purpose in question, and c the person, having had regard to any evidence referred to in section 16I(4)(a) and (b), is satisfied that— i the child was not unwilling for the part to be removed and used for the purpose in question, and ii the child would not be unwilling in the circumstances for the part to be removed and used for the purpose in question. 4 A person who is, at the relevant time— a a person who has (or has recently had) a significant involvement in the upbringing of the child, b the child's brother or sister, c the child's grandparent, d the child's uncle or aunt, e the child's cousin, f the child's niece or nephew, g a friend of longstanding of the child. 5 An authorisation by virtue of subsection (1) or (3) must be— a in writing and signed, or b given orally to a health worker. 6 Subject to subsection (8), an authorisation by virtue of subsection (1) or (3) may be withdrawn by the person. 7 A withdrawal by virtue of subsection (6) must be— a in writing and signed, or b given orally to a health worker. 8 To the extent that an authorisation by virtue of subsection (1) or (3) is for the purposes of transplantation, it may not be withdrawn. 9 Relationships in different paragraphs of subsection (4) rank in the order of those paragraphs and for the purposes of that subsection a relationship of the half-blood is to be treated as a relationship of the whole blood. 10 Where more than one person falls within a paragraph in subsection (4), each such person ranks equally for the purpose of the paragraph, and authorisation by virtue of the paragraph in question may be given by any one of the persons falling within the paragraph. 11 For the purposes of subsections (1) and (3), a person's relationship with the child is to be left out of account if— a the person, at the relevant time, was under 16 years of age, b the person does not wish or is unable to make a decision on the issue of authorisation, or c it is not reasonably practicable to communicate with the person in the time available. . Functions of local authority with parental rights and responsibilities 18 1 The 2006 Act is amended as follows. 2 In section 10(1), the words “(but who is not a local authority)” are repealed. 3 After section 10A insert— Local authority with parental rights and responsibilities in relation to child: consultation 10B 1 Subsection (2) applies if— a there is in force at the relevant time— i an authorisation by virtue of section 8(1) by a child of removal and use of a part of the child's body for a purpose referred to in section 3(1), or ii a declaration by virtue of section 8B(1) by a child as respects removal and use of a part of the child's body for a purpose referred to in section 3(1), and b a local authority with parental rights and parental responsibilities in relation to the child is consulted about the child's most recent views by a health worker by virtue of section 16I(2)(b). 2 The local authority must, in so far as it is reasonably practicable to do so, ascertain the child's most recent views by consulting— a the child's parents, and b such other persons as the local authority considers appropriate. 3 Subsections (4) and (5) apply if a local authority with parental rights and parental responsibilities in relation to a child is deciding whether to give authorisation by virtue of section 8D or 10 as respects the child. 4 The local authority must, in so far as it is reasonably practicable to do so, ascertain the views of— a the child, b the child's parents, and c any other person whose views the local authority considers to be relevant. 5 The local authority must have regard to the views of— a the child, b the child's parents, and c any other person whose views the local authority considers to be relevant. . Chapter 4 Authorisations: general Power to make provision about decisions 19 1 The 2006 Act is amended as follows. 2 After section 10B insert— Power to make provision about decisions 10C 1 The Scottish Ministers may by regulations make provision about the manner in which, or to whom— a an express authorisation by virtue of section 6(1) may be given, b an opt-out declaration by virtue of section 6B(1) may be made, c an authorisation by virtue of section 8(1) may be given, d a declaration by virtue of section 8B(1) may be made, e an authorisation by virtue of section 16F(1) may be given. 2 Regulations under subsection (1) may modify this Act. . 3 In section 59(3) (regulations subject to affirmative procedure), after paragraph (ab) insert— ac regulations under section 10C(1); . Withdrawal by person who is blind or unable to write 20 1 The 2006 Act is amended as follows. 2 After section 10C insert— Withdrawal by person who is blind or unable to write 10D 1 This section applies where a person who is blind or unable to write decides to withdraw— a an authorisation by virtue of— i section 6A(1), ii section 6H(5), iii section 8A(1), iv section 8D(4), v section 10(1B), vi section 10A(6), b a declaration by virtue of— i section 6C(1), ii section 8C(1). 2 The withdrawal may be— a in writing by another person, and b signed by an adult (a “signatory”). 3 A withdrawal that is signed by a signatory must— a be witnessed by one witness, and b contain a statement made in accordance with subsection (4). 4 The statement must— a state that the person, in the presence of the signatory and the witness, expressed the intention to withdraw the authorisation or, as the case may be, the declaration, b state that the person requested the signatory to sign the withdrawal, c be signed by the signatory and the witness in the presence of— i each other, and ii the person. . 3 In section 6, subsections (3) to (5) are repealed. 4 In section 8, subsections (3) to (6) are repealed. Removal and use of part of body for quality assurance purposes 21 In section 3(1)(d) of the 2006 Act, after “audit” insert “ or quality assurance ” . Removal of part of body of deceased person: further requirements 22 1 Section 11 of the 2006 Act is amended as follows. 2 In subsection (1)(b), after “person” insert “ (or description of person) ” . 3 In subsection (2), after “person” insert “ (or description of person) ” . 4 In subsection (3), paragraph (b) is repealed. 5 In subsection (4)— a in the opening words, the words from “(and,” to “the practitioner)” are repealed, b at the beginning of paragraph (a), insert “ if the person is a registered medical practitioner, ” , c after paragraph (a), insert— ab if the person is not a registered medical practitioner, that a registered medical practitioner, by personal examination of the body, is satisfied that life is extinct, , d in paragraph (c)— i after “removal” insert “ and use for the purpose in question ” , ii for “7, 8, 9 or, as the case may be, 10” substitute “ 6D, 6E, 6F, 6G, 6H, 8, 8D, 10 or, as the case may be, 10A ” . 6 After subsection (4), insert— 4A For the purposes of subsection (4)(c), the person who proposes to carry out the removal is entitled to be satisfied that the removal and use for the purpose in question is authorised in accordance with the section in question if subsections (4B) and (4C) apply. 4B This subsection applies if the person who proposes to carry out the removal considers there to be an appropriate record that— a there is in force an authorisation by virtue of section 6, 6D, 6E, 6F, 6G, 6H, 8, 8D, 10 or, as the case may be, 10A as respects— i the deceased person, and ii the removal and use of the part for the purpose in question, b the authorisation was given in accordance with the section in question, c there is in force— i in the case of a deceased adult, no opt-out declaration by the adult as respects removal and use of the part for the purpose in question, ii in the case of a deceased child, no declaration by virtue of section 8B(1) by the child as respects removal and use of the part for the purpose in question, d in the case of a deceased adult who is deemed to have authorised the removal and use of a part of the adult's body for transplantation by virtue of section 6D, the deceased adult was not— i a non-resident adult, or ii an adult incapable of understanding the nature and consequences of deemed authorisation, e a health worker has carried out inquiries— i in the case of a deceased adult, in accordance with section 16H(2), and ii in the case of a deceased child, in accordance with section 16I(2). 4C This subsection applies if the person who proposes to carry out the removal has no reason to believe that— a there is in force no authorisation by virtue of section 6, 6D, 6E, 6F, 6G, 6H, 8, 8D, 10 or, as the case may be, 10A as respects— i the deceased person, or ii the removal and use of the part for the purpose in question, b the authorisation was not given in accordance with the section in question, c in the case of an authorisation given by a person other than the deceased person, the person who gave the authorisation was not entitled to do so, d the deceased person would be unwilling in the circumstances for the part to be removed and used for the purpose in question. . 7 Subsection (5) is repealed. Chapter 5 Pre-death procedures relating to transplantation Pre-death procedures relating to transplantation 23 1 After section 16 of the 2006 Act insert— Pre-death procedures relating to transplantation Meaning of “pre-death procedure”, “Type A procedure” and “Type B procedure” 16A 1 In this Part, a “ pre-death procedure ” means a medical procedure— a which is carried out on a person for the purpose of increasing the likelihood of successful transplantation of a part of the person's body after the person's death, and b which is not for the primary purpose of safeguarding or promoting the physical or mental health of the person. 2 In this Part, a pre-death procedure is— a a “Type A procedure” if it is a pre-death procedure or category of pre-death procedure specified in regulations made by the Scottish Ministers under section 16B(1), b )a “Type B procedure” if it is a pre-death procedure or category of pre-death procedure specified in regulations made by the Scottish Ministers under section 16C(1). Type A procedures 16B 1 The Scottish Ministers may by regulations specify a pre-death procedure or category of pre-death procedure as a Type A procedure for the purposes of sections 16D to 16F. 2 Regulations under subsection (1) may make different provision for different procedures or categories of procedure and in particular may specify that a pre-death procedure or category of pre-death procedure is a Type A procedure only where that procedure is carried out in a particular way. 3 Regulations under subsection (1) may specify a pre-death procedure (or category of pre-death procedure) as a Type A procedure only if the Scottish Ministers consider that it is appropriate that the carrying out of the procedure or, as the case may be, the category of procedure should be in accordance with section 16E. 4 Before laying draft regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. Type B procedures 16C 1 The Scottish Ministers may by regulations specify a pre-death procedure or category of pre-death procedure (other than one specified in regulations under section 16B(1)) as a Type B procedure for the purposes of section 16D and 16E. 2 Regulations under subsection (1)— a may also make provision about— i the circumstances in which Type B procedures may be carried out, ii the way in which the carrying out of Type B procedures may be authorised, iii the process for authorisation of Type B procedures, and iv the carrying out of Type B procedures, and b may make different provision for different procedures or categories of procedure. 3 Regulations under subsection (1) may specify a pre-death procedure (or category of pre-death procedure) as a Type B procedure only if the Scottish Ministers consider that it is appropriate that the procedure or, as the case may be, the category of procedure should be subject to provision mentioned in subsection (2)(a)(i) to (iv). 4 Before laying draft regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. Restrictions on carrying out of pre-death procedures 16D 1 A pre-death procedure may be carried out only if it is a Type A procedure or Type B procedure. 2 A Type A procedure may be carried out only in accordance with section 16E. 3 A Type B procedure may be carried out only in accordance with— a section 16E, and b any provision made in regulations under section 16C(1) in relation to that procedure (or category of procedure). Carrying out of Type A and Type B procedures 16E 1 A Type A procedure or Type B procedure may be carried out only if— a the health worker who is to carry out the procedure or who has authorised a person to carry out the procedure considers that the requirements of subsection (2) are met, b that health worker— i has no actual knowledge that the person was unwilling for the procedure to be carried out, ii has had regard to the person's past wishes and feelings so far as reasonably ascertainable (having had regard to any evidence referred to in section 16H(6)(c) or 16I(4)(c)), and iii is satisfied that if the person were capable of making a decision about authorisation of the procedure, the person would not be unwilling for the procedure to be carried out, c the use of a part of the person's body for transplantation is authorised by virtue of section 6, 6D, 6E, 6F, 6G, 8, 9, 10 or, as the case may be, 10A, d in the case of a Type A procedure, the carrying out of the procedure is authorised under section 16F, and e in the case of a Type B procedure, the carrying out of the procedure is authorised in accordance with any provision made under section 16C(1) in relation to that procedure (or category of procedure). 2 The requirements mentioned in subsection (1)(a) are met if— a in the view of the health worker primarily responsible for the person's medical treatment, the person is likely to die imminently (including as a result of the withdrawal of life-sustaining treatment), b where the person is receiving life-sustaining treatment, the decision to withdraw that treatment has been taken by that health worker, c the carrying out of the procedure is necessary (see subsection (3)), d the carrying out of the procedure is not likely to cause more than minimal discomfort to the person, and e the carrying out of the procedure is not likely to harm the person. 3 For the purposes of subsection (2)(c), the carrying out of a procedure is necessary if either of the following apply— a it is necessary to carry it out for the purpose of ascertaining whether a part of the person's body is suitable for transplantation, b it is necessary to carry it out for the purpose of increasing the likelihood of successful transplantation of a part of the person's body. Authorisation of Type A procedures 16F 1 For the purposes of section 16E(1)(d), the carrying out of a Type A procedure is authorised in relation to a person if— a the person has expressly authorised the carrying out of the procedure, b in the case of an adult who, at the relevant time, has not expressly authorised the carrying out of any procedure, if the adult's nearest relative is, at the relevant time, entitled to authorise the removal and use of a part of the adult's body by virtue of section 6E or 6F and the adult's nearest relative authorises the carrying out of the procedure, c in the case of a child who, at the relevant time, has not expressly authorised the carrying out of any procedure— i if a person who has parental rights and parental responsibilities in relation to the child is, at the relevant time, entitled to authorise the removal and use of a part of the child's body by virtue of section 8D or 10 and that person authorises the carrying out of the procedure, ii if a person is, at the relevant time, entitled to authorise the removal and use of a part of the child's body by virtue of section 10A and that person authorises the carrying out of the procedure, d in the case of an adult who, at the relevant time, has not expressly authorised the carrying out of any procedure, there is in force an express authorisation by the adult of removal and use of a part of the adult's body for transplantation, e in the case of a child who, at the relevant time, has not expressly authorised the carrying out of any procedure, there is in force an authorisation by virtue of section 8 by the child of removal and use of a part of the child's body for transplantation, or f in the case of an adult, the adult is deemed by virtue of section 6D to have authorised the removal and use of a part of the adult's body for transplantation. 2 For the purposes of subsection (1)(b), the nearest relative of an adult may not give authorisation— a if the relative has actual knowledge that the adult was unwilling for the procedure to be carried out, or b unless the relative— i has had regard to the adult's past wishes and feelings so far as reasonably ascertainable (having had regard to any evidence referred to in section 16H(6)(c)), and ii is satisfied that if the adult were capable of making a decision about authorisation of the procedure, the adult would not be unwilling for the procedure to be carried out. 3 For the purposes of subsection (1)(c), a person may not give authorisation— a if the person has actual knowledge that the child was unwilling for the procedure to be carried out, or b unless the person— i has had regard to the child's past wishes and feelings so far as reasonably ascertainable (having had regard to any evidence referred to in section 16I(4)(c)), and ii is satisfied that if the child were capable of making a decision about authorisation of the procedure, the child would not be unwilling for the procedure to be carried out. 4 Where a person has expressly authorised the carrying out of one or more Type A procedures under subsection (1)(a), subsection (1)(f) does not authorise the carrying out of a Type A procedure not mentioned in that authorisation. 5 An authorisation under subsection (1)(a), (b) or (c) must be— a in writing, or b given orally to a health worker. Authorisation of Type A procedures: transitory provision 16G 1 Until section 6D comes into force, section 16E(1)(b)(ii) applies as if the words “(having had regard to any evidence referred to in section 16H(6)(c) or 16I(4)(c))” were omitted. 2 Until section 6D comes into force, section 16F applies as if— a in subsection (1)— i for paragraph (b) there were substituted— b in the case of an adult, a person who is entitled to authorise the removal and use of a part of the adult's body by virtue of section 7(1), (2) or (3) authorises the carrying out of the Type A procedure, , ii for paragraph (c) there were substituted— c in the case of a child, a person who is entitled to authorise the removal and use of a part of the child's body by virtue of section 9(1), (2) or (3) or 10(1) authorises the carrying out of the Type A procedure, , iii paragraphs (d) to (f) were omitted, b in subsection (2)(b)(i), the words “(having had regard to any evidence referred to in section 16H(6)(c))” were omitted, c in subsection (3)(b)(i), the words “(having had regard to any evidence referred to in section 16I(4)(c))” were omitted, d subsection (4) were omitted. . 2 In section 59(3) of the 2006 Act (regulations subject to affirmative procedure), after paragraph (ac) insert— ad regulations under section 16B(1) or 16C(1); . Chapter 6 Duty to inquire Duty to inquire 24 After section 16G of the 2006 Act insert— Duty to inquire: adult 16H 1 A health worker must act in accordance with subsection (2) before the earlier of— a the carrying out of a pre-death procedure in relation to an adult, or b the removal of part of the body of a deceased adult for any of the purposes referred to in section 3(1). 2 The health worker must— a take reasonable steps to inquire into whether there is in force— i an express authorisation by the adult, ii an opt-out declaration by the adult, b if subsection (3) applies, inquire into whether the adult— i is a non-resident adult (within the meaning given by section 6D(2)(a)), ii is an adult who is incapable of understanding the nature and consequences of deemed authorisation (within the meaning given by section 6D(3)), c in the case of an adult who is incapable of understanding the nature and consequences of deemed authorisation, inquire into the adult's past wishes and feelings so far as reasonably ascertainable, and d in any case inquire, by consulting (so far as is reasonably practicable) the persons referred to in subsection (5), into the adult's most recent views in relation to— i the carrying out of pre-death procedures in relation to the adult, and ii the removal and use of a part of the adult's body for a purpose referred to in section 3(1). 3 This subsection applies in relation to an adult if there is in force at the relevant time— a no express authorisation by the adult of removal and use of any part of the adult's body for transplantation, and b no opt-out declaration by the adult as respects removal and use of the part of the adult's body for transplantation. 4 When acting in accordance with subsection (2)(b)(ii), the health worker must consult (so far as is reasonably practicable) any person who has indicated a wish to provide evidence that the adult is an adult who is incapable of understanding the nature and consequences of deemed authorisation. 5 The persons referred to in subsection (2)(d) are— a the nearest relative of the adult, b any person who has indicated to a health worker a wish to provide evidence mentioned in subsection (6), and c such other persons as the health worker considers appropriate. 6 The evidence referred to in subsection (5)(b) is evidence— a that the adult's most recent view was that the adult was willing or, as the case may be, unwilling for a part of the adult's body to be removed and used for a purpose referred to in section 3(1), b that if the adult were capable of making a decision about removal and use of a part, the adult would be willing or, as the case may be, unwilling in the circumstances for part of the adult's body to be removed and used for a purpose referred to in section 3(1), c about the adult's views in relation to the carrying out of a pre-death procedure in relation to the adult. Duty to inquire: child 16I 1 A health worker must act in accordance with subsection (2) before the earlier of— a the carrying out of a pre-death procedure in relation to a child, or b the removal of part of the body of a deceased child for any of the purposes referred to in section 3(1). 2 The health worker must— a take reasonable steps to inquire into whether there is in force— i an authorisation by virtue of section 8(1) by the child, ii a declaration by virtue of section 8B(1) by the child, and b inquire, by consulting (so far as is reasonably practicable) the persons referred to in subsection (3), into the child's most recent views in relation to— i the carrying out of pre-death procedures in relation to the child, and ii the removal and use of a part of the child's body for a purpose referred to in section 3(1). 3 The persons referred to in subsection (2)(b) are— a a person who, at the relevant time, has parental rights and parental responsibilities in relation to the child, b if a person is entitled to authorise removal and use of a part of the child's body by virtue of section 10A, that person, c any person who has indicated to a health worker a wish to provide evidence mentioned in subsection (4), and d such other persons as the health worker considers appropriate. 4 The evidence referred to in subsection (3)(c) is evidence— a that the child's most recent view was that the child was willing or, as the case may be, unwilling for a part of the child's body to be removed and used for a purpose referred to in section 3(1), b that if the child were capable of making a decision about removal and use of a part, the child would be willing or, as the case may be, unwilling in the circumstances for a part of the child's body to be removed and used for a purpose referred to in section 3(1), c about the child's views in relation to the carrying out of a pre-death procedure in relation to the child. . Part 4 General and final provisions Meaning of “the 2006 Act” 25 In this Act “ the 2006 Act ” means the Human Tissue (Scotland) Act 2006. Ancillary provision 26 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 2 Regulations under this section may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under subsection (1) which contain provision adding to, replacing or omitting any part of the text of an Act are subject to the affirmative procedure. 4 Otherwise, regulations under subsection (1) are subject to the negative procedure. Interpretation 27 1 The 2006 Act is amended as follows. 2 After section 16I insert— Meaning of “health worker” 16J 1 In sections 1 to 16K, “ health worker ” means— a a registered medical practitioner, b a registered nurse, c a person (or person within a description) in so far as that person is (or persons of that description are) authorised by a person listed in subsection (2) to exercise the functions of a health worker under sections 6A to 16I. 2 The persons are— a a registered medical practitioner, b a registered nurse, c a Health Board, d a Special Health Board, e the Common Services Agency for the Scottish Health Service. 3 An authorisation under subsection (1)(c) may, in particular— a authorise a person (or description of person) to exercise some or all of the functions of a health worker under sections 6A to 16I, b authorise a person (or description of person) to exercise functions in relation to particular cases or classes of case, c authorise different persons (or descriptions of person) to exercise different functions. 4 An authorisation under subsection (1)(c) may be given only if the person listed in subsection (2) considers that the person (or the description of person) has the appropriate skills, qualifications or experience to carry out the functions in respect of which the authorisation is given. 5 An authorisation under subsection (1)(c) may be revoked— a in the case of an authorisation given to a description of person by a person other than a registered medical practitioner or a registered nurse, by the person who gave that authorisation, and b in any other case, by any person listed in subsection (2). 6 The Scottish Ministers may give directions (of a general or specific nature) to persons listed in subsection (2) in relation to authorisations under subsection (1)(c). 7 A person listed in subsection (2) must comply with any direction given to the person under subsection (6) when authorising a person (or description of person) under subsection (1)(c). 8 The Scottish Ministers may by regulations— a modify the list in subsection (1), b modify the list in subsection (2), so as to add to, amend or remove any entry on the list. . 3 In section 59(3) (regulations subject to affirmative procedure), after paragraph (ad) insert— ae regulations under section 16J(8); . 4 After section 16J insert— Interpretation and meaning of “relevant time” 16K 1 In sections 1 to 16J and this section— “ excepted body part ” has the meaning given in section 6D(5), “ express authorisation ” has the meaning given in section 6(1), “ Health Board ” means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978, “ health worker ” has the meaning given in section 16J(1), “ incapable of understanding the nature and consequences of deemed authorisation ” has the meaning given in section 6D(3), “ medical treatment ”, in relation to a person, means any procedure or treatment that has the purpose of safeguarding or promoting the person's physical or mental health, “ non-resident adult ” has the meaning given in section 6D(2)(a), “ opt-out declaration ” has the meaning given in section 6B(1), “ pre-death procedure ” has the meaning given in section 16A, “ register organisation ” has the meaning given in section 2B(2), “ Special Health Board ” means a board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978, “ writing ” includes representation of a character in visible form. 2 For the purposes of sections 1 to 16J, this section and section 50, “ relevant time ” means— a in relation to a living person, when— i in the view of the health worker primarily responsible for the person's medical treatment, the person is likely to die imminently (including as a result of the withdrawal of life-sustaining treatment), ii where the person is receiving life-sustaining treatment, the decision to withdraw that treatment has been taken by that health worker, and iii in the case of a person who is 12 years of age or over, that health worker is of the view that the person is incapable by reason of ill health of making a decision about the removal and use of a part of the person's body for a purpose referred to in section 3(1), b in relation to a deceased person, immediately before the person's death. . 5 The following are repealed— a section 6(6), b section 8(7), c section 16(2). 6 In section 14(5), the definitions of “Health Board” and “Special Health Board” are repealed. Minor and consequential modifications 28 1 In section 1(5) of the Anatomy Act 1984— a for “or audit” in each place where it occurs substitute “ , audit or quality assurance ” , b for “7, 8, 9 or 10” substitute “ 6D, 6E, 6F, 6G, 6H, 8, 8D, 10 or 10A ” . 2 The Adults with Incapacity (Scotland) Act 2000 is amended as follows— a in section 16(6)— i in paragraph (d), after “section 6(1),” insert “ 16F(1)(a) ” , ii after paragraph (d), insert— da withdraw an authorisation, on behalf of the granter, by virtue of section 6A(1) of that Act; db make, on behalf of the granter, an opt-out declaration by virtue of section 6B(1) of that Act; dc withdraw an opt-out declaration, on behalf of the granter, by virtue of section 6C(1) of that Act; , b in section 64(2)— i in paragraph (d), after “section 6(1),” insert “ 16F(1)(a) ” , ii after paragraph (d), insert— da withdraw an authorisation, on behalf of the adult, by virtue of section 6A(1) of that Act; db make, on behalf of the adult, an opt-out declaration by virtue of section 6B(1) of that Act; dc withdraw an opt-out declaration, on behalf of the adult, by virtue of section 6C(1) of that Act; . 3 The 2006 Act is amended as follows— a in section 3(2)(a), for “7, 8, 9 or, as the case may be, 10” substitute “ 6D, 6E, 6F, 6G, 6H, 8, 8D, 10 or, as the case may be, 10A ” , b in section 12, for “6(1), 7(1), (2) or (3), 8(1), 9(1), (2) or (3) or 10(1)” substitute “ 6, 6D, 6E, 6F, 6G, 8, 8D, 10 or, as the case may be, 10A ” , c in section 15(1)— i for the words “expressed verbally” in both places where they occur substitute “ given orally ” , ii for “expressed” in both places where it occurs substitute “ given ” , iii for “authorisation by the adult in accordance with section 6(1)” substitute “ an express authorisation by the adult ” , d in section 16(1)(a), for “7, 8, 9 or, as the case may be, 10” substitute “ 6D, 6E, 6F, 6G, 6H, 8, 8D, 10 or, as the case may be, 10A ” , e in section 22— i in subsection (1), for “authorisation by an adult by virtue of section 6(1)” substitute “ an express authorisation by an adult ” , ii after subsection (1), insert— 1A Where an adult is deemed to have authorised the removal and use of a part of the adult's body for transplantation by virtue of section 6D(1), the authorisation takes priority as respects the part over— a any authorisation by the adult by virtue of section 29(1), or any request by the adult by virtue of section 4(1) of the 1984 Act, which is in force at the relevant time, b any right of any other person to give authorisation as respects the deceased adult by virtue of section 30(1) or (2). , iii subsection (3) is repealed, iv in subsection (4), for “9(1), (2) or (3) or 10(1)” substitute “ 8D, 10 or 10A ” , f in section 49(1)(a), for “7(1), 9(1) or 10(1)” substitute “ 6H, 8D, 10 or 10A ” , g in section 51(1), for “6(3), 8(3)” substitute “ 10D ” . Commencement 29 1 This section and sections 25, 26 and 30 come into force on the day after Royal Assent. 2 The rest of this Act comes into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may appoint different days for different purposes. 4 Regulations under this section may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 30 The short title of this Act is the Human Tissue (Authorisation) (Scotland) Act 2019. S. 1 in force at 11.10.2019 by S.S.I. 2019/305 , reg. 2(a) S. 7 in force at 11.10.2019 for specified purposes by S.S.I. 2019/305 , reg. 2(b) S. 23 in force at 11.10.2019 for specified purposes by S.S.I. 2019/305 , reg. 2(c) S. 2 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 3 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 4 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 5 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 6 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 7 in force at 26.3.2021 in so far as not already in force by S.S.I. 2021/108 , reg. 2 S. 8 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 9 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 10 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 11 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 12 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 13 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 14 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 15 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 16 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 17 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 18 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 19 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 20 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 21 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 22 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 23 in force at 26.3.2021 in so far as not already in force by S.S.I. 2021/108 , reg. 2 S. 24 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 27 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2 S. 28 in force at 26.3.2021 by S.S.I. 2021/108 , reg. 2
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[uk-legislation-asp][asp] 2024-05-04 Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019
http://www.legislation.gov.uk/asp/2019/10/2021-10-11
http://www.legislation.gov.uk/asp/2019/10/2021-10-11 Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 An Act of the Scottish Parliament to set targets relating to the eradication of fuel poverty; to define fuel poverty; to require the production of a fuel poverty strategy; and to make provision about reporting on fuel poverty. text text/xml en Statute Law Database 2021-11-25 Expert Participation 2021-10-11 Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 s. 7(1) Housing (Scotland) Act 2025 s. 71(2)(a) s. 86(2) Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 s. 7(3A) Housing (Scotland) Act 2025 s. 71(2)(b) s. 86(2) Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 s. 10(2)(a) - (f) Housing (Scotland) Act 2025 s. 72(2) s. 86(2) Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 s. 11 Housing (Scotland) Act 2025 s. 72(3) s. 86(2) Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 s. 15(1) Housing (Scotland) Act 2025 s. 73(2)(a) s. 86(2) Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 s. 15(2) - (6) Housing (Scotland) Act 2025 s. 73(2)(b) s. 86(2) Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 2019 asp 10 An Act of the Scottish Parliament to set targets relating to the eradication of fuel poverty; to define fuel poverty; to require the production of a fuel poverty strategy; and to make provision about reporting on fuel poverty. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 11th June 2019 and received Royal Assent on 18th July 2019 Fuel poverty targets The 2040 targets 1 1 This section makes provision for the 2040 fuel poverty targets. 2 The target is that in the year 2040, as far as reasonably possible no household in Scotland is in fuel poverty and, in any event— a no more than 5% of households in Scotland are in fuel poverty, b no more than 1% of households in Scotland are in extreme fuel poverty, c the median fuel poverty gap of households in Scotland in fuel poverty is no more than £250 adjusted in accordance with section 5(5) to take account of changes in the value of money. 3 The target is that in the year 2040, as far as reasonably possible no household in any local authority area in Scotland is in fuel poverty and, in any event, the objectives set out in paragraphs (a) to (c) of subsection (2) are met in relation to households in each local authority area. 4 The Scottish Ministers may by regulations modify the target year set out in subsection (2) or (3) if they receive a report from the Scottish Fuel Poverty Advisory Panel under section 14(4) advising that the target will not be met or could reasonably be met earlier. 5 Regulations under subsection (4) may modify— a the date specified in subsections (4) and (6) of section 9, b the reporting date specified in section 12(1) or, as the case may be, section 13(1), c the years specified in section 13(2)(b). The interim targets 2 1 This section makes provision for a number of interim fuel poverty targets. 2 The target is that in the year 2030— a no more than 15% of households in Scotland are in fuel poverty, b no more than 5% of households in Scotland are in extreme fuel poverty, c the median fuel poverty gap of households in Scotland in fuel poverty is no more than £350 adjusted in accordance with section 5(5) to take account of changes in the value of money. 3 The target is that in the year 2035— a no more than 10% of households in Scotland are in fuel poverty, b no more than 3% of households in Scotland are in extreme fuel poverty, c the median fuel poverty gap of households in Scotland in fuel poverty is no more than £300 adjusted in accordance with section 5(5) to take account of changes in the value of money. Meaning of fuel poverty 3 1 A household is in fuel poverty if— a the fuel costs necessary for the home in which members of the household live to meet the conditions set out in subsection (2) are more than 10% of the household's adjusted net income, and b after deducting such fuel costs, benefits received for a care need or disability (if any) and the household's childcare costs (if any), the household's remaining adjusted net income is insufficient to maintain an acceptable standard of living for members of the household. 2 For the purpose of subsection (1)(a), the conditions are that— a the requisite temperatures are met for the requisite number of hours, and b the household's other reasonable fuel needs within the home are met. 3 For the purpose of subsection (2)(a)— a the requisite temperatures are— i in the case of a household for which enhanced heating temperatures are appropriate— A 23 degrees Celsius for the living room, B 20 degrees Celsius for any other room, ii otherwise— A 21 degrees Celsius for the living room, B 18 degrees Celsius for any other room, b the requisite number of hours is— i in the case of a household for which enhanced heating hours are appropriate, 16 hours a day, ii otherwise— A 9 hours a day on a weekday, B 16 hours a day during the weekend. 4 The Scottish Ministers may by regulations specify the types of household for which— a enhanced heating temperatures, b enhanced heating hours, are appropriate. 5 Subject to subsection (6), a household's remaining adjusted net income is sufficient to maintain an acceptable standard of living for the purpose of subsection (1)(b) if it is at least 90% of the minimum income standard applicable to the household after deduction of the notional costs allocated as part of that standard to— a rent, b council tax and water rates, c fuel, d childcare. 6 Where the home in which members of a household live is in a remote rural area, remote small town or island area, the household's remaining adjusted net income is sufficient to maintain an acceptable standard of living for the purpose of subsection (1)(b) if it is in total at least— a the amount determined in relation to the household in accordance with subsection (5), and b such additional amount (if any) as is determined in relation to the household by or in accordance with regulations made by the Scottish Ministers. 7 Regulations under subsection (6)(b) must— a define “remote rural area”, “remote small town” and “island area”, and b specify a person who is to determine, in relation to households in such areas or towns, the additional amount mentioned in subsection (6)(b). 8 The person specified in regulations under subsection (6)(b) must make a separate determination on the additional amount in relation to households in island areas. 9 In defining “island area” in regulations under subsection (6)(b), the Scottish Ministers must ensure that the definition encompasses all island areas. 10 In this section— a “ adjusted ” means adjusted by deducting housing costs, b “ benefits received for a care need or disability ” means benefits received for a care need or a disability under— i section 31 of the Social Security (Scotland) Act 2018 (disability assistance), ii section 77 of the Welfare Reform Act 2012 (personal independence payment), iii section 64 of the Social Security Contributions and Benefits Act 1992 (attendance allowance), iv section 68 of the Social Security Contributions and Benefits Act 1992 (severe disablement allowance), v section 71 of the Social Security Contributions and Benefits Act 1992 (disability living allowance), c “ childcare costs ” means the costs of any care or supervised activity provided— i for a child who is below school age or who is receiving primary education (within the meaning of section 135 of the Education (Scotland) Act 1980), and ii other than care or supervised activity provided in the course of the child's compulsory education or where the main reason for incurring the costs is the child's participation in the activity, d “ household ” means— i one person living alone in a private dwelling, or ii a group of people living together as a family or other unit (whether or not related) in a private dwelling, who— A have the dwelling as their only or main residence, and B share living accommodation and cooking facilities, e “ housing costs ” means— i rent or mortgage costs, ii council tax (within the meaning of section 99(1) of the Local Government Finance Act 1992), and iii charges for the provision of water services and sewerage, incurred in respect of the home in which members of the household live, f “ minimum income standard ” means the minimum income standard for the United Kingdom determined by— i the Centre for Research in Social Policy at Loughborough University, or ii such other person as the Scottish Ministers may from time to time determine, g “ net income ” means the income of all adults in the household after deduction of— i the income tax payable on that income, and ii the national insurance contributions for which those adults are liable under Part 1 of the Social Security Contributions and Benefits Act 1992. Meaning of extreme fuel poverty 4 1 A household is in extreme fuel poverty if— a the fuel costs necessary for the home in which members of the household live to meet the conditions set out in section 3(2) are more than 20% of the household's adjusted net income, and b after deducting such fuel costs, benefits received for a care need or disability (if any) and the household's childcare costs (if any), the household's remaining adjusted net income is insufficient to maintain an acceptable standard of living for members of the household. 2 Subsections (2) to (10) of section 3 apply in relation to the definition of extreme fuel poverty under this section as they apply in relation to the definition of fuel poverty under that section. Meaning of fuel poverty gap 5 1 Where a household is in fuel poverty, the fuel poverty gap is the figure calculated in accordance with subsection (2) or the figure calculated in accordance with subsection (3), whichever is the lower. 2 The first figure referred to in subsection (1) is the difference between— a the annual fuel costs necessary for the home in which members of the household live to meet the conditions set out in section 3(2), and b 10% of the household's annual adjusted net income. 3 The second figure referred to in subsection (1) is the difference between— a the annual amount required to maintain an acceptable standard of living for members of the household, and b the household's annual remaining adjusted net income for the purpose of section 3(1)(b). 4 For the purpose of subsections (1) to (3)— a the amount required to maintain an acceptable standard of living is to be determined in the same way as it is for the purpose of section 3, b “ adjusted ”, “ household ” and “ net income ” have the same meanings as in section 3(10). 5 Where the fuel poverty gap is being measured against a fuel poverty target, the sums referred to in sections 1(2)(c), 2(2)(c) and 2(3)(c) are to be increased or (as the case may be) decreased by the same percentage as the percentage increase or decrease in the annual average consumer prices index over the period from 2015 to the year to which the target relates. 6 In subsection (5), the consumer prices index means the all consumer prices index published by the Office of National Statistics. 7 The Scottish Ministers may by regulations amend this section to replace references to one prices index with references to another. Fuel poverty strategy Preparation and review of strategy 6 1 The Scottish Ministers must prepare a fuel poverty strategy. 2 The fuel poverty strategy must— a set out the approach the Scottish Ministers intend to take or consider should be taken to ensure that the fuel poverty targets are met, b set out the approach the Scottish Ministers intend to take in relation to each of the four drivers of fuel poverty to ensure that the fuel poverty targets are met, c set out the approach the Scottish Ministers intend to take or consider should be taken towards meeting the fuel poverty targets in each local authority area, d set out the cost of the approach set out under subsection (2)(a), e set out organisations, or types of organisations, with which the Scottish Ministers intend to work to ensure that the fuel poverty targets are met, f set out how the Scottish Ministers intend to identify households in fuel poverty, g identify characteristics of households which— i are likely to be in fuel poverty, or ii for which getting out of fuel poverty presents particular challenges, h set out the approach the Scottish Ministers intend to take to identifying residential buildings— i which are used as homes by a household in fuel poverty, ii where improvements would be required to achieve, by 2030, an energy performance certificate band C or higher (within the meaning of the Energy Performance of Buildings (Scotland) Regulations 2008), and iii where it is technically feasible, cost effective and affordable to achieve an energy performance certificate band C or higher, and i set out how the Scottish Ministers intend to assess— i progress towards meeting the fuel poverty targets, and ii whether the fuel poverty targets are met. 3 The approach set out under subsection (2)(a) must include provision for how to remove low levels of energy efficiency as a driver of fuel poverty. 4 The fuel poverty strategy may include such other information as the Scottish Ministers consider appropriate. 5 The Scottish Ministers are to keep the fuel poverty strategy under review and may at any time revise it. 6 Unless the context requires otherwise, a reference in this Act to the fuel poverty strategy includes a reference to the fuel poverty strategy as revised following a review under subsection (5). 7 Within 5 years after publishing the fuel poverty strategy under section 8(1)(a), the Scottish Ministers are either— a to revise the strategy, or b to publish an explanation of why they have decided not to revise it. 8 For the purposes of subsection (2)(b), “ four drivers of fuel poverty ” has the same meaning as in section 14(10). Consultation on strategy 7 1 In preparing the fuel poverty strategy, the Scottish Ministers must consult such persons as they consider appropriate. 2 The persons consulted under subsection (1) must include— a individuals who are living, or have lived, in fuel poverty, b local authorities, c disabled people, d people with long-term illness, e older people, f individuals living in rural areas, and g the Scottish Fuel Poverty Advisory Panel. 3 For the purpose of subsection (1), it is immaterial that anything done by way of consultation was done— a before the Bill for this Act was passed, or b after that but before this section comes into force. 4 The Scottish Ministers must lay the proposed fuel poverty strategy before the Scottish Parliament— a in the case of the first strategy, before the expiry of the period of 1 year beginning with the day on which section 6 comes into force, b in the case of a revised strategy, following a review under section 6(5). 5 The Scottish Ministers may not complete their preparation of the fuel poverty strategy until after the expiry of the period of 40 days beginning with the day on which the proposed strategy is laid before the Scottish Parliament (taking no account of any time during which the Parliament is dissolved or in recess for more than 4 days). Publication and laying of strategy 8 1 As soon as reasonably practicable after the end of the period mentioned in section 7(5), the Scottish Ministers must— a publish the fuel poverty strategy, and b lay a copy of it before the Scottish Parliament. 2 As soon as reasonably practicable after complying with subsection (1), the Scottish Ministers must— a publish a report setting out— i the consultation process taken in order to comply with section 7, and ii the ways in which views expressed during that process have been taken account of in preparing the fuel poverty strategy, b lay a copy of the report published under paragraph (a) before the Scottish Parliament, and c make a statement to the Scottish Parliament in relation to the fuel poverty strategy. Reporting on fuel poverty Preparation of periodic reports 9 1 The Scottish Ministers must, for each reporting period, prepare a report setting out— a the steps that have been taken during the reporting period for the purpose of meeting the fuel poverty targets (including the costs of those steps), b the steps that have been taken in the reporting period to address the four drivers of fuel poverty for the purpose of meeting the fuel poverty targets, c the progress made in the reporting period towards meeting the fuel poverty targets (including what progress has been made in removing low levels of energy efficiency as a driver of fuel poverty), d the steps that the Scottish Ministers propose to take in the next reporting period in order to meet the fuel poverty targets (including any additional funding required to take those steps), and e the steps that the Scottish Ministers propose to take in the next reporting period to address the four drivers of fuel poverty for the purpose of meeting the fuel poverty targets. 2 A report under subsection (1) must also set out, with respect to meeting the 2040 target in relation to each local authority area in Scotland— a the steps that have been taken during the reporting period for the purpose of meeting that target, b the progress made in that period towards meeting that target, and c the steps that the Scottish Ministers propose to take or consider should be taken in the next reporting period in order to meet that target. 3 A report under subsection (1) may include such other information as the Scottish Ministers consider appropriate. 4 Subsection (1) does not apply to a reporting period that ends on or after 31 December 2040. 5 The reporting periods are— a the period of 3 years beginning with the day on which the first fuel poverty strategy is published under section 8, b each subsequent period of 3 years. 6 For the purposes of subsections (1)(d) and (2)(c), where the next reporting period would include any period after 31 December 2040— a those paragraphs are to be read as a requirement to set out the steps that the Scottish Ministers propose to take or consider should be taken in the next reporting period in relation to fuel poverty, and b it is immaterial for the purposes of calculating the next reporting period that a report will not require to be prepared at the end of that reporting period by virtue of subsection (4). 7 For the purpose of subsection (1), “ four drivers of fuel poverty ” has the same meaning as in section 14(10). Consultation on periodic reports 10 1 In preparing a report under section 9, the Scottish Ministers must consult such persons as they consider appropriate. 2 The persons consulted under subsection (1) must include— a individuals who are living, or have lived, in fuel poverty, b local authorities, c disabled people, d people with long-term illness, e older people, f individuals living in rural areas, and g the Scottish Fuel Poverty Advisory Panel. Publication and laying of periodic reports 11 The Scottish Ministers must— a publish each report prepared under section 9, and b lay a copy of it before the Scottish Parliament, before the end of the financial year in which the reporting period ends. Report on the 2040 target 12 1 The Scottish Ministers must, no later than 31 March 2042, lay before the Scottish Parliament a report on the 2040 target. 2 The report must include information as to— a whether the 2040 target has been met, and b the percentage of households in Scotland in fuel poverty in the year 2040. 3 The report may contain such other information as the Scottish Ministers consider appropriate. Report on the 2040 target in relation to each local authority area 13 1 The Scottish Ministers must, no later than 31 December 2043, lay before the Scottish Parliament a report on the 2040 target in relation to each local authority area in Scotland. 2 The report must include— a such information as the Scottish Ministers can reasonably obtain as to whether the 2040 target in relation to each local authority area in Scotland has been met, and b combined data about the percentage of households in each local authority area in fuel poverty in the period 2040 to 2042. 3 The report may contain such other information as the Scottish Ministers consider appropriate. Independent advisory panel Scottish Fuel Poverty Advisory Panel 14 1 The Scottish Fuel Poverty Advisory Panel is established. 2 The Panel is to meet after the publication of each periodic report under section 11 in order to consider the matters mentioned in subsection (3). 3 The matters are— a progress toward meeting the fuel poverty targets, b the likelihood of meeting the fuel poverty targets, and c the extent to which the four drivers of fuel poverty are being addressed. 4 The Panel must make a report to the Scottish Ministers on its consideration of the matters under subsection (3). 5 A report under subsection (4) may— a propose changes to the fuel poverty strategy, b make such other recommendations to the Scottish Ministers as the Panel considers appropriate. 6 The Panel may from time to time provide advice to a committee of the Scottish Parliament with the subject of fuel poverty within its remit on— a the matters mentioned in subsection (3), b such other matters as are prescribed in regulations under subsection (7). 7 The Scottish Ministers may by regulations— a make further provision about the Panel, b make provision about the dissolution of the Panel after the target year for the time being mentioned in section 1 has passed. 8 Regulations under subsection (7)(a) or (as the case may be) (b) may, in particular— a make provision about the membership of the Panel (including the process for appointment of members), b make provision about the remuneration and expenses that may be paid to members of the Panel, c make provision about the preparation and publication of reports, d make such other provision relating to the functioning of the Panel as the Scottish Ministers consider appropriate, e modify any enactment (including this Act). 9 The Scottish Ministers must bring forward regulations under subsection (7)(a) within 1 year of this section coming into force. 10 In this section the “four drivers of fuel poverty” are— a low net adjusted household incomes, b high household fuel prices, c homes having low levels of energy efficiency, and d inefficient use of fuel in homes. 11 For the purpose of subsection (10), “ adjusted ”, “ household ” and “ net income ” have the same meanings as in section 3(10). Funding of the Scottish Fuel Poverty Advisory Panel 15 1 Subject to subsection (2), the Scottish Ministers must provide such financial resources as they consider necessary to support the operation of the Scottish Fuel Poverty Advisory Panel. 2 The total costs for the operation of the Panel must not exceed £82,000, adjusted in accordance with subsection (3), in any operating period. 3 For the purpose of subsection (2), the sum of £82,000 is to be adjusted to reflect the percentage increase (if any) in the annual average consumer prices index from the day on which this section comes into force. 4 In subsection (3), the consumer prices index means the all consumer prices index published by the Office of National Statistics. 5 The Scottish Ministers may by regulations amend this section to replace references to one prices index with references to another. 6 In this section, an “operating period” is— a the period of 3 years beginning with the day on which this section comes into force, b each subsequent period of 3 years. General Power to modify section 3 16 The Scottish Ministers may by regulations amend section 3 so as to— a modify the meaning of— i requisite temperatures, ii requisite number of hours, in subsection (3) of that section, b modify the definitions for the time being in subsection (10) of that section, c make different provision as to when a household's remaining adjusted net income is sufficient, or is insufficient, to maintain an acceptable standard of living for members of the household. Regulation-making powers 17 1 Regulations under section 1(4), 3(4) or (6)(b), 5(7), 14(7)(a) or (b), 15(5) or 16— a are subject to the affirmative procedure, b may make— i incidental, supplementary, consequential, transitional, transitory or saving provision, ii different provision for different purposes. 2 Before laying a draft of a Scottish statutory instrument containing regulations under section 3(4) or 16, the Scottish Ministers must consult such persons as they consider appropriate. 3 The persons consulted under subsection (2) must include individuals who are living, or have lived, in fuel poverty. 4 It is immaterial that anything done by way of consultation in relation to regulations under section 3(4) was done— a before the Bill for this Act was passed, or b after that but before this section comes into force. Consequential modifications 18 1 The Housing (Scotland) Act 2001 is amended as follows. 2 Section 88 (statement on fuel poverty), together with the italic heading preceding it, is repealed. 3 In section 89 (local housing strategies), after subsection (11) insert— 12 For the purpose of subsection (5)(b), a person lives in fuel poverty if the person is a member of a household which is in fuel poverty for the purposes of the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019. . 4 Section 95 (meaning of “fuel poverty”), together with the italic heading preceding it, is repealed. Interpretation 19 In this Act— “ the 2040 target ” means the target set out in section 1(2), “ the 2040 target in relation to each local authority area in Scotland ” means the target set out in section 1(3), “ the fuel poverty targets ” means the targets set out in sections 1 and 2, “ the Scottish Fuel Poverty Advisory Panel ” means the Panel established under section 14(1). Commencement 20 1 Section 19, this section and section 21 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a make different provision for different purposes, b include transitional, transitory or saving provision. Short title 21 The short title of this Act is the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019. S. 7(1)(2)(a)-(f)(3)-(5) in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 1 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 2 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 3 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 4 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 5 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 6 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 8 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 9 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 10 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 11 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 12 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 13 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 14 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 15 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 16 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 17 in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 18(1) (2) in force at 19.9.2019 by S.S.I. 2019/277 , reg. 2 S. 7(2)(g) in force at 11.10.2021 by S.S.I. 2021/332 , reg. 2
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[uk-legislation-asp][asp] 2024-05-04 South of Scotland Enterprise Act 2019
http://www.legislation.gov.uk/asp/2019/9/2020-06-01
http://www.legislation.gov.uk/asp/2019/9/2020-06-01 South of Scotland Enterprise Act 2019 An Act of the Scottish Parliament to establish South of Scotland Enterprise and to provide for its functions. text text/xml en Statute Law Database 2020-07-24 Expert Participation 2020-06-01 South of Scotland Enterprise Act 2019 specified provision(s) The South of Scotland Enterprise Act 2019 (Commencement and Transitional Provision) Amendment Regulations 2020 reg. 2 South of Scotland Enterprise Act 2019 2019 asp 9 An Act of the Scottish Parliament to establish South of Scotland Enterprise and to provide for its functions. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 5th June 2019 and received Royal Assent on 12th July 2019 Establishment South of Scotland Enterprise 1 1 South of Scotland Enterprise is established. 2 It is a body corporate. People constituting body and staff 2 1 South of Scotland Enterprise is to consist of— a a member to chair it, b at least 5, but not more than 10, other members, and c its chief executive. 2 Schedule 1 makes provision about South of Scotland Enterprise's members and staff. Exclusion of Crown status 3 1 South of Scotland Enterprise— a is not a servant or agent of the Crown, and b does not enjoy any status, immunity or privilege of the Crown. 2 South of Scotland Enterprise's members and staff are not to be regarded as civil servants. Application of public bodies legislation 4 1 Schedule 2 amends other enactments so that their provisions apply to South of Scotland Enterprise. 2 The amendments made by schedule 2 do not affect any power to make an order or regulations amending or revoking any enactment mentioned in schedule 2. Aims and powers Aims 5 1 South of Scotland Enterprise's aims are to— a further the sustainable economic and social development of the South of Scotland, and b improve the amenity and environment of the South of Scotland. 2 Achieving those aims may involve taking action directed towards (amongst other things)— a supporting inclusive and sustainable economic growth, b providing, maintaining and safeguarding employment, c increasing the number of residents in the South of Scotland who are of working age, d enhancing skills and capacities relevant to employment, e encouraging business start-ups and entrepreneurship, f supporting inclusive business models (such as social enterprises and co-operatives of any kind), g promoting commercial and industrial— i efficiency, ii innovativeness, and iii international competitiveness, h promoting digital connectivity, i promoting improved transport services and infrastructure, j supporting communities to help them meet their needs, k supporting community ownership of land and other assets, l maintaining, protecting and enhancing the natural and cultural heritage and environmental quality of the South of Scotland, m promoting the sustainable and efficient use and re-use of resources, n supporting the transitions required to meet the net-zero emissions target (as defined in section A1 of the Climate Change (Scotland) Act 2009), o encouraging and facilitating collaborations between persons that will advance one or more of South of Scotland Enterprise's aims. 3 The Scottish Ministers may by regulations alter South of Scotland Enterprise's aims by modifying this section. Action plan 6 1 South of Scotland Enterprise— a must make a plan of the things it intends to do to achieve its aims (“its action plan”), b must keep its action plan under review, c may modify its action plan at any time (subject to subsection (2)). 2 South of Scotland Enterprise may not make or modify its action plan unless the plan or modification has been approved in draft by the Scottish Ministers. 3 Replacing one version of the action plan with another is a modification of the plan for the purposes of this section. Consultation on action plan 7 1 South of Scotland Enterprise must— a consult about its action plan before first making it, and b thereafter, begin to consult about its action plan within 5 years of completing the last consultation under this subsection. 2 Before carrying out a consultation under subsection (1), South of Scotland Enterprise must prepare, and make publicly available, a document describing its strategy for consulting with— a people who live and work in the South of Scotland, and b businesses and public authorities that operate there. 3 In carrying out a consultation under subsection (1), South of Scotland Enterprise must— a follow its most recently prepared consultation strategy, and b seek views from— i Dumfries and Galloway Council, ii Scottish Borders Council. 4 Having completed a consultation under subsection (1), South of Scotland Enterprise must— a prepare a report setting out what (if anything) it intends to do in light of the views elicited through the consultation process, and b send a copy of the report to— i the Scottish Ministers, and ii the local authorities mentioned in subsection (3)(b). 5 The Scottish Ministers are to lay before the Scottish Parliament a copy of each report received by them under subsection (4). 6 The Scottish Ministers may by regulations change the date by which the next consultation under subsection (1) must begin to a date later than would otherwise be allowed by paragraph (b) of that subsection if, in the Scottish Ministers' opinion, it would be expedient to do so in order to synchronise South of Scotland Enterprise's consultation process with any equivalent consultation process being undertaken by, or on behalf of, Scottish Enterprise or Highlands and Islands Enterprise. General powers 8 1 South of Scotland Enterprise may do anything which appears to it to be— a either— i necessary or expedient for the purposes of, or in connection with, achieving its aims or the performance of any of its other functions, or ii otherwise conducive to the performance of its functions, and b consistent with its action plan. 2 Without prejudice to the generality of subsection (1), South of Scotland Enterprise may— a enter into contracts, b acquire and dispose of land and other property, c form or promote (whether alone or with others) subsidiaries within the meaning of section 1159 of the Companies Act 2006, d form and register (whether alone or with others) a society under the Co-operative and Community Benefit Societies Act 2014, e enter into a partnership, f become a member of a consortium, g provide grants and loans. 3 Despite the generality of subsection (1), South of Scotland Enterprise may not borrow money except from— a the Scottish Ministers (see section 19), or b a person who is, or was at the time the loan was made, one of its subsidiaries within the meaning of section 1159 of the Companies Act 2006. 4 South of Scotland Enterprise may charge for providing a service. Operational matters Headquarters 9 1 The Scottish Ministers must specify in a direction under section 17 the place where South of Scotland Enterprise is to have its headquarters. 2 Any place specified in fulfilment of the duty under subsection (1) must be in the South of Scotland. Committees 10 1 South of Scotland Enterprise may establish committees and sub-committees. 2 Committees and sub-committees may include people who are not members of South of Scotland Enterprise. 3 South of Scotland Enterprise may, in accordance with a determination by the Scottish Ministers— a pay each member of a committee or sub-committee remuneration and allowances (including expenses), and b pay, or make arrangements for the payment of, allowances and gratuities to, or in respect of, any person who is or has been a member of a committee or sub-committee. 4 The arrangements referred to in subsection (3)(b) may include— a making payments towards the provision of those allowances and gratuities, b providing and maintaining schemes for the payment of those allowances and gratuities to, or in respect of, any person who is or has been a member of a committee or sub-committee. 5 The reference in subsection (3) to allowances and gratuities includes allowances and gratuities by way of compensation for loss of office as a member of a committee or sub-committee. Workers' interests committee 11 1 South of Scotland Enterprise must establish a committee to advise it on what might be done to advance the interests of workers in the South of Scotland. 2 The committee must include at least one member nominated by a trade union operating in the South of Scotland. Regulation of procedure 12 South of Scotland Enterprise may regulate its own procedure (including quorum) and that of its committees and sub-committees. Authority to perform functions 13 1 South of Scotland Enterprise may authorise any of its— a members, b committees, c sub-committees, or d staff, to perform such of its functions (and to such extent) as it may determine. 2 The giving of authority under subsection (1) does not— a affect the responsibility of South of Scotland Enterprise for the performance of the function, or b prevent South of Scotland Enterprise from performing the function itself. Validity of things done 14 The validity of anything done by South of Scotland Enterprise, its committees or sub-committees is not affected by— a a vacancy in membership or the office of chief executive, b a defect in the appointment of a member or the chief executive, c the disqualification of a person as a member after appointment. Accountability Accounts and audit 15 South of Scotland Enterprise must— a keep proper accounts and accounting records, b prepare in respect of each financial year a statement of accounts, and c send a copy of the statement to the Auditor General for Scotland for auditing. Annual report 16 1 South of Scotland Enterprise must, after each financial year— a prepare and publish a report of its activities during the year, and b send a copy of the report to the Scottish Ministers. 2 The Scottish Ministers are to lay before the Scottish Parliament a copy of each report received by them under subsection (1). Ministerial powers Direction 17 1 South of Scotland Enterprise must comply with any direction issued to it by the Scottish Ministers. 2 A direction under this section may— a be general or relate to a particular function or matter, b vary or revoke a direction under this section. 3 Before issuing a direction under this section the Scottish Ministers must consult South of Scotland Enterprise about it. 4 Having issued a direction under this section, the Scottish Ministers must publish— a the direction, and b their reasons for issuing it. Fair work direction 18 1 The Scottish Ministers must issue a direction under section 17 to South of Scotland Enterprise about fair work within 1 year of this section coming into force. 2 The direction— a must— i stipulate that South of Scotland Enterprise is to seek to promote fair work in exercising its functions, ii set out what fair work means for the purposes of the direction, and b may contain any other provision which the Scottish Ministers consider appropriate in relation to the promotion of fair work by South of Scotland Enterprise. 3 Before issuing the direction, the Scottish Ministers must consult— a persons who appear to the Scottish Ministers to represent the interests of those who work in the South of Scotland, and b persons who appear to the Scottish Ministers to represent the interests of employers in the South of Scotland. Financial assistance 19 1 The Scottish Ministers may provide such financial assistance to South of Scotland Enterprise as they consider appropriate. 2 For the purposes of subsection (1), “ financial assistance ” includes grants, loans, guarantees and indemnities. 3 The Scottish Ministers may attach conditions (including conditions as to repayment and the payment of interest) in respect of any financial assistance provided. Transfers from Scottish Enterprise Transfer of property and liabilities 20 1 On the day this section comes into force, the transferring property (including rights) and liabilities of Scottish Enterprise are transferred to, and vest in, South of Scotland Enterprise. 2 The Scottish Ministers are to identify the transferring property and liabilities by regulations. Interpretation Meaning of South of Scotland 21 In this Act, “ the South of Scotland ” means the areas of— a Dumfries and Galloway Council, and b Scottish Borders Council. Final provisions Ancillary provision 22 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. Regulation-making powers 23 1 Regulations under this Act may make different provision for different purposes. 2 Regulations under section 5(3) are subject to the affirmative procedure. 3 Regulations under section 22— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), but b otherwise are subject to the negative procedure. Commencement 24 1 The following provisions come into force on the day after Royal Assent: this section and sections 22, 23 and 25. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may include transitional, transitory or saving provision. Short title 25 The short title of this Act is the South of Scotland Enterprise Act 2019. SCHEDULE 1 MEMBERS AND STAFF (introduced by section 2) PART 1 MEMBERS Appointment of members 1 1 The Scottish Ministers are to appoint— a the chair of South of Scotland Enterprise, and b its other members. 2 The Scottish Ministers may only appoint a person who they are satisfied has knowledge or experience relevant to the discharge of South of Scotland Enterprise's functions. 3 In appointing members, the Scottish Ministers must have regard to the desirability of ensuring that the membership (taken as a whole)— a has experience or knowledge of the whole of the South of Scotland, b has experience or knowledge of the issues facing those who work in the South of Scotland, c otherwise has a broad range of interests, skills, experience and expertise. 4 In considering, for the purpose of sub-paragraph (3)(b), the particular experience or knowledge the membership should have, the Scottish Ministers must consult— a persons appearing to them to represent trade unions operating in the South of Scotland, b persons appearing to them to represent businesses operating in the South of Scotland. 5 A person may be appointed more than once. 6 A person who is disqualified from being a member may not be appointed (see paragraph 4). Tenure 2 1 A person's membership continues until the end of the period of appointment (subject to paragraph 3). 2 In sub-paragraph (1), “ the period of appointment ” means the period specified by the Scottish Ministers on appointing the person as a member. Early termination 3 1 A person's membership ends if— a the person gives written notice to the Scottish Ministers that the person resigns, b the person becomes disqualified from being a member (see paragraph 4), c the Scottish Ministers give the person written notice that the person is removed from being a member. 2 The Scottish Ministers may remove a member by virtue of sub-paragraph (1)(c) only if— a the member has been absent, without permission or reasonable excuse, from meetings of South of Scotland Enterprise for more than 3 consecutive months, b the member is convicted of an offence, c the Ministers consider that the member is— i unfit to continue to be a member, or ii unable to perform the member's functions. Grounds for disqualification from membership 4 A person is disqualified from being a member if the person is— a a member of the Scottish Parliament, b a member of the House of Commons, c disqualified from being a member by virtue of section 19 of the Ethical Standards in Public Life etc. (Scotland) Act 2000. Remuneration, allowances and gratuities 5 1 South of Scotland Enterprise may, in accordance with a determination by the Scottish Ministers— a pay each member remuneration and allowances (including expenses), and b pay, or make arrangements for the payment of, allowances and gratuities to, or in respect of, any person who is or has been a member. 2 The arrangements referred to in sub-paragraph (1)(b) may include— a making payments towards the provision of those allowances and gratuities, b providing and maintaining schemes for the payment of those allowances and gratuities to, or in respect of, any person who is or has been a member. 3 The reference in sub-paragraph (1) to allowances and gratuities include allowances and gratuities by way of compensation for loss of office as a member. 4 South of Scotland Enterprise must, if directed to do so by the Scottish Ministers, pay a person who has ceased to be a member the amount specified by the Ministers in the direction. 5 The Scottish Ministers— a may make a direction under sub-paragraph (5) only in a case where it appears to them to be right that a person should be compensated for losing office as a member, b may not make a direction under that sub-paragraph in a case where the loss of office is the result of a period of appointment ending (see paragraph 2). Other terms and conditions 6 The Scottish Ministers may determine the terms and conditions of membership in relation to matters not covered by this schedule. PART 2 STAFF Chief executive 7 1 South of Scotland Enterprise is to have a chief executive. 2 The chief executive is a member of staff of South of Scotland Enterprise. 3 The Scottish Ministers are to appoint the first chief executive. 4 Subsequent chief executives are to be appointed by South of Scotland Enterprise. 5 South of Scotland Enterprise may not appoint a chief executive without the Scottish Ministers' approval. 6 A person may be appointed more than once. Other staff 8 South of Scotland Enterprise may appoint staff. Staff terms and conditions 9 1 Staff appointed by South of Scotland Enterprise are appointed on such terms and conditions as South of Scotland Enterprise determines. 2 South of Scotland Enterprise may not determine staff terms and conditions without the Scottish Ministers' approval. 3 The first chief executive is appointed on such terms and conditions as the Scottish Ministers determine. Pensions, allowances and gratuities 10 1 South of Scotland Enterprise may, with the approval of the Scottish Ministers, pay or make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any person who is or has been a member of staff of South of Scotland Enterprise. 2 Those arrangements may include— a making payments towards the provision of those pensions, allowances and gratuities, b providing and maintaining schemes for the payment of those pensions, allowances and gratuities. 3 The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office. SCHEDULE 2 APPLICATION OF PUBLIC BODIES LEGISLATION (introduced by section 4) Ethical Standards in Public Life etc. (Scotland) Act 2000 1 In schedule 3 of the Ethical Standards in Public Life etc. (Scotland) Act 2000, after the entry relating to Social Care and Social Work Improvement Scotland insert— “ South of Scotland Enterprise ” . Scottish Public Services Ombudsman Act 2002 2 In schedule 2 of the Scottish Public Services Ombudsman Act 2002, after paragraph 52A insert— 52B South of Scotland Enterprise. . Freedom of Information (Scotland) Act 2002 3 In schedule 1 of the Freedom of Information (Scotland) Act 2002, after paragraph 102A insert— 102B South of Scotland Enterprise. . Public Appointments and Public Bodies etc. (Scotland) Act 2003 4 In schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003, after the entry relating to Social Care and Social Work Improvement Scotland insert— “ South of Scotland Enterprise ” . Further and Higher Education (Scotland) Act 2005 5 1 The Further and Higher Education (Scotland) Act 2005 is amended as follows. 2 In section 22(5)— a the word “and” immediately preceding paragraph (fa) is repealed, b after paragraph (fa) insert— fb South of Scotland Enterprise. . 3 In section 23B— a in subsection (3)(k) after “Scottish Enterprise” insert “ , South of Scotland Enterprise ” , b in subsection (5)(i) after “Scottish Enterprise” insert “ , South of Scotland Enterprise ” . 4 In section 23M— a in subsection (1)(l) after “Scottish Enterprise” insert “ , South of Scotland Enterprise ” , b in subsection (3)(j) after “Scottish Enterprise” insert “ , South of Scotland Enterprise ” . Public Services Reform (Scotland) Act 2010 6 1 The Public Services Reform (Scotland) Act 2010 is amended as follows. 2 In schedule 5, after the entry relating to Social Care and Social Work Improvement Scotland insert— “ South of Scotland Enterprise ” . 3 In schedule 8, after the entry relating to Social Care and Social Work Improvement Scotland insert— “ South of Scotland Enterprise ” . Public Records (Scotland) Act 2011 7 In the schedule of the Public Records (Scotland) Act 2011, after the entry relating to Social Care and Social Work Improvement Scotland insert— “ South of Scotland Enterprise ” . Water Resources (Scotland) Act 2013 8 In section 3 of the Water Resources (Scotland) Act 2013, at the end of paragraph (f) insert , g South of Scotland Enterprise . Community Empowerment (Scotland) Act 2015 9 1 The Community Empowerment (Scotland) Act 2015 is amended as follows. 2 In section 13(2), after paragraph (f) insert , g South of Scotland Enterprise where all or part of the area of the local authority is within the South of Scotland as defined by section 21 of the South of Scotland Enterprise Act 2019 . 3 In schedule 1, after the entry relating to the Scottish Sports Council insert— “ South of Scotland Enterprise where all or part of the area of the local authority is within the South of Scotland as defined by section 21 of the South of Scotland Enterprise Act 2019 ” . 4 In schedule 3, after the entry relating to Scottish Water insert— “ South of Scotland Enterprise ” . Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015 10 In schedule 1 of the Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015 (S.S.I. 2015/347), after the entry relating to Social Care and Social Work Improvement Scotland insert— “ South of Scotland Enterprise ” . Gender Representation on Public Boards (Scotland) Act 2018 11 In schedule 1 of the Gender Representation on Public Boards (Scotland) Act 2018, after the entry relating to Social Care and Social Work Improvement Scotland insert— South of Scotland Enterprise . S. 1 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 2 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 3 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 4 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 8(1)(3) in force at 16.10.2019 for specified purposes by S.S.I. 2019/308 , reg. 2 (with reg. 4 ) S. 8(2)(a)(b) in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 9 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 13 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 14 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 15 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 16 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 17 in force at 16.10.2019 for specified purposes by S.S.I. 2019/308 , reg. 2 S. 19 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 20(2) in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 21 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 1 para. 1 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 1 para. 2 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 1 para. 3 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 1 para. 4 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 1 para. 5 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 1 para. 6 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 1 para. 7 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 1 para. 8 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 1 para. 9 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 1 para. 10 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 2 para. 1 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 2 para. 2 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 2 para. 3 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 2 para. 4 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 2 para. 5 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 2 para. 6 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 2 para. 7 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 2 para. 8 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 2 para. 9 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 2 para. 10 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 Sch. 2 para. 11 in force at 16.10.2019 by S.S.I. 2019/308 , reg. 2 S. 8(2)(c)-(g)(4) in force at 1.4.2020 by S.S.I. 2019/308 , reg. 3(2) (as amended by S.S.I. 2020/85 , regs. 1, 2) S. 8(1)(3) in force at 1.4.2020 in so far as not already in force by S.S.I. 2019/308 , reg. 3(2) (with reg. 4 ) (as amended by S.S.I. 2020/85 , regs. 1, 2) S. 17 in force at 1.4.2020 in so far as not already in force by S.S.I. 2019/308 , reg. 3(2) (as amended by S.S.I. 2020/85 , regs. 1 , 2 ) S. 5 in force at 1.4.2020 by S.S.I. 2019/308 , reg. 3(2) (as amended by S.S.I. 2020/85 , regs. 1 , 2 ) S. 6 in force at 1.4.2020 by S.S.I. 2019/308 , reg. 3(2) (as amended by S.S.I. 2020/85 , regs. 1 , 2 ) S. 7 in force at 1.4.2020 by S.S.I. 2019/308 , reg. 3(2) (as amended by S.S.I. 2020/85 , regs. 1 , 2 ) S. 10 in force at 1.4.2020 by S.S.I. 2019/308 , reg. 3(2) (as amended by S.S.I. 2020/85 , regs. 1 , 2 ) S. 11 in force at 1.4.2020 by S.S.I. 2019/308 , reg. 3(2) (as amended by S.S.I. 2020/85 , regs. 1 , 2 ) S. 12 in force at 1.4.2020 by S.S.I. 2019/308 , reg. 3(2) (as amended by S.S.I. 2020/85 , regs. 1 , 2 ) S. 18 in force at 1.4.2020 by S.S.I. 2019/308 , reg. 3(2) (as amended by S.S.I. 2020/85 , regs. 1 , 2 ) S. 20(1) in force at 1.6.2020 by S.S.I. 2019/308 , reg. 3(1) (as amended (31.3.2020) by S.S.I. 2020/85 , regs. 1 , 2 )
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[uk-legislation-asp][asp] 2024-05-04 Hutchesons' Hospital Transfer and Dissolution (Scotland) Act 2019
http://www.legislation.gov.uk/asp/2019/5/2019-06-28
http://www.legislation.gov.uk/asp/2019/5/2019-06-28 Hutchesons' Hospital Transfer and Dissolution (Scotland) Act 2019 An Act of the Scottish Parliament to transfer the property, rights, interests and liabilities of The Royal Incorporation of Hutchesons' Hospital in the City of Glasgow to a successor Scottish Charitable Incorporated Organisation; to dissolve the Incorporation; and to repeal the Hutchesons' Hospital Act 1872. text text/xml en Statute Law Database 2019-08-06 2019-06-28 Hutchesons' Hospital Transfer and Dissolution (Scotland) Act 2019 2019 asp 5 An Act of the Scottish Parliament to transfer the property, rights, interests and liabilities of The Royal Incorporation of Hutchesons' Hospital in the City of Glasgow to a successor Scottish Charitable Incorporated Organisation; to dissolve the Incorporation; and to repeal the Hutchesons' Hospital Act 1872. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th April 2019 and received Royal Assent on 31st May 2019 Transfer of property, rights, interests and liabilities 1 1 All property, rights, interests and liabilities of the transferor are transferred to and vested in the transferee. 2 Subsection (1) has effect so as to transfer any property, rights, interests and liabilities notwithstanding any provision (of whatever nature) that would otherwise prevent or restrict that transfer. 3 In every existing contract in which the transferor is referred to, references to the transferor are to be construed as references to the transferee. 4 Any property, right, interest or liability in respect of which (but for this Act)— a delivery or possession, or b intimation of its assignation, would be required in order to complete title to it, transfers to and vests in the transferee by virtue of this Act as if at the date on which the transfer of the property, right, interest or liability by this Act takes effect the transferee had taken delivery or possession of the property, right, interest or liability in question or, as the case may be, had made intimation of its assignation. 5 This Act is deemed to be, and may be used as, a general disposition, conveyance or, as the case may be, assignation of such property, rights, interests and liabilities in favour of the transferee. 6 Any legal proceedings, applications to any authority or other proceedings for the resolution of a dispute by or against the transferor which are pending or current immediately before this Act comes into force may be continued by or against the transferee. Dissolution and repeal 2 1 The transferor is dissolved. 2 The Hutchesons' Hospital Act 1872 is repealed. Interpretation 3 In this Act— “ transferee ” means The Royal Incorporation of Hutchesons' Hospital in the City of Glasgow SCIO, being a Scottish Charitable Incorporated Organisation registered with the Office of the Scottish Charity Regulator on 29 December 2017 with the charity number SC048030, “ transferor ” means The Royal Incorporation of Hutchesons' Hospital in the City of Glasgow, a registered Scottish Charity with the charity number SC001470, incorporated under the Hutchesons' Hospital Act 1872. Commencement 4 This Act comes into force at the end of the period of four weeks beginning with the date of Royal Assent. Short title 5 The short title of this Act is the Hutchesons' Hospital Transfer and Dissolution (Scotland) Act 2019.
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[uk-legislation-asp][asp] 2024-05-04 Pow of Inchaffray Drainage Commission (Scotland) Act 2019
http://www.legislation.gov.uk/asp/2019/2/2019-04-17
http://www.legislation.gov.uk/asp/2019/2/2019-04-17 Pow of Inchaffray Drainage Commission (Scotland) Act 2019 An Act of the Scottish Parliament to incorporate and reconstitute the Pow of Inchaffray Drainage Commission; to make provision for its functions and for the appointment of Commissioners; to make provision for the calculation of the annual assessments payable by the owners of land benefited by the Pow; to make provision for meetings of the Commissioners and heritors; to make provision for the Commissioners to have access to the Pow over neighbouring land for necessary purposes and for the Commissioners' consent to be required for activities affecting the Pow and adjacent land etc.; and for connected purposes. text text/xml en Statute Law Database 2019-07-23 2019-04-17 Pow of Inchaffray Drainage Commission (Scotland) Act 2019 2019 asp 2 An Act of the Scottish Parliament to incorporate and reconstitute the Pow of Inchaffray Drainage Commission; to make provision for its functions and for the appointment of Commissioners; to make provision for the calculation of the annual assessments payable by the owners of land benefited by the Pow; to make provision for meetings of the Commissioners and heritors; to make provision for the Commissioners to have access to the Pow over neighbouring land for necessary purposes and for the Commissioners' consent to be required for activities affecting the Pow and adjacent land etc.; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th December 2018 and received Royal Assent on 17th January 2019 PART 1 The Commission Constitution The Pow of Inchaffray Drainage Commission 1 1 The Commission established by the 1846 Act continues and becomes a body corporate called the Pow of Inchaffray Drainage Commission, referred to in this Act as “ the Commission ”. 2 Schedule 1 makes further provision about the Commission. 3 All property, rights, liabilities and obligations of the Commission prior to incorporation are transferred to and vested in the Commission. 4 Incorporation of the Commission does not affect the rights or obligations of any person or make defective any legal proceedings that have been raised by or against the Commission prior to incorporation. 5 Any reference to the Commissioners or the Commission in any agreement, deed or other instrument is to be read as a reference to the Commission as incorporated, unless the context otherwise requires. The Commissioners 2 1 Subject to subsection (3), the Commission is to consist of nine members each called a Commissioner. 2 There are to be two Commissioners for each of the lower, middle, and upper sections of the benefited land and three Commissioners for the Balgowan section of the benefited land. 3 A heritors' meeting may alter the number of Commissioners for a section of the benefited land by a resolution passed in compliance with section 9. The Pow and the benefited land Extent of the Pow and the benefited land 3 1 In this Act, “ the Pow ” means the Pow of Inchaffray shown on the land plans and the associated works. 2 Subject to subsection (3), the “associated works” are— a the ditches shown on the land plans, b ditches within the benefited land which the Commission and the heritors on whose land they are situated have agreed in writing to include within the Pow, c ditches within the benefited land included by a resolution passed in compliance with section 9, d the banks, revetments, dams, culverts, sluices, and other structures associated with, or forming part of— i the Pow of Inchaffray, ii ditches included within the Pow. 3 A heritors' meeting may exclude ditches from the Pow by a resolution passed in compliance with section 9. 4 For the purposes of this Act, the benefited land is divided into four sections— a the lower section, b the middle section, c the upper section, d the Balgowan section. 5 The boundaries between sections are shown on the land plans. 6 A heritors' meeting may alter the boundaries between sections by a resolution passed in compliance with section 9. Appointment etc. of Commissioners Appointment of Commissioners etc. 4 Schedule 2 makes provision about the appointment of, and holding of office by, the Commissioners. First appointments of Commissioners 5 1 The serving Commissioners are to continue in office until the day on which section 2 comes into force. 2 Prior to the day on which section 2 comes into force, the Commission is to choose three serving Commissioners to continue as Commissioners, one for each of the lower, middle and upper sections of the benefited land. 3 On the day on which section 2 comes into force— a the appointments of serving Commissioners not chosen under subsection (2) cease to have effect, and b six additional appointments of Commissioners made in accordance with schedule 2 have effect, three for the Balgowan section and one for each of the lower, middle and upper sections of the benefited land. 4 The Commissioners chosen under subsection (2) are to continue to hold office for 24 months from the day on which section 2 comes into force. Commission meetings 6 Schedule 3 makes provision about meetings of the Commission. Heritors' meetings etc. Heritors' meetings convened by the Commission 7 1 The Commission must convene a heritors' meeting— a when necessary to appoint a Commissioner in accordance with this Act, b before each general business meeting of the Commission, c where requested to do so by three or more heritors, to consider a resolution to— i alter the number of Commissioners in accordance with section 2(3), ii include a ditch in accordance with section 3(2)(c), iii exclude a ditch in accordance with section 3(3), iv alter the boundaries between sections in accordance with section 3(6), v terminate the appointment of a Commissioner in accordance with paragraph 13(4) of schedule 2. 2 The Commission may convene a heritors' meeting for any other purpose at any time. 3 The Commission is to convene a heritors' meeting by giving not less than 10 days' notice to each heritor. 4 A notice convening a heritors' meeting must state the place, date, time and purpose of the meeting. 5 A notice convening a heritors' meeting in accordance with subsection (1)(b) must include the agenda for the meeting of the Commission. 6 The quorum of a heritors' meeting is three heritors. 7 The Clerk may attend a heritors' meeting. Heritor's representative 8 1 A heritor may from time to time appoint a person as the heritor's representative for the purposes of this Act (“a heritor's representative”), by giving notice of the appointment to the Clerk. 2 The heritor may terminate the appointment at any time by giving notice to the Clerk. 3 References in this Act to a heritor include the heritor's representative in place of the heritor except— a in— i section 10, ii section 16, iii the term “heritor's land”, b where the context otherwise requires. Alterations by heritors 9 A resolution is passed in compliance with this section if the heritors who vote for it represent at least 75% of the sum of the chargeable values of all heritors' land. PART 2 Annual Assessments etc. Annual budget and assessments 10 1 Schedule 4 has effect in regard to— a the preparation and confirmation of the budget for each assessment year, and b heritors' rights to make representations on, and to require an independent review of, the draft budget. 2 As soon as practicable after there is a confirmed budget for an assessment year, the Commission must give an assessment notice to each heritor specifying the amount payable by the heritor for the assessment year. 3 The amount payable by a heritor is the rate poundage for the assessment year multiplied by the chargeable value of the heritor's land. 4 The rate poundage for an assessment year is the budget for the assessment year divided by the sum of the chargeable values of each heritor's land. 5 The chargeable value of a heritor's land is calculated in accordance with schedule 5. 6 An assessment notice must include— a a copy of the confirmed budget, b the rate poundage and how it is calculated, and c an explanation of how the amount payable by the heritor is calculated. 7 The heritor must pay the assessment to the Commission by the later of— a the end of the period of 28 days beginning with receipt of the assessment notice, and b the first day of the assessment year to which it applies. 8 No later than two months after the date on which this section comes into force, the Commission must give each heritor a valuation notice specifying the chargeable value of the heritor's land and how it has been calculated. Revaluation of assumed values and base value 11 1 The assumed values, and the base value, per acre used in schedule 5 to calculate the chargeable value of a heritor's land are to be revalued with effect from each tenth anniversary of the commencement of the first assessment year. 2 The Commission is to appoint a surveyor to carry out the revaluation on the basis of the valuation assumptions specified in schedule 5. 3 The surveyor must give notice to each heritor specifying the surveyor's revaluation proposals (“a revaluation proposal”). 4 A heritor may make representations in writing to the surveyor on the revaluation proposal within the period of 28 days beginning on the day the revaluation proposal is notified to the heritor. 5 The surveyor must have regard to heritors' representations under subsection (4) when carrying out the revaluation. 6 Following expiry of the 28-day period, the surveyor is to notify the Commission of the revaluation of the assumed values, and the base value, per acre. 7 Revaluations are to take effect from the commencement of the first assessment year following the carrying out of the revaluations. Amendments to land categories to meet changed circumstances 12 1 The Commission may appoint a surveyor at any time to— a amend a land category used in schedule 5 to meet changed circumstances, b where appropriate, make consequential amendments to the assumed value per acre for that land category. 2 Before making an amendment, the surveyor must give notice to each heritor specifying the proposed amendment (“an amendment proposal”). 3 A heritor may make representations in writing to the surveyor on the amendment proposal within the period of 28 days beginning on the day the amendment proposal is notified to the heritor. 4 The surveyor must have regard to heritors' representations under subsection (3) when making the amendment. 5 Following expiry of the 28-day period, the surveyor is to notify the Commission of the amendments to the land category and any amendment to the assumed values per acre. 6 Amendments are to take effect from the commencement of the first assessment year following the making of the amendments. Surveyor's professional requirements 13 A surveyor appointed under section 11 or 12 must be a member of the Royal Institution of Chartered Surveyors in Scotland or any successor body. Commission may act as surveyor's agent 14 The Commission may choose to act as the surveyor's agent for the purposes of communications between the surveyor and heritors under section 11 and section 12. Land plans 15 1 The Commission must make the land plans available for inspection, free of charge, by any person— a at the Clerk's offices during ordinary office hours, b by electronic means. 2 As soon as practicable after there is a change— a relating to ditches in accordance with section 3(2) or section 3(3), or b in the boundaries between sections of the benefited land in accordance with section 3(6), the Commission must amend the land plans to show the change. Register of Heritors 16 1 The Commission must maintain a Register of Heritors containing, insofar as can be established by reasonable enquiry— a the names and addresses of the heritors, and b plans of the areas within the benefited land owned by each heritor. 2 The following must be notified to the Commission as soon as practicable— a a change in a heritor's name or address, b a person ceasing to be a heritor. 3 Until notice is given under subsection (2)(b), the person who ceased to be a heritor continues to be liable for the amount payable under an assessment notice relating to the benefited land formerly owned by the person. 4 The Commission must make the Register of Heritors available for inspection, free of charge, by any person— a at the Clerk's office during ordinary office hours, b by electronic means. 5 Where this Act requires the Commission to give notice to a heritor, the requirement is met if the Commission gives notice to the person named as such in the Register of Heritors. PART 3 Miscellaneous and General Access 17 1 The Commission, its agents and its contractors may take access, where necessary with plant and vehicles, over the benefited land and the affected land for any purpose connected with the Commission's functions, rights or obligations under this Act. 2 The Commission must— a except in the case of an emergency, give not less than seven days' notice to each owner of land over which access is required, b make good, or pay compensation for, any resulting damage to land or buildings. 3 Access may be taken to a building only with the consent of the owner or occupier of the building. Notice of planning applications 18 For the purposes of section 35(1) of the Town and Country Planning (Scotland) Act 1997, the Commission is to be treated as an owner of the benefited land and the affected land. Consent for activities affecting the Pow and adjacent land etc. 19 1 A person, other than a local authority, must not do any of the following without first obtaining consent from the Commission— a any thing that will or may— i obstruct the Pow, ii limit or restrict access permitted under section 17(1), b discharge any thing into, or abstract water from, the Pow. 2 The procedure for seeking consent is in schedule 6. 3 If a person contravenes subsection (1), the Commission may by notice require the person to— a remedy the contravention within such period as the Commission may specify in the notice, b reimburse the Commission for costs, if any, incurred by the Commission as a consequence of such contravention. 4 Where a person fails to comply with a notice under subsection (3)(a), the Commission may— a remedy the contravention, and b by notice require the person to reimburse the Commission for the costs incurred by the Commission in doing so. 5 Where a notice under subsection (3)(b) or subsection (4)(b) requires costs to be reimbursed to the Commission— a the notice must include a breakdown and explanation of the costs, b the person is to make payment to the Commission within 28 days of receipt of the notice. 6 Except in the case of an emergency, a local authority must give not less than seven days' prior notice to the Commission before doing anything described in subsection (1)(a). In the case of an emergency, the local authority must notify the Commission as soon as reasonably practicable. Liability of persons exercising functions 20 1 A Commissioner is not liable in any civil or criminal proceedings for anything done in the purported exercise of any function of the Commission if acting in good faith. 2 Subsection (1) does not affect the liability of any other person in respect of the thing done. Court proceedings 21 An amount that is due and payable to the Commission under this Act may be sued for and recovered from the person liable to pay it as a debt due to the Commission, by proceedings in the sheriff court. Interest on sums due 22 An amount payable to the Commission under this Act that is not paid by the due date carries interest from the due date at— a the judicial rate, or b such lower rate as the Commission may determine from time to time. Certification of land plans 23 Copies of the land plans certified a true copy by the Clerk shall be admissible in any proceedings as sufficient evidence of the contents of the land plans. Service of notices 24 Schedule 7 makes provision about giving notices. PART 4 Final Provisions Transitional 25 1 The Clerk appointed under the 1846 Act who was serving immediately before this Act receives Royal Assent is to continue as Clerk until replaced by the Commission. 2 Where this Act requires the giving of notice to a heritor at a time before the Register of Heritors has been prepared in accordance with section 16, the Commission is to give the notice to the person who, after reasonable enquiry, it believes to be the heritor. Repeal of the 1846 Act 26 The 1846 Act is repealed. Interpretation 27 In this Act— “ the 1846 Act ” means the Pow of Inchaffray Drainage Act 1846, “ affected land ” means land within six metres of the top of a bank of any part of the Pow, “ assessment year ” means a period of 12 months commencing on 1 April in any year, the first assessment year commencing on the later of 1 April 2019 and the 1 April immediately following the date on which section 2 comes into force, “ associated works ” has the meaning given by section 3(2), “attend”, in the context of a meeting, includes attendance by telephone, by video conference or by such other electronic means as the Clerk may from time to time notify to heritors, “benefited land” is the land drained by the Pow shown coloured on the land plans, “chargeable value” of a heritor's land means the value calculated as provided in schedule 5, “ the Clerk ” means, subject to section 25(1), the Clerk appointed in accordance with paragraph 3 of schedule 1, “ heritor ” means an owner of any part of the benefited land, “ heritor's land ” means the benefited land owned by a heritor, “ heritor's representative ” has the meaning given in section 8, “ judicial rate ” means the rate of interest from time to time prescribed by the Court of Session as being payable under a decree, “ the land plans ” means the plans deposited in the Office of the Clerk of the Parliament on 3 May 2018 or such revised plans as the Commission may from time to time prepare in accordance with this Act, “ the Pow ” has the meaning given by section 3(1), “ Register of Heritors ” means the register maintained by the Commission in accordance with section 16, “ retail price index ” means— the monthly index of retail prices (all items including mortgage interest rates) published by the Office for National Statistics, or in the absence of a monthly index of retail prices, an alternative comparable index determined by an expert appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland, or successor body, at the request of the Commission, “section” of the benefited land means a section described in section 3(4) as shown on the land plans, “ serving Commissioner ” means a Commissioner appointed under the 1846 Act who was serving as such immediately before this Act receives Royal Assent. Commencement 28 1 This Act, except for section 2, comes into force on the day after Royal Assent. 2 Section 2 comes into force at the end of the period of three months beginning with the day of Royal Assent. Short title 29 The short title of this Act is the Pow of Inchaffray Drainage Commission (Scotland) Act 2019. SCHEDULE 1 THE POW OF INCHAFFRAY DRAINAGE COMMISSION (introduced by section 1(2)) Functions 1 1 The functions of the Commission are to— a maintain, repair and renew the Pow, b control fauna and flora within— i the Pow, ii the affected land, c carry out improvements to the Pow and protective works, in so far as the Commission considers necessary or desirable to maintain effective drainage of the benefited land. 2 Where an improvement to the Pow involves widening, or lowering the bed of, a watercourse under a bridge, the Commission must carry out any works necessary to protect the bridge's foundations. General powers 2 1 The Commission may do anything which appears to the Commission— a to be necessary or expedient for the purpose of, or in connection with, the performance of its functions, or b to be otherwise conducive to the performance of its functions. 2 In particular, the Commission may— a enter into contracts, b borrow money. Appointment etc. of Clerk 3 The Commission— a must appoint a Clerk of the Commission on such terms as it thinks fit, b may appoint a Commissioner as Clerk, c may pay the Clerk's fees and expenses, and d may replace the Clerk at any time. Committees 4 1 The Commission may, subject to such conditions and procedures as it determines, delegate any of its functions to a committee comprising Commissioners. 2 Where the Commission delegates functions to a committee, a reference in this Act to the “ Commission ” includes, except where the context otherwise requires, reference to the committee. Advisers and other services 5 The Commission may obtain advice, assistance or any other service from any person who, in the opinion of the Commission, is qualified to give it. 6 The Commission may pay to that person fees and expenses. Proceedings etc. 7 Subject to the provisions of this Act, the Commission may regulate its own procedure. 8 The validity of any act of the Commission is not affected by— a a defect in the appointment of a Commissioner, b a vacancy in the office of Commissioner. Finances, accounts and audit 9 The Commission must— a ensure that the resources of the Commission are used economically, efficiently and effectively, b keep proper accounts and accounting records, and c prepare annual accounts for each assessment year and have them audited. 10 If requested by a heritor, the Commission must provide the heritor with a copy of the audited accounts in printed or electronic form. 11 The Commission may charge a reasonable fee for providing a copy of the audited accounts under paragraph 10. Execution of documents 12 A document is validly executed by the Commission by signature on behalf of the Commission by— a two Commissioners, or b one Commissioner and the Clerk. SCHEDULE 2 COMMISSIONERS (introduced by section 4) Appointment 1 A person appointed as a Commissioner for a section of the benefited land must be either— a a heritor who owns land within that section, or b the heritor's representative of such heritor. 2 A heritor who owns land in more than one section of the benefited land, or the heritor's representative of that heritor, may only be a Commissioner for one section. 3 Except where this Act provides otherwise, the appointment of a Commissioner is to be made at a heritors' meeting held— a in the case of a vacancy other than a vacancy under paragraph 6, within three months of the vacancy occurring, b in the case of a vacancy under paragraph 6 which is not filled by the Commission under paragraph 7, within 12 months of the vacancy arising, and c in any other case not later than one month before the appointment is to take effect. 4 Subject to paragraphs 5 and 6, a Commissioner must be appointed by a majority vote of the heritors attending the meeting who own land within the section of the benefited land to which the appointment relates (“the relevant heritors”). 5 If only one relevant heritor attends the meeting, the heritor may appoint a Commissioner without a vote. 6 Where no Commissioner is appointed under paragraph 4 or 5, the position is to be treated as vacant. 7 The Commission may fill a vacancy under paragraph 6 by appointing a Commissioner for a period of up to 12 months. 8 A vacancy occurring less than three months before the end of a Commissioner's term is to be left unfilled until the end of that term. 9 Except where this Act provides otherwise, a Commissioner is appointed for a term of 10 years. 10 A person appointed to fill a vacancy to which paragraphs 3(a) or 3(b) apply holds office for the remainder of the term of appointment of the Commissioner in whose place the person has been appointed. 11 Subject to paragraph 12, a person who has served as a Commissioner may be reappointed on any number of occasions. 12 A person may not be reappointed as a Commissioner where the person's appointment as a Commissioner has been terminated under paragraph 13(2) unless the Commission is satisfied the grounds for the person's termination no longer apply. Early termination of appointment as Commissioner 13 1 A Commissioner may resign by giving notice to the Commission. 2 The Commission may, by giving notice to the Commissioner, terminate a Commissioner's appointment if— a the Commissioner has been absent from two or more consecutive meetings of the Commission without the permission of the Commission, b the Commission considers that the Commissioner is— i unable to perform the functions of a Commissioner, or ii unsuitable to continue as a Commissioner. 3 For the purposes of sub-paragraph (2)(a)— a a meeting of the Commission includes a meeting of a committee of the Commission of which the Commissioner is a member, and b permission of the Commission includes permission of the committee where the committee meeting consists of three or more Commissioners. 4 A Commissioner's appointment may be terminated with immediate effect by a majority vote of heritors attending a meeting convened under section 7(1)(c)(v) who own land within the section of the benefited land to which the appointment relates. 5 The Commission must, by giving notice to the Commissioner, terminate a Commissioner's appointment if the Commissioner or, where the Commissioner is a heritor's representative, the heritor the Commissioner represents, has ceased to be a heritor. SCHEDULE 3 MEETINGS OF THE COMMISSION (introduced by section 6) Meetings 1 The Commission must hold at least two general business meetings in any calendar year, and may hold additional meetings as required. 2 A Commissioner may authorise another person to attend a meeting and vote on behalf of the Commissioner, having given prior notification to the Clerk. 3 1 The Clerk must give each Commissioner prior notice of each meeting stating the place, date, time and agenda. 2 In the case of a general business meeting, notice under sub-paragraph (1) must be given not less than 20 days before the meeting. 4 The quorum of a meeting of the Commission is five Commissioners. For this purpose, “ Commissioner ” includes a person authorised under paragraph 2. 5 A decision of the Commission must be made by a resolution passed unanimously by, or by a majority of, the Commissioners attending the meeting. If votes on any resolution are equal, the Commissioner chairing the meeting is to decide whether or not the resolution is passed. Conflicts of interest 6 1 A Commissioner must avoid a situation in which the Commissioner has, or may have, a direct or indirect interest that conflicts, or may conflict, with the interests of the Commission. 2 Sub-paragraph (1) applies in particular to the exploitation of any property, information or opportunity (and it is immaterial whether the Commission could take advantage of the property, information or opportunity). 3 The duty under sub-paragraph (1) is not infringed— a if the situation cannot reasonably be regarded as likely to give rise to a conflict of interest, or b if the matter giving rise to a situation under sub-paragraph (1) has been authorised by the Commission. 4 Authorisation by the Commission is effective only if— a any requirement as to the quorum at the meeting at which the matter is considered is met without counting the Commissioner in question, and b the matter was agreed to without the Commissioner voting or would have been agreed to if the Commissioner's vote had not been counted. 7 1 A Commissioner must not accept a benefit from a third party conferred by reason of the Commissioner— a being a Commissioner, or b doing (or not doing) anything as Commissioner. 2 A “ third party ” means a person other than the Commission or a person acting on behalf of the Commission. 3 Benefits received by a Commissioner from a person by whom the Commissioner's services (as a Commissioner or otherwise) are provided to the Commission are not regarded as conferred by a third party. 4 The duty under sub-paragraph (1) is not infringed if the acceptance of the benefit cannot reasonably be regarded as likely to give rise to a conflict of interest. 8 1 If a Commissioner is in any way, directly or indirectly, interested in a proposed transaction or arrangement with the Commission, the Commissioner must declare the nature and extent of that interest to the other Commissioners. 2 The declaration may (but need not) be made— a at a meeting of the Commission, or b by notice to the Commission. 3 If a declaration of interest under this paragraph proves to be, or becomes, inaccurate or incomplete, a further declaration must be made. 4 Any declaration required by this paragraph must be made before the Commission enters into the transaction or arrangement. 5 This paragraph does not require a declaration of an interest of which the Commissioner is not aware. For this purpose, a Commissioner is treated as being aware of matters of which the Commissioner ought reasonably to be aware. 6 A Commissioner need not declare an interest under sub-paragraph (1) if it cannot reasonably be regarded as likely to give rise to a conflict of interest. Records of resolutions 9 The Clerk must prepare a record of the resolutions passed at each meeting of the Commission or at a committee of the Commission and must provide a copy of the record to a heritor if requested. SCHEDULE 4 PREPARATION OF ANNUAL BUDGETS AND HERITORS' RIGHTS TO REQUIRE REVIEW ETC. (introduced by section 10(1)) Preparation of draft budget and provisional assessment notice 1 Before the beginning of each assessment year, the Commission must prepare a draft budget of the expenditure it expects to incur in carrying out its functions for, subject to paragraph 2, that assessment year. 2 The budget— a must allow for any anticipated surplus or shortfall from the previous assessment year, and b may include provision for a reserve fund to cover extraordinary expenditure. 3 Promotion costs not recovered from heritors through assessments under the 1846 Act are to be included in the budgets for the first three assessment years. 4 “ Promotion costs ” means costs, fees and expenses incurred by the Commission (whether before or after its incorporation by this Act), in connection with promotion of the Bill for this Act. 5 As soon as practicable after the draft budget is prepared, the Commission must give a provisional assessment notice to each heritor, specifying the amount that would be payable by the heritor for the assessment year under section 10(2) if based on the draft budget. 6 The provisional assessment notice must include— a a copy of the draft budget, b the rate poundage and how it is calculated, c an explanation of how the amount that would be payable by the heritor is calculated, and d a statement that the heritor may under paragraph 7 make written representations to the Commission on the draft budget and the time limit for doing so. Right of heritors to make representations and to require a review 7 A heritor may make written representations on the draft budget to the Commission no later than the period of 21 days beginning on the date of service of the provisional assessment notice. 8 If written representations are made under paragraph 7, the Commission must consider the representations and decide— a not to amend the draft budget, or b to amend the draft budget. 9 The Commission must notify all heritors of its decision under paragraph 8 and the reasons for its decision. 10 Where the draft budget is amended, the notice must specify the amount that would be payable by the heritor for the assessment year under section 10(2) if based on the amended draft budget and must include— a a copy of the amended draft budget, b the rate poundage and how it is calculated, and c an explanation of how the amount that would be payable by the heritor is calculated. 11 A notice under paragraph 9 must also include a statement explaining the budget review provisions set out in paragraphs 13 to 15. 12 Where a heritor has made representations, the notice to the heritor under paragraph 9 must be accompanied by the Commission's response to the heritor's representations. Independent review 13 No later than 14 days after the date on which heritors have been notified under paragraph 9— a 10 or more heritors, or b one or more heritors (where the amount of the confirmed draft budget exceeds the budget review threshold), may notify the Commission in writing that they require the draft budget to be independently reviewed. 14 The budget review threshold is— a for the first assessment year, £60,000, b for each subsequent assessment year, the budget review threshold for the previous assessment year, adjusted by the percentage increase in the retail price index during the 12 month period ending on 31 December in the previous assessment year. 15 No later than 14 days after service of a notice under paragraph 13, the Commission must refer the draft budget for determination by an expert to be appointed by— a the Association of Drainage Authorities or any successor body, b where an expert cannot be appointed under sub-paragraph (a), the Royal Institution of Chartered Surveyors in Scotland or any successor body. Confirmed budget 16 For the purposes of section 10, the confirmed budget is— a where no independent review has been carried out, the draft budget notified to heritors— i under paragraph 5, or ii if amended, under paragraph 9, or b where an independent review has been carried out, the draft budget finalised by the Commission in accordance with the expert's determination and including the costs of the reference to the expert. SCHEDULE 5 CALCULATION OF CHARGEABLE VALUES (introduced by section 10(5)) 1 Subject to paragraph 7, in the case of residential property, the chargeable value of a heritor's land is the enhanced acreage value of the land multiplied by the acreage of the heritor's land within the benefited land. 2 The enhanced acreage value is the assumed value per acre for the relevant category of land less the base value per acre. 3 Subject to sections 11 and 12— a the base value for a land category is £500 per acre, b the assumed value for a land category per acre is as shown in the following table— Land category Assumed value per acre Valuation assumptions Agricultural, Land Class 2 £6,000 Value disregards improvements to land not carried out under the Pow Acts. Agricultural, Land Class 3.1 £5,500 Value disregards improvements to land not carried out under the Pow Acts. Agricultural, Land Class 3.2 £4,500 Value disregards improvements to land not carried out under the Pow Acts. Agricultural, Land Class 4 £3,000 Value disregards improvements to land not carried out under the Pow Acts. Agricultural, Land Class 5 £2,500 Value disregards improvements to land not carried out under the Pow Acts. Woodland £600 Value disregards timber crop and improvements to land not carried under the Pow Acts. Amenity land £500 Value disregards improvements to land not carried out under the Pow Acts. Commercial use £50,000 Value disregards improvements to land not carried out under the Pow Acts. Residential use £300,000 Value assumes unserviced and unbuilt plot with planning consent for residential use. 4 In the table in paragraph 3, “Land Classes” are as provided in the Macaulay Land Capability for Agriculture (LCA) classification or successor land classification system at the date of valuation. 5 Where a heritor's land falls into more than one land category, a separate chargeable value calculation is made for each category. The chargeable value of that heritor's land is the total of the individually calculated values. 6 Where a residential property is divided into two or more units, each unit is to be treated as a separate unit of heritor's land. The chargeable value for each such unit will be the chargeable value for the land on which the property is built, calculated under paragraph 1, divided by the number of units. 7 Where the land category of a heritor's land, or a part of a heritor's land, changes during an assessment year, the new category will apply from the commencement of the next assessment year, irrespective of when the change occurs. If a change occurs as a result of building works, the change will be deemed to have occurred on the date of completion of the building works. 8 For the purposes of section 11(2), the valuation assumptions specified in this schedule are— a in the case of land categories, the valuation assumptions in the table at paragraph 3, b in the case of the base value, the assumption that no works have been carried out under the Pow Acts. 9 In this schedule, “the Pow Acts” mean this Act, the 1846 Act and the Act of the Parliament of Scotland of 1696 which it repealed, entitled ‘An Act in favours of the Heritors adjacent to the Pow of Inchaffray’. SCHEDULE 6 CONSENTS: PROCEDURE (introduced by section 19(2)) 1 An application for consent must be made in writing to the Commission and must be accompanied by details of the applicant's proposal. The Commission may charge a reasonable fee for considering the application. 2 The applicant must supply such further information that the Commission reasonably requires. 3 The Commission may either— a grant the consent on such terms (if any) as it thinks fit, or b refuse consent. 4 If the Commission has not made a decision on the application within three months from the date on which an application is made, or (if later) the date on which the applicant supplied information requested under paragraph 2, the Commission is to be deemed to have granted consent. SCHEDULE 7 SERVICE OF NOTICE (introduced by section 24) 1 A notice to be given to a person for the purposes of this Act (whether the expression “serve”, “give”, “send” or any other expression is used) must be in writing and be sent to the person or the person's agent by— a personal delivery, b post sent to the person's proper address, or c in a case where an address for service of a notice of the kind in question (or of notices generally) using electronic means has been given by the person on whom the notice is to be served, electronic transmission to that address. 2 For the purposes of paragraph 1(b), the proper address of a person is— a in the case of a body corporate, the address of the registered or principal office of the body, b in the case of a partnership, the address of the principal office of the partnership, c in any other case, the last known address of the person. 3 A notice is duly served on— a a body corporate other than a limited liability partnership, if served on the secretary or clerk of that body, b a limited liability partnership, if served on a member of the partnership, c a partnership other than a limited liability partnership, if served on a member of the partnership or on a person having the control or management of the partnership business. 4 Where a notice is to be served on a person as having an interest in, or as the occupier of, land and the person's name or address cannot be ascertained after reasonable inquiry, for the purposes of this Act the notice may be served by— a addressing it to the person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and b leaving it either— i in the hands of a person who is, or appears to be, resident or employed on the land, or ii conspicuously affixed to some building or object on the land. 5 A notice is to be taken to have been served— a if sent by post to an address in the United Kingdom, 48 hours after it is sent, and b if sent by electronic transmission, on the day of transmission, unless the contrary is shown.
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[uk-legislation-asp][asp] 2024-05-04 Scottish Crown Estate Act 2019
http://www.legislation.gov.uk/asp/2019/1/2021-09-27
http://www.legislation.gov.uk/asp/2019/1/2021-09-27 Scottish Crown Estate Act 2019 An Act of the Scottish Parliament to rename Crown Estate Scotland (Interim Management); to make provision about the management of the Scottish Crown Estate; and for connected purposes. text text/xml en Statute Law Database 2021-11-15 Expert Participation 2021-09-27 Scottish Crown Estate Act 2019 2019 asp 1 An Act of the Scottish Parliament to rename Crown Estate Scotland (Interim Management); to make provision about the management of the Scottish Crown Estate; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 21st November 2018 and received Royal Assent on 15th January 2019 Part 1 Crown Estate Scotland Crown Estate Scotland 1 1 Crown Estate Scotland (Interim Management) (in Gaelic, Oighreachd a' Chrùin Alba (Stiùireadh Eadar-amail)) is renamed and is to be known as Crown Estate Scotland (in Gaelic, Oighreachd a' Chrùin Alba). 2 Any reference in any enactment to Crown Estate Scotland (Interim Management) is, unless the contrary intention appears, to be construed as a reference to Crown Estate Scotland. 3 Schedule 1 makes further provision in consequence of this section. Part 2 Changes in management of Scottish Crown Estate assets Meaning of “Scottish Crown Estate”, “asset” and “manager” 2 In this Act— “ Scottish Crown Estate ” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies, “ asset ”, in relation to the Scottish Crown Estate, means any property, right or interest forming part of the Scottish Crown Estate, other than money or investments, “ manager ” means a person who, for the time being, has the function of managing one or more Scottish Crown Estate assets on behalf of the Crown. Transfer of management function 3 1 The Scottish Ministers may by regulations make provision for or in connection with the transfer of— a the function of managing a Scottish Crown Estate asset from the manager of the asset to another person mentioned in subsection (2) (“ the transferee ”), b any right or liability the manager has in relation to the asset to— i the transferee, ii another person mentioned in subsection (2). 2 The persons referred to in subsection (1)(a) and (b)(ii) are— a the Scottish Ministers, b Crown Estate Scotland, c a local authority, d another Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998), e a Scottish harbour authority, f a community organisation. 3 Regulations under— a subsection (1)(a) may include provision— i restricting the exercise of the function by the transferee, ii about the management of records relating to the exercise of the transferee's functions as a manager, b subsection (1)(b) may transfer different rights or liabilities to different persons. 4 Where the transferee is a community organisation, regulations under subsection (1) may— a provide that, if the transferee ceases to exist, the function of managing a Scottish Crown Estate asset, and any rights or liabilities the transferee has in relation to such an asset or former asset, are to transfer to another person mentioned in subsection (2), b require the transferee to notify the Scottish Ministers of any proposed change to its constitution which would result in the transferee ceasing to be a community organisation, c require a court or a person specified in the regulations to notify the Scottish Ministers of any application made to the court or person which, if granted, would result in the transferee— i ceasing to exist, or ii ceasing to be a community organisation, d make such other provision in connection with the transferee ceasing to exist or to be a community organisation as the Scottish Ministers consider appropriate. 5 Where the transferee is a Scottish harbour authority, regulations under subsection (1) may— a provide that, if the transferee ceases to exist, the function of managing a Scottish Crown Estate asset, and any rights or liabilities the transferee has in relation to such an asset or former asset, are to transfer to another person mentioned in subsection (2), b require a court or a person specified in the regulations to notify the Scottish Ministers of any application made to the court or person which, if granted, would result in the transferee ceasing to exist, c make such other provision in connection with the transferee ceasing to exist as the Scottish Ministers consider appropriate. 6 Before making regulations under subsection (1), the Scottish Ministers must consult— a each person from or to whom the regulations would (if made) transfer a function, right or liability, b such other persons as the Scottish Ministers consider appropriate. 7 Regulations under subsection (1) may modify any enactment. 8 In subsection (3)(a)(ii), “ management ” includes keeping, storage, securing, archiving, preservation, destruction or other disposal. Directions requiring delegation of management function 4 1 The Scottish Ministers may direct the manager of a Scottish Crown Estate asset to delegate the function of managing the asset to another person mentioned in section 3(2)(c), (d), (e) or (f). 2 Subsection (1) does not apply where the manager is— a the Scottish Ministers, b a Scottish harbour authority, c a community organisation. 3 A direction under subsection (1) must— a be in writing, b set out— i the person to whom the function is to be delegated, ii any terms and conditions on which the function must be delegated. 4 Before giving a direction under subsection (1), the Scottish Ministers must consult— a the manager to whom the direction is to be given, b the person to whom the function is to be delegated, c such other persons as the Scottish Ministers consider appropriate. 5 A direction under subsection (1) may— a be given only with the consent of the person to whom the function is to be delegated, b be revised or revoked by the Scottish Ministers at any time before they consent to the terms and conditions on which the function is to be delegated under section 5(6)(b). 6 Subsections (4) and (5)(a) apply to the revision or revocation of a direction under subsection (1) as they apply to such a direction. 7 The Scottish Ministers must publish, in such manner as they consider appropriate— a any direction given under subsection (1), or revised under subsection (5)(b), b notice of any revocation of such a direction under subsection (5)(b). 8 A direction or revised direction may be published in whole or in part, but the following information must not be withheld from publication— a the manager to whom it was given, b the asset to which it relates, c the person to whom the function is to be delegated. Delegation agreements 5 1 The manager of a Scottish Crown Estate asset (other than the Scottish Ministers) may delegate the function of managing the asset only if directed to do so by the Scottish Ministers under section 4(1). 2 Where the Scottish Ministers are the manager of a Scottish Crown Estate asset, they may delegate the function of managing the asset to— a Crown Estate Scotland, b a local authority, c another Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998), d a Scottish harbour authority, e a community organisation. 3 Delegation of the function of managing a Scottish Crown Estate asset is to be given effect to by an agreement in writing between the manager of the asset and the person to whom the function is to be delegated. 4 That agreement must set out the period for which, and other terms and conditions on which, the function is delegated. 5 The terms and conditions may, in particular, provide for— a restrictions on the exercise of the function by the person to whom it is delegated, b circumstances in which the agreement may, or is to, be terminated. 6 Where the manager is not the Scottish Ministers— a the terms and conditions of a delegation agreement must include any terms and conditions set out in the direction in pursuance of which the agreement is made, b the Scottish Ministers must consent to the terms and conditions (and a purported delegation without that consent has no effect). 7 Except to the extent that the delegation agreement provides otherwise— a the person to whom the function of managing the asset is delegated is to be treated as, and has all of the powers and duties from time to time applying to, the manager of the asset for all purposes (other than those of this Part), b the function is not exercisable by the manager of the asset (and the manager is not responsible for its exercise). Meaning of “community organisation” and “Scottish harbour authority” 6 1 In this Part, a “community organisation” is— a a body corporate (other than a Scottish public authority) which— i relates to a community, and ii has a written constitution which includes the matters mentioned in subsection (2), or b a body corporate designated as a community organisation, or falling within a class of bodies designated as community organisations, for the purposes of this Act by the Scottish Ministers by regulations. 2 The matters referred to in subsection (1)(a)(ii) are— a provision that the body must have no fewer than 20 members, b a definition of the community to which the body relates, c provision that the majority of the members of the body is to consist of members of that community, d provision that the members of the body who consist of members of that community have control of the body, e provision that membership of the body is open to any member of that community, and f a statement of the body's aims and purposes, including the promotion of a benefit for that community. 3 In this Part, “ Scottish harbour authority ” means a harbour authority in relation to a harbour in Scotland. 4 In subsection (3), “harbour authority” and “harbour” have the meanings given in section 57(1) of the Harbours Act 1964 (interpretation). Part 3 Management of Scottish Crown Estate assets Managers' powers and duties Duty to maintain and enhance value 7 1 The manager of one or more Scottish Crown Estate assets must maintain and seek to enhance— a the value of the assets, and b the income arising from them. 2 In complying with the duty under subsection (1), the manager must— a act in the way best calculated to further the achievement of sustainable development in Scotland, and b seek to manage the assets in a way that is likely to contribute to the promotion or the improvement in Scotland of— i economic development, ii regeneration, iii social wellbeing, iv environmental wellbeing. Power to act as owner 8 1 The manager of a Scottish Crown Estate asset may do anything on behalf of the Crown in respect of the asset that the Crown could do as owner of the asset. 2 The manager may hold the asset on behalf of the Crown if— a the asset cannot vest in the Crown, or b the manager is satisfied that it is more convenient for the asset to vest in the manager than to vest in the Crown. 3 The manager may— a transfer ownership of the asset, b acquire land on behalf of the Crown. 4 When the manager acquires land on behalf of the Crown, the land becomes a Scottish Crown Estate asset which is managed by that manager. 5 This section— a is subject to any restriction placed on the powers of the manager by this Act or any provision made under it, or any other enactment relating to Scottish Crown Estate assets, but b is not subject to any other restriction on the powers of the person who is the manager which would not also apply to the powers of the Crown as owner of the asset. 6 Where the consent of the Scottish Ministers is required by this Act, or any provision made under it, for the transfer of ownership, or acquisition, of a Scottish Crown Estate asset, any such transfer or acquisition made without that consent is void. 7 In subsections (3) and (4), “ land ” includes buildings and other structures, land covered with water, and any right or interest in or over land. Transactions on behalf of Her Majesty 9 1 The manager of a Scottish Crown Estate asset may enter into a transaction in relation to the asset in the same manner, and with the same formalities, as if the manager were acting on behalf of a person other than Her Majesty. 2 A document relating to the asset which is executed by the manager in the name of Her Majesty is to be construed, and may be registered, as if the manager were acting on behalf of a person other than Her Majesty. 3 In subsection (2), “ registered ” means— a recorded in the Register of Sasines, b registered in the Land Register of Scotland, or c registered for execution or preservation in the Books of Council and Session or in sheriff court books. 4 The Scottish Ministers may by regulations modify the definition of “registered” in subsection (3). Disposals requiring Ministerial consent 10 1 Where subsection (2) or (3) applies, the manager of a Scottish Crown Estate asset (other than the Scottish Ministers) may transfer ownership of the asset only with the consent of the Scottish Ministers. 2 This subsection applies where, as a result of the transfer, the manager would no longer manage any Scottish Crown Estate assets. 3 This subsection applies where the asset is or includes a portion of the seabed (that is, the bed and subsoil of the sea within the Scottish marine area). 4 In subsection (3)— “ Scottish marine area ” is to be construed in accordance with section 1 of the Marine (Scotland) Act 2010, “ sea ” is to be construed in accordance with section 2 of that Act. Duty to obtain market value 11 1 The manager of a Scottish Crown Estate asset must not make any of the following transactions (“a relevant transaction”) for consideration of less than market value— a a transfer of ownership of the asset, b a grant of a lease of the asset, c a grant of any other right in or over the asset. 2 Despite subsection (1), the manager may make a relevant transaction for consideration of less than market value (including for no consideration) if the manager is satisfied that the relevant transaction is likely to contribute to the promotion or the improvement in Scotland of— a economic development, b regeneration, c social wellbeing, d environmental wellbeing, or e sustainable development. 3 In deciding whether to make a relevant transaction for consideration of less than market value, the manager must have regard to the likely effect of the transaction on the value of the Scottish Crown Estate as a whole. 4 Subsection (1) does not apply where the manager makes a relevant transaction— a for the purpose of complying with an obligation enforceable against the Crown or against the manager, b in pursuance of paragraph 3(2) or 4(2) of Part 1 of schedule 4 of the Crown Estate Transfer Scheme. Meaning of “market value” 12 1 In section 11, “ market value ” means the estimated amount which it would be reasonable to pay in respect of a relevant transaction based on the assumption that the transaction is agreed to— a on the day on which the determination of the estimated amount is made, b on an arm's-length basis, c after proper marketing, d between parties each of whom has acted knowledgeably, prudently and willingly, e on a day on which a person other than a manager is offering to make a transaction equivalent to the relevant transaction in relation to an asset which is similar to the asset to which the relevant transaction relates, and f where the relevant transaction is a grant of a lease, on appropriate terms of lease. 2 But where a manager enters into an agreement under which a relevant transaction may or is to occur more than 10 years after the day on which the agreement is entered into— a subsection (1)(a) does not apply, and b the estimated amount is to be determined on the day on which the relevant transaction may or is to occur. 3 In the application of section 11 to a relevant transaction made in pursuance of— a an agreement within the meaning of paragraph 15 of Part 3 of schedule 4 of the Crown Estate Transfer Scheme, “ market value ” has the meaning given in that paragraph, b an agreement within the meaning of paragraph 25(1) of Part 4 of that schedule, “ market value ” has the meaning given in that paragraph. 4 The Scottish Ministers may by regulations modify— a the definition of “market value” in subsection (1), b the application of that definition in subsection (2). 5 In this section, “ relevant transaction ” is to be construed in accordance with section 11(1). Directions about rent and other charges 13 1 The Scottish Ministers may, in a direction under section 37(1), specify— a the amounts that managers may charge— i by way of rent for the lease of Scottish Crown Estate assets, ii in connection with any other agreement for the use of the assets, or b how those amounts are to be calculated. 2 In particular, the Scottish Ministers may specify— a minimum and maximum amounts that may be charged, b different amounts, or methods of calculating them, for assets of different descriptions. 3 Where a direction made in pursuance of subsection (1) applies to the lease of, or (as the case may be) other agreement for the use of, an asset— a section 11 does not apply in relation to the lease or agreement, and b the manager of the asset may charge an amount other than an amount specified in, or calculated in accordance with, the direction only with the consent of the Scottish Ministers, and the lease or other agreement is void if entered into without that consent. 4 The Scottish Ministers may not make a direction in pursuance of subsection (1) in relation to— a an agreement within the meaning of— i paragraph 15 of Part 3 of schedule 4 of the Crown Estate Transfer Scheme, ii paragraph 25(1) of Part 4 of that schedule, b an agreement under paragraph 64(1) of schedule 3A of the Communications Act 2003. Maximum period of leases etc. 14 1 The manager of a Scottish Crown Estate asset may not grant a lease or other right in or over the asset for a period of more than 150 years, and any such lease or other right granted by the manager is void. 2 Subsection (1) does not apply where the manager grants the lease or other right for the purpose of complying with an obligation enforceable against the Crown or against the manager. Restriction on removal of wild kelp from seabed 15 1 The manager of a Scottish Crown Estate asset must not grant a right to remove wild kelp from the seabed (that is, the bed and subsoil of the sea within the Scottish marine area) if either subsection (2) or (3) applies. 2 This subsection applies if— a removal of the kelp would inhibit the regrowth of the individual plant, and b the kelp removed is intended for commercial use. 3 This subsection applies if— a removal of the wild kelp is a licensable marine activity, and b the Scottish Ministers have not granted a marine licence for that removal. 4 A right granted by a manager in contravention of subsection (1) is void. 5 In this section— “ licensable marine activity ” is to be construed in accordance with section 21 of the Marine (Scotland) Act 2010, “ marine licence ” means a licence granted under Part 4 of that Act, “ Scottish marine area ” is to be construed in accordance with section 1 of that Act, “ sea ” is to be construed in accordance with section 2 of that Act, “ wild kelp ” means any of the following— Laminaria hyperborea, Laminaria digitata, Saccharina latissima, Saccorhiza polyschides, Alaria esculenta. Rights and liabilities 16 1 A manager is to meet its liabilities from the accounts it keeps under section 28. 2 The Scottish Ministers may by regulations make provision for the transfer of a right or liability from a manager to another manager. 3 Regulations under subsection (2) may modify any enactment. 4 In this section, references to rights and liabilities are to rights and liabilities in relation to— a a Scottish Crown Estate asset, b a former Scottish Crown Estate asset, c a historic Scottish asset, within the meaning of paragraph 1 of schedule 2 of the Crown Estate Transfer Scheme. Prohibition on securities 17 The manager of a Scottish Crown Estate asset may not grant a heritable security over the asset, and any such security granted by the manager is void. Investment of money 18 A manager may invest a sum of money— a from the manager's capital account only if it is invested— i in the name of the manager, in a heritable security in Scotland or in a security over land in the rest of the United Kingdom, ii in the name of the manager, in an interest-bearing account, iii in an investment of such other description as the Scottish Ministers may specify in a direction under section 37(1), b from the manager's income account only if it is invested in the name of the manager in an interest-bearing account. Charitable donation 19 1 A manager may make charitable donations from the manager's income account. 2 A “charitable donation” is a payment of a sum of money to such person as the manager considers appropriate for a charitable purpose which provides public benefit in Scotland. 3 In subsection (2), “ charitable purpose ” is to be construed in accordance with section 7(2) of the Charities and Trustee Investment (Scotland) Act 2005. Transparency and accountability 20 1 A manager must, so far as reasonably practicable, exercise its functions in a way which— a is transparent and accountable, and b is consistent with any other principle of good governance which appears to the manager to constitute best practice. 2 Subsection (1) does not apply to Crown Estate Scotland (but see article 4 of the Crown Estate Scotland Order). Equalities 21 1 A manager must exercise its functions in a way which encourages equal opportunities and, in particular, the observance of the equal opportunity requirements. 2 In subsection (1), “ equal opportunities ” and “ equal opportunity requirements ” have the same meanings as in Section L2 (equal opportunities) of Part 2 of schedule 5 of the Scotland Act 1998. Planning and reporting Strategic management plan 22 1 The Scottish Ministers must prepare a plan for the management of the Scottish Crown Estate. 2 The plan must set out the Scottish Ministers'— a objectives, priorities and policies in relation to the management of the Estate (including the acquisition of new assets), and b assessment of how those objectives, priorities and policies align with the Scottish Ministers' other objectives, priorities and policies. 3 The plan may contain such other information about the Estate and its management as the Scottish Ministers consider appropriate. 4 When preparing the plan, the Scottish Ministers must consult— a each manager, b such other persons as they consider appropriate. 5 A manager must have regard to the plan when— a preparing a management plan, b exercising any of the manager's other functions. 6 The Scottish Ministers must— a lay a copy of the plan before the Scottish Parliament, and b publish the plan in such manner as they consider appropriate as soon as reasonably practicable after a copy of it is laid before the Parliament. 7 In subsection (5)(a), “ management plan ” means— a where the manager is Crown Estate Scotland, a plan prepared under article 19(1) of the Crown Estate Scotland Order, b otherwise, a plan prepared under section 24(1). Review of strategic plan 23 1 The Scottish Ministers must, not later than the end of each 5 year period, review the plan prepared under section 22(1). 2 Following such a review, the Scottish Ministers must either— a revise the plan, or b lay a statement before the Scottish Parliament indicating that they consider that the plan should not be revised. 3 Section 22(2) to (6) applies to a revised plan as it applies to the plan prepared under subsection (1) of that section. 4 In subsection (1), “ 5 year period ” means— a the period of 5 years beginning with the day on which the plan prepared under section 22(1) is laid before the Parliament, and b each subsequent period of 5 years beginning with the day on which— i a copy of a revised plan is laid before the Scottish Parliament, or (as the case may be) ii a statement is so laid under subsection (2)(b). Management plans 24 1 A manager of one or more Scottish Crown Estate assets must prepare plans for the management of the assets. 2 Each plan is to cover a period of 3 years. 3 Each plan must set out— a the manager's objectives for the period to which the plan relates, b the activities that the manager proposes to undertake during that period in pursuit of the objectives, c any risks associated with those activities, d outcomes against which the achievement of the objectives may be assessed, e how the manager proposes to maintain, and seek to enhance the value of, Scottish Crown Estate assets and the income arising from them during that period, and f whether the manager proposes to dispose of any Scottish Crown Estate assets during that period and, if so, how the manager proposes to use any proceeds of the disposal. 4 This section and section 25 do not apply to Crown Estate Scotland (but see article 19 of the Crown Estate Scotland Order). Preparation and revision of management plans 25 1 A manager must— a prepare a plan under section 24(1) as soon as reasonably practicable after becoming a manager, b submit that plan to the Scottish Ministers as soon as reasonably practicable after it is prepared, c submit each subsequent plan prepared under that section to the Scottish Ministers no later than 3 months before the start of the period to which the plan relates. 2 The Scottish Ministers may— a approve a plan without modification, b approve a plan with modifications agreed with the manager, or c reject a plan. 3 If the Scottish Ministers reject a plan, the manager must submit a revised plan to the Scottish Ministers within such period as the Scottish Ministers direct. 4 When the Scottish Ministers approve a plan under subsection (2)(a) or (b), the manager must publish it as approved in such manner as the manager considers appropriate as soon as reasonably practicable after it is approved. 5 The manager— a may revise a plan from time to time, b must do so if— i the function of managing a Scottish Crown Estate asset is transferred to or from the manager in regulations made under section 3(1), ii such a function is delegated to or by the manager under section 5, or iii the delegation of such a function to or by the manager under that section ceases to have effect, c must submit any revised plan to the Scottish Ministers. 6 Subsections (2) to (4) apply to a revised plan submitted under subsection (3) or (5)(c) as they apply to a plan submitted under subsection (1). 7 Where the Scottish Ministers are the manager— a subsections (1)(b) and (c), (2), (3), (4), (5)(c) and (6) do not apply, b the Scottish Ministers must publish a plan (including a revised plan) in such manner as they consider appropriate as soon as reasonably practicable after the plan is prepared. Annual report 26 1 A manager of one or more Scottish Crown Estate assets must prepare in respect of each financial year a report on its management of the assets during that year. 2 The report must, in particular, include an assessment of how the manager's activities during the financial year have contributed to the meeting of its objectives for that year. 3 For the purposes of subsection (2), a manager's objectives for the financial year are its objectives as set out in a plan prepared under section 24(1) for a period which includes all or part of that year. 4 The report must include a list of any directions given to the manager, or revised or revoked, during the financial year by— a the Scottish Ministers under section 37(1), b the Secretary of State under the Crown Estate Transfer Scheme. 5 But a direction given, revised or revoked by the Secretary of State is not to be included in the list, or otherwise mentioned in the report, if the Secretary of State so notifies the manager. 6 Otherwise, it is for the manager to determine the form and content of the report. 7 A manager (other than the Scottish Ministers) must send a copy of its report to the Scottish Ministers no later than 3 months after the end of the financial year to which the report relates. 8 This section does not apply to Crown Estate Scotland (but see article 18 of the Crown Estate Scotland Order). Laying and publication of annual reports 27 1 The Scottish Ministers must lay a copy of each annual report before the Scottish Parliament. 2 They may do so by laying before the Parliament a copy of— a a consolidated report comprising two or more annual reports, or b an individual annual report. 3 The Scottish Ministers must publish each consolidated or annual report in such manner as they consider appropriate as soon as reasonably practicable after a copy of it is laid before the Parliament. 4 A manager must not publish its report prepared under section 26(1) until a copy of it has been laid before the Parliament. 5 In this section, “ annual report ” means a report prepared under— a section 26(1), or b article 18(1)(a) of the Crown Estate Scotland Order. Financial matters Separation of income and capital 28 1 A manager must— a keep any money held by the manager which forms part of the Scottish Crown Estate in an income account and a capital account, b apportion that money as appropriate between those accounts, and c keep those accounts separate from any other accounts kept by the manager. 2 In this Act, references to— a an income account are references to an income account kept under subsection (1), b a capital account are references to a capital account kept under that subsection. Transfer of sums between income and capital accounts 29 1 Subsections (2) to (5) apply to managers other than the Scottish Ministers. 2 A manager may, if the Scottish Ministers so direct under section 37(1), transfer a sum of money from the manager's income account to the manager's capital account. 3 The Scottish Ministers must specify in the direction— a the maximum sum that may be so transferred, or b how that sum is to be calculated. 4 A manager may transfer any other sum of money (“the transferred sum”) from the manager's income account to the manager's capital account subject to the repayment rule. 5 The repayment rule is that— a the manager must, in the same financial year as the transferred sum was transferred to the manager's capital account, transfer one or more sums of money (“repayment sums”) from the manager's capital account to the manager's income account, and b the total amount of the repayment sums must be equal to the amount of the transferred sum. 6 Where the Scottish Ministers are a manager, they may transfer such sums as they consider appropriate— a from their income account to their capital account, b from their capital account to their income account. Treatment of certain sums 30 1 The manager of a Scottish Crown Estate asset must carry any sum of money received by the manager by way of a premium on the grant of a lease of the asset— a to the manager's income account, if the lease is granted for a period of 20 years or less, b to the manager's capital account, if the lease is granted for a period of over 20 years. 2 Subsections (3) and (4) apply in relation to— a any gross annual income received in relation to a Scottish Crown Estate asset by the manager of the asset from or in connection with a mining lease or the working of mines or minerals, b any expenses incurred in relation to the asset by the manager in connection with such a lease or working. 3 The manager must carry that income, and charge those expenses, to the manager's income account and capital account in such proportions as the Scottish Ministers specify in a direction under section 37(1). 4 But where the Scottish Ministers are the manager, they must carry that income, and charge those expenses, to their income account and capital account in such proportions as they may determine. 5 Where the Scottish Ministers make a loan to a manager, the manager must make any repayments of the loan, and any payments of interest on the loan, from the account to which the manager carries the sum of money received under the loan. Transfer of funds between managers 31 1 A manager may transfer a sum of money— a from the manager's income account to the income account of another manager, b from the manager's capital account to the capital account of another manager. 2 A manager (other than the Scottish Ministers) may make a transfer under subsection (1) only if directed to do so by the Scottish Ministers in a direction under section 37(1). 3 The direction must specify— a the sum to be transferred, or b how that sum is to be calculated. Grants and loans to managers 32 1 The Scottish Ministers may make grants and loans to a manager in connection with the exercise of the manager's functions. 2 The manager may not otherwise borrow money in connection with the manager's functions. 3 A grant or loan under subsection (1) is subject to such conditions (including conditions as to repayment) as the Scottish Ministers may determine. 4 The Scottish Ministers may, from time to time after the grant or loan is made, vary the conditions on which it was made. 5 This section does not apply where the manager is— a Crown Estate Scotland (but see article 17 of the Crown Estate Scotland Order), b the Scottish Ministers. Grants for preparation for management changes 33 1 The Scottish Ministers may make such grants to such persons as the Scottish Ministers consider appropriate for the purpose of making preparations for— a the transfer of the function of managing a Scottish Crown Estate asset in regulations under section 3, b the delegation of such a function under section 5. 2 A manager may, with the consent of the Scottish Ministers, make such grants to such persons as the manager considers appropriate for the purpose mentioned in subsection (1). 3 A grant under subsection (1) or (2) is subject to such conditions (including conditions as to repayment) as the Scottish Ministers or (as the case may be) manager may determine. Requirement to keep accounts and records 34 1 Crown Estate Scotland must— a keep proper accounts and accounting records, and b prepare in respect of each financial year a statement of accounts. 2 A manager of one or more Scottish Crown Estate assets (other than Crown Estate Scotland) must, in relation to those assets, and any money or investments held by the manager which form part of the Scottish Crown Estate— a keep proper accounts and accounting records, and b prepare in respect of each financial year a statement of accounts. 3 A statement of accounts prepared under subsection (1)(b) or (2)(b) (other than by the Scottish Ministers) must be in such form, contain such information and be prepared in accordance with such methods or principles as the Scottish Ministers may direct under section 37(1). 4 A manager (other than the Scottish Ministers) must send a copy of its statement of accounts prepared under subsection (1)(b) or (2)(b) to the Scottish Ministers no later than 3 months after the end of the financial year to which the statement relates. 5 Accounts and records kept, and statements prepared, under subsection (2) must be kept or prepared separately from any other accounts and records kept, and statements prepared, by the manager. Audit 35 1 The Scottish Ministers must prepare in respect of each financial year a consolidated statement of accounts comprising— a the statement of accounts prepared by Crown Estate Scotland for the year under section 34(1)(b), and b each statement of accounts prepared for the year under section 34(2)(b). 2 The Scottish Ministers must submit a copy of the consolidated statement of accounts to the Auditor General for Scotland for auditing. End of management End of management 36 1 Where a person ceases to be a manager during a financial year, the person must, no later than 3 months after the day on which the person ceases to be a manager— a prepare its report under section 26(1) and its statement of accounts under section 34 for that year, and b (other than where the person is the Scottish Ministers) send a copy of the report and of the statement to the Scottish Ministers (and sections 26(7) and 34(4) do not apply). 2 Subsection (3) applies where— a a person who is the manager of a Scottish Crown Estate asset transfers ownership of the asset, and b as a result, the person no longer manages any Scottish Crown Estate assets. 3 The person— a is to be treated for the purposes of this Part as if the person were a manager, and has all of the powers and duties applying to a manager under this Part, for so long as the person holds any money or investments forming part of the Scottish Crown Estate, b is to be treated as ceasing to be a manager when the person no longer holds any such money or investments. Ministerial directions etc. Power of Ministerial direction 37 1 The Scottish Ministers may direct managers (other than the Scottish Ministers) as to the exercise of their functions. 2 A direction under subsection (1)— a may be general or relate to a particular function or matter, b may be given to— i each manager, ii a particular manager, or iii managers of a particular description, c must— i be in writing, and ii be published in such manner as the Scottish Ministers consider appropriate as soon as reasonably practicable after it is given. 3 The Scottish Ministers may revise or revoke a direction under subsection (1). 4 Subsection (2)(c) applies to the revision or revocation of a direction under subsection (1) as it applies to such a direction. Ministerial guidance 38 1 A manager must have regard to any written guidance given by the Scottish Ministers about the exercise of managers' functions. 2 The Scottish Ministers must publish any such guidance in such manner as they consider appropriate as soon as reasonably practicable after it is given. Power to delegate functions to Crown Estate Scotland 39 1 The Scottish Ministers may, subject to such conditions as they consider appropriate, delegate to Crown Estate Scotland some or all of their functions under— a sections 22 and 23, b section 27, c section 35. 2 A delegation under subsection (1)— a must be in writing, b may be varied or revoked at any time, c does not affect— i the ability of the Scottish Ministers to exercise the functions delegated, ii their responsibility for the exercise of those functions. 3 Where the Scottish Ministers' function under section 27(1) is delegated to Crown Estate Scotland— a section 26(7) applies as if it required managers (including the Scottish Ministers) to send copies of their reports prepared under section 26(1) to Crown Estate Scotland (rather than to the Scottish Ministers), b article 18(1)(b) of the Crown Estate Scotland Order does not apply. 4 Where the Scottish Ministers' function under section 35(1) is delegated to Crown Estate Scotland, section 34(4)— a applies as if it required managers (including the Scottish Ministers) to send copies of their statements of accounts prepared under section 34(2)(b) to Crown Estate Scotland (rather than to the Scottish Ministers), b does not apply to Crown Estate Scotland. Provision of information or advice to the Scottish Ministers 40 1 A manager of one or more Scottish Crown Estate assets must provide the Scottish Ministers with such information or advice as the Scottish Ministers may require in relation to— a the assets, b the exercise of the manager's functions. 2 The information or advice must be provided in such form as the Scottish Ministers may require. Research and other activities 41 The Scottish Ministers may— a conduct research into any matter relating to the Scottish Crown Estate, b provide resources for the use of managers in the exercise of their functions, c take such other steps as they consider appropriate for the proper exercise of the Scottish Ministers' functions, and those of managers, under this Act. Part 4 General Regulations 42 1 Any power of the Scottish Ministers to make regulations under this Act includes power to make— a incidental, supplementary, consequential, transitional, transitory or saving provision, b different provision for different purposes. 2 Regulations under section 3(1)— a are subject to the affirmative procedure if they— i relate to an asset all or part of which is situated in, or relates to, the Scottish marine area or the Scottish zone, or ii add to, replace or omit any part of the text of an Act, b otherwise, are subject to the negative procedure. 3 In subsection (2)(a)(i)— “ the Scottish marine area ” is to be construed in accordance with section 1 of the Marine (Scotland) Act 2010, but does not include land which lies between the high and low water marks of ordinary spring tides, “ the Scottish zone ” is to be construed in accordance with section 126(1) and (2) of the Scotland Act 1998. 4 Regulations under section 12(4) are subject to the affirmative procedure. 5 Regulations under section 6(1)(b) or 9(4) are subject to the negative procedure. 6 Regulations under section 16(2) or 43(1)— a which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, b otherwise, are subject to the negative procedure. 7 This section does not apply to regulations under section 46(2). Ancillary provision 43 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 2 Regulations under subsection (1) may modify any enactment (including this Act). Consequential and minor modifications 44 Schedule 2 makes minor modifications of enactments and modifications consequential on the provisions of this Act. Interpretation 45 1 In this Act— “ asset ”, in relation to the Scottish Crown Estate, has the meaning given in section 2, “ capital account ” is to be construed in accordance with section 28(2)(b), “ community organisation ” is to be construed in accordance with section 6(1), “ Crown Estate Scotland Order ” means the Crown Estate Scotland Order 2017 (S.S.I. 2017/36), “ Crown Estate Transfer Scheme ” means the Crown Estate Transfer Scheme 2017 (S.I. 2017/524), “ heritable security ” has the meaning given in section 9(8) of the Conveyancing and Feudal Reform (Scotland) Act 1970, “ income account ” is to be construed in accordance with section 28(2)(a), “ manager ” has the meaning given in section 2, “ Scottish Crown Estate ” has the meaning given in section 2, “ Scottish harbour authority ” has the meaning given in section 6(3). 2 In this Act— a unless the context requires otherwise, a reference to a Scottish Crown Estate asset includes a reference to part of the asset, b a reference to managers' functions is a reference to functions conferred on persons as managers of Scottish Crown Estate assets, and does not include a reference to any other function of a person who is a manager. Commencement 46 1 This Part, other than section 44, comes into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 47 The short title of this Act is the Scottish Crown Estate Act 2019. SCHEDULE 1 CROWN ESTATE SCOTLAND: MODIFICATION OF ENACTMENTS (introduced by section 1) Crown Suits (Scotland) Act 1857 1 In the Crown Suits (Scotland) Act 1857, in section 4(2), for “Crown Estate Scotland (Interim Management)” substitute “ Crown Estate Scotland ” . Ethical Standards in Public Life etc. (Scotland) Act 2000 2 In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3, for “Crown Estate Scotland (Interim Management).” substitute “ Crown Estate Scotland ” . Scottish Public Services Ombudsman Act 2002 3 In the Scottish Public Services Ombudsman Act 2002, in Part 1 of schedule 2, in paragraph 17B, for “Crown Estate Scotland (Interim Management)” substitute “ Crown Estate Scotland ” . Freedom of Information (Scotland) Act 2002 4 In the Freedom of Information (Scotland) Act 2002, in Part 7 of schedule 1, in paragraph 63A, for “Crown Estate Scotland (Interim Management)” substitute “ Crown Estate Scotland ” . Public Appointments and Public Bodies etc. (Scotland) Act 2003 5 In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2, under the heading “Other Public Bodies”, for “Crown Estate Scotland (Interim Management).” substitute “ Crown Estate Scotland ” . Public Services Reform (Scotland) Act 2010 6 In the Public Services Reform (Scotland) Act 2010, in schedule 8, for “Crown Estate Scotland (Interim Management).” substitute “ Crown Estate Scotland ” . Public Records (Scotland) Act 2011 7 In the Public Records (Scotland) Act 2011, in the schedule, under the heading “Others”, for “Crown Estate Scotland (Interim Management)” substitute “ Crown Estate Scotland ” . Gender Representation on Public Boards (Scotland) Act 2018 8 In the Gender Representation on Public Boards (Scotland) Act 2018, in schedule 1, for “Crown Estate Scotland (Interim Management)” substitute “ Crown Estate Scotland ” . Islands (Scotland) Act 2018 9 In the Islands (Scotland) Act 2018, in the schedule, in paragraph 12, for “Crown Estate Scotland (Interim Management)” substitute “ Crown Estate Scotland ” . The Scottish Parliament (Disqualification) Order 2015 10 In the Scottish Parliament (Disqualification) Order 2015 (S.S.I. 2015/350), in Part 1 of the schedule— a in the entry relating to any member of Crown Estate Scotland (Interim Management), for “Crown Estate Scotland (Interim Management)” substitute “ Crown Estate Scotland ” , b in the entry relating to a member of the staff of Crown Estate Scotland (Interim Management), for “Crown Estate Scotland (Interim Management)” substitute “ Crown Estate Scotland ” . The Crown Estate Scotland (Interim Management) Order 2017 11 1 In the Crown Estate Scotland (Interim Management) Order 2017 (S.S.I. 2017/36)— a in article 1(1), for “Crown Estate Scotland (Interim Management) Order 2017” substitute “ Crown Estate Scotland Order 2017 ” , b for “Crown Estate Scotland (Interim Management)” in each place where it occurs in articles 3 to 19, substitute “ Crown Estate Scotland ” , c in article 3, for “Oighreachd a' Chrùin Alba (Stiùireadh Eadar-amail)” substitute “Oighreachd a' Chrùin Alba”, d for “Crown Estate Scotland (Interim Management)'s” in each place where it occurs in articles 12(3)(a) and 19(1)(b), substitute “Crown Estate Scotland's”. 2 The title of that Order becomes the Crown Estate Scotland Order 2017. SCHEDULE 2 CONSEQUENTIAL AND MINOR MODIFICATIONS (introduced by section 44) Scotland Act 2016 1 Section 36(7) of the Scotland Act 2016 is repealed. The Crown Estate Scotland Order 2017 2 1 The Crown Estate Scotland Order is amended as follows. 2 In article 8 (early termination of membership), in paragraph (3)(b), for “order” substitute “ or arrangement ” . 3 In article 12 (authority to perform functions), in paragraph (2)(b), for the words from “2(5)” to the end substitute “ 34(1)(b) of the Scottish Crown Estate Act 2019 ” . 4 In article 17 (grants and loans to Crown Estate Scotland), after paragraph (1) insert— 1A Crown Estate Scotland may not otherwise borrow money. . 5 In article 18 (annual report)— a in paragraph (1), for “as soon as practicable” substitute “ no later than 3 months ” , b after paragraph (1) insert— 1A The report must, in particular, include an assessment of how Crown Estate Scotland's activities during that year have contributed to the meeting of its objectives for that year. , c paragraph (2) is revoked, d in paragraph (3), for the words from “publish” to the end substitute “ not publish the report until a copy of it has been laid before the Scottish Parliament under section 27(1) of the Scottish Crown Estate Act 2019 ” , e in paragraph (4)(a), after “article 15” insert “ or section 37(1) of the Scottish Crown Estate Act 2019 ” , f after paragraph (7) insert— 8 For the purposes of paragraph (1A), Crown Estate Scotland's objectives for a financial year are its objectives as set out in a plan prepared under article 19(1) for a period which includes all or part of that financial year. . 6 Article 20 is revoked. S. 2 in force at 1.6.2019 by S.S.I. 2019/170 , reg. 2(a) S. 22 in force at 1.6.2019 by S.S.I. 2019/170 , reg. 2(b) S. 23 in force at 1.6.2019 by S.S.I. 2019/170 , reg. 2(c) S. 37 in force at 1.6.2019 by S.S.I. 2019/170 , reg. 2(d) S. 38 in force at 1.6.2019 by S.S.I. 2019/170 , reg. 2(e) S. 40 in force at 1.6.2019 by S.S.I. 2019/170 , reg. 2(f) S. 41 in force at 1.6.2019 by S.S.I. 2019/170 , reg. 2(g) S. 27(1)-(3)(5)(b) in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 29(1)-(5) in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 30(1)-(3)(5) in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 1 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 1 para. 1 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 1 para. 2 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 1 para. 3 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 1 para. 4 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 1 para. 5 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 1 para. 6 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 1 para. 7 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 1 para. 8 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 1 para. 9 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 1 para. 10 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 1 para. 11 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 2 para. 2 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 Sch. 2 para. 1 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 (with reg. 3 ) S. 7 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 8 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 9 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 10 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 11 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 12 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 13 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 14 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 16(1) (4) in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 17 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 18 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 19 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 21 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 28 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 34(1) (3) (4) in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 35(1)(a) (2) in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 44 in force at 1.4.2020 by S.S.I. 2020/77 , reg. 2(1) , sch. 1 S. 15 in force at 1.10.2020 by S.S.I. 2020/77 , reg. 2(2) , sch. 2 (with reg. 4 ) S. 3 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 4 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 5 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 6 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 16(2) (3) in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 20 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 24 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 25 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 26 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 27(4) (5)(a) in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 29(6) in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 30(4) in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 31 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 32 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 33 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 34(2) (5) in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 35(1)(b) in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 36 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch. S. 39 in force at 27.9.2021 by S.S.I. 2021/308 , reg. 2 , sch.
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[uk-legislation-asp][asp] 2024-05-04 Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018
http://www.legislation.gov.uk/asp/2018/14/2019-10-15
http://www.legislation.gov.uk/asp/2018/14/2019-10-15 Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 An Act of the Scottish Parliament to pardon persons convicted of certain historical sexual offences and to provide a process for convictions for those offences to be disregarded. text text/xml en Statute Law Database 2019-11-29 Expert Participation 2019-10-15 Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 2018 asp 14 An Act of the Scottish Parliament to pardon persons convicted of certain historical sexual offences and to provide a process for convictions for those offences to be disregarded. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 6th June 2018 and received Royal Assent on 11th July 2018 Part 1 Introductory Purpose of this Act 1 The purpose of this Act is to acknowledge the wrongfulness and discriminatory effect of past convictions for certain historical sexual offences by— a pardoning persons who have been convicted of those offences, and b providing for a process for convictions for those offences to be disregarded. Historical sexual offence: definition 2 1 In this Act, “ historical sexual offence ” means— a an offence under section 13(5)(a) or (c), (6) or (9) of the Criminal Law (Consolidation) (Scotland) Act 1995, b an offence under section 80(7)(a), (c) or (d), (9) or (12) of the Criminal Justice (Scotland) Act 1980, c an offence under section 7 of the Sexual Offences (Scotland) Act 1976, d an offence under section 11 of the Criminal Law Amendment Act 1885, e the common law offence of sodomy, f the common law offence of shameless indecency, in so far as that offence covered sexual activity between men, g any other offence which falls within subsection (2), h an offence of attempting, inciting or conspiring to commit any of the offences mentioned in paragraphs (a) to (g). 2 An offence falls within this subsection if the offence— a regulated, or was used in practice to regulate, sexual activity between men, and b either— i has been repealed or, in the case of an offence at common law, abolished, or ii has not been repealed or abolished but once covered sexual activity between men of a type which, or in circumstances which, would not amount to the offence on the day on which section 3 comes into force. 3 Where an offence of the type described in subsection (2)(b)(ii) covers or once covered activity other than sexual activity between men, the offence falls with subsection (2) only to the extent that it once covered sexual activity between men. 4 In this section, “ sexual activity between men ” includes— a any physical or affectionate activity between males of any age which is of a type which is characteristic of persons involved in an intimate personal relationship, b conduct intended to introduce or procure such activity. Part 2 Pardons for certain historical sexual offences Pardons for certain historical sexual offences 3 A person who has been convicted of a historical sexual offence is pardoned for the offence if the conduct constituting the offence, if occurring in the same circumstances, would not be an offence on the day on which this section comes into force. Pardons: supplementary 4 A pardon under section 3 does not— a affect any conviction or sentence, or b give rise to any right, entitlement or liability. Part 3 Disregarding certain convictions for historical sexual offences Application to have conviction for historical sexual offence disregarded 5 1 A person who has been convicted of a historical sexual offence may apply to the Scottish Ministers for the conviction to be disregarded. 2 An application made under subsection (1) must be in writing and must include— a the applicant's name, address and date of birth, b in so far as known to the applicant, the applicant's name and address at the time of the conviction, c in so far as known to the applicant, the time when and place where the conviction took place and the relevant case number, d in so far as known to the applicant, the nature and circumstances of the offence and the sentence imposed, e any other information which the Scottish Ministers may require. 3 An application made under subsection (1) may also include any other information which the applicant wishes the Scottish Ministers to consider when determining the application. Application for disregard: further information 6 1 The Scottish Ministers may request any person to make representations, or to provide further information, in relation to an application made under section 5(1). 2 A person so requested is authorised to make such representations or, as the case may be, to provide such information for the purposes of assisting the Scottish Ministers to determine the application. Determination of application for disregard 7 1 When determining an application made under section 5(1), the Scottish Ministers must in particular— a consider all representations and other information included in the application, b consider all representations made or other information provided in pursuance of section 6 in relation to the application, and c except where it appears to them that the offence to which the application relates is not a historical sexual offence, take reasonable steps to obtain (and, where available, consider) any record of— i the investigation of the conduct which led to the conviction, and ii any subsequent proceedings relating to the conduct. 2 Having done so, the Scottish Ministers must— a unless subsection (3) applies, determine that the conviction in respect of which the application is made is to be disregarded, or b where subsection (3) applies, determine that the conviction is not to be disregarded. 3 This subsection applies if it appears to the Scottish Ministers— a that the offence for which the applicant was convicted is not a historical sexual offence, or b that the conduct constituting the historical sexual offence, if occurring in the same circumstances, would have been an offence on the day on which section 3 came into force. 4 The Scottish Ministers must— a record their determination, and the reasons for it, in writing, b provide notice of their determination, and the reasons for it, to the applicant, and c where they have determined that a conviction for a historical sexual offence is to be disregarded, inform the applicant that references to the conviction will be removed in pursuance of section 10. 5 Where the Scottish Ministers determine that a conviction for a historical sexual offence is to be disregarded, the disregard takes effect from the day falling 14 days after notice of their determination is given. Appeals 8 1 This section applies where the Scottish Ministers have determined that a conviction in respect of which an application is made under section 5(1) is not to be disregarded. 2 The applicant may, with the permission of the sheriff, appeal against the determination. 3 When deciding an appeal, the sheriff may not take account of any representations which were, or other information which was, not available to the Scottish Ministers when determining the application. 4 On an appeal, the sheriff must— a unless subsection (5) applies, order that the conviction in respect of which the appeal is made is to be disregarded, or b where subsection (5) applies, dismiss the appeal. 5 This subsection applies if it appears to the sheriff— a that the offence for which the appellant was convicted is not a historical sexual offence, or b that the conduct constituting the historical sexual offence, if occurring in the same circumstances, would have been an offence on the day on which section 3 came into force. 6 The sheriff's decision on an appeal is final. 7 Where the sheriff orders that a conviction for a historical sexual offence is to be disregarded, the disregard takes effect from the day falling 14 days after the sheriff's order is made. 8 An appeal under this section is to be made— a to a sheriff of the sheriffdom in which the appellant resides, or b where no sheriff has jurisdiction under paragraph (a), to a sheriff of the sheriffdom of Lothian and Borders at Edinburgh. Effect of disregard 9 1 This section applies where a disregard for a conviction for a historical sexual offence has taken effect (see sections 7(5) and 8(7)). 2 The person who was convicted of the offence is to be treated for all purposes as not having— a committed the offence, b been charged with, or prosecuted for, the offence, c been convicted of the offence, or d been sentenced for the offence. 3 In particular— a no evidence is admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in Scotland to prove that the person has done, or undergone, anything within subsection (2), and b the person is not, in any such proceedings, to be asked (and, if asked, is not to be required to answer) any question relating to the person's past which cannot be answered without acknowledging or referring to the conviction or any circumstances ancillary to it. 4 Where a question is put to a person, other than in such proceedings, seeking information with respect to the previous convictions, offences, conduct or circumstances of any person— a the question is to be treated as not relating to any disregarded conviction, or any circumstances ancillary to it (and the answer to the question may be framed accordingly), and b the person questioned is not to be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose that conviction or any circumstance ancillary to it in answering the question. 5 Any obligation imposed on any person by any enactment or rule of law, or by the provisions of any agreement or arrangement, to disclose any matters to any other person is not to extend to requiring the disclosure of a disregarded conviction or any circumstances ancillary to it. 6 In this section, “ proceedings before a judicial authority ” includes, in addition to any court proceedings, proceedings before any tribunal, body or person having power by virtue of any enactment, rule of law, arbitration agreement, rules, custom or practice— a to determine any question affecting the rights, privileges, obligations or liabilities of any person, or b to receive evidence affecting the determination of any such question. 7 For the purposes of this section, circumstances ancillary to a conviction are any circumstances of— a the offence which was the subject of the conviction, b the conduct constituting the offence, c any process or proceedings preliminary to the conviction, d any sentence imposed in respect of the conviction, e any proceedings (whether by way of appeal or otherwise) for reviewing the conviction or sentence, f anything done in pursuance of, or undergone in compliance with, any such sentence. Removal of disregarded convictions from official records 10 1 Where a disregard for a conviction for a historical sexual offence has taken effect (see sections 7(5) and 8(7)), the Scottish Ministers must— a where they are the relevant record keeper in relation to any official records held by them, remove all references to the disregarded conviction contained in those official records (and, where the disregard has effect by virtue of section 8(7), give notice of the removal to the person who has the disregarded conviction), and b require every other relevant record keeper to remove all references to the disregarded conviction contained in official records held by the keeper. 2 A relevant record keeper issued with a requirement under subsection (1)(b) must— a comply with the requirement as soon as reasonably practicable (but no earlier than the day on which the disregard takes effect), and b give notice of the removal to the person who has the disregarded conviction. 3 The Scottish Ministers may, by regulations, prescribe the manner in which references to disregarded convictions are to be removed from official records in pursuance of this section. 4 Regulations may, in particular, provide that removal from records means recording with the details of the conviction— a the fact that it is a disregarded conviction, and b the effect of it being a disregarded conviction. 5 A “ relevant record keeper ” means such person as may be prescribed in regulations made by the Scottish Ministers (and may, in particular, include the Scottish Ministers acting in their capacity as the holder of official records of a type so prescribed). Advisers 11 1 The Scottish Ministers may appoint persons to advise or assist them on the determination of applications made under section 5(1). 2 The Scottish Ministers may provide to an appointed person, or authorise that person to access, such information contained in or relating to such applications as they consider relevant. 3 The Scottish Ministers may pay an appointed person such allowances and expenses as they consider appropriate. Part 4 General Saving for Royal Pardons 12 Nothing in this Act affects the Royal prerogative of mercy. Application of Act to conduct dealt with otherwise than by prosecution 13 1 This Act applies in relation to any conduct constituting a historical sexual offence in respect of which an alternative to prosecution has been given as it applies to conduct in respect of which a person is convicted. 2 Accordingly— a references in this Act to “conviction” and “convicted” are to be read as including references to, or to being given, an alternative to prosecution, b references to a sentence imposed include a reference to the giving of an alternative to prosecution. 3 For the purposes of this Act, an alternative to prosecution has been given in respect of conduct constituting an offence if a person— a has been given a warning in respect of the conduct by a constable or a procurator fiscal, b has accepted, or is deemed to have accepted, a conditional offer issued in respect of the conduct under section 302 of the Criminal Procedure (Scotland) Act 1995, or c has accepted an offer made by a procurator fiscal in respect of the conduct to undertake an activity or treatment or to receive services or do any other thing as an alternative to prosecution. 4 For the purposes of this Act— a any ground for referral of a child's case under section 32(2)(g) of the Social Work (Scotland) Act 1968 or section 52(2)(i) of the Children (Scotland) Act 1995 that has been accepted or established (or deemed established) is to be treated as a conviction, and b any disposal of such a case by a children's hearing is to be treated as a sentence. Regulations 14 1 Any power of the Scottish Ministers to make regulations under this Act includes power to make— a incidental, supplementary, consequential, transitional, transitory or saving provision, b different provision for different purposes. 2 Subject to subsection (3), regulations under section 15(1) are subject to the negative procedure. 3 Regulations under the following provisions are subject to the affirmative procedure— a section 10(3) or (5), b section 15(1), if the regulations add to, replace or omit any part of the text of an Act. 4 This section does not apply to regulations under section 17. Ancillary provision 15 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision that they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes. Interpretation 16 In this Act— “ alternative to prosecution ” is to be construed in accordance with section 13(3), “conviction”, in addition to being construed in accordance with section 13(2) and (4), includes any finding in criminal proceedings that a person has committed an offence or done the act or made the omission charged (including a finding linked with mental disorder or in respect of which an admonition or absolute discharge is made), “disregarded conviction” is a conviction for a historical sexual offence in respect of which a disregard has taken effect by virtue of Part 3 (see sections 7(5) and 8(7)), “ historical sexual offence ” has the meaning given by section 2, “ official records ” means records containing information about persons convicted of offences kept by any relevant record keeper for the purposes of its functions (but does not include any records in the care of the Keeper of the Records of Scotland), “person”, for the purposes of section 3 only, includes a deceased person, “ proceedings before a judicial authority ” has the meaning given by section 9(6), “ relevant record keeper ” means a person prescribed in regulations made under section 10(5). Commencement 17 1 This section and sections 15, 16 and 18 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 18 The short title of this Act is the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018. S. 1 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 2 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 3 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 4 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 5 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 6 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 7 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 8 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 9 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 10 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 11 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 12 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 13 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2 S. 14 in force at 15.10.2019 by S.S.I. 2019/205 , reg. 2
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[uk-legislation-asp][asp] 2024-05-04 Forestry and Land Management (Scotland) Act 2018
http://www.legislation.gov.uk/asp/2018/8/2019-04-01
http://www.legislation.gov.uk/asp/2018/8/2019-04-01 Forestry and Land Management (Scotland) Act 2018 An Act of the Scottish Parliament to make provision about Scottish Ministers' functions in relation to forestry; to make provision about Scottish Ministers' functions in relation to the management of forested land and other land; and for connected purposes. text text/xml en Statute Law Database 2020-01-24 Expert Participation 2019-04-01 Forestry and Land Management (Scotland) Act 2018 2018 asp 8 An Act of the Scottish Parliament to make provision about Scottish Ministers' functions in relation to forestry; to make provision about Scottish Ministers' functions in relation to the management of forested land and other land; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th March 2018 and received Royal Assent on 1st May 2018 PART 1 Overview of Act Overview of Act 1 This Act is arranged as follows— Part 2 is about Scottish Ministers' forestry functions, Part 3 is about management of land by Scottish Ministers, Part 4 is about felling, Part 5 is about Scottish Ministers' general powers under this Act, Part 6 contains general and final provisions. PART 2 Forestry functions CHAPTER 1 General forestry functions Duty to promote sustainable forest management Duty to promote sustainable forest management 2 1 The Scottish Ministers must promote sustainable forest management. 2 A Scottish public authority must, in exercising any of its functions, promote sustainable forest management so far as is consistent with the proper exercise of those functions. Forestry strategy Duty to prepare forestry strategy 3 1 The Scottish Ministers must prepare a forestry strategy. 2 The forestry strategy— a must set out a vision for forestry in Scotland, b must set out the Scottish Ministers' objectives, priorities and policies with respect to the promotion of sustainable forest management, and c may set out other matters with respect to the promotion of sustainable forest management. 3 The forestry strategy must include the Scottish Ministers' objectives, priorities and policies with respect to— a the creation of woodland, b the economic development of forestry, c targets for the planting of trees, d the conservation and enhancement of the environment by means of sustainable forest management, e the realisation of the social benefits of forestry, f the acquisition and disposal of land under sections 18 to 20, g the production and supply of timber and other forest products. 4 The Scottish Ministers— a must keep the forestry strategy under review, and b may, if they consider it appropriate to do so, revise the strategy. 5 If the Scottish Ministers have not revised the forestry strategy under subsection (4)(b) within the period of 9 years beginning with the day on which the strategy was last published, they must revise the strategy. Preparation and revision of forestry strategy 4 1 In preparing or revising the forestry strategy, the Scottish Ministers must— a publish a draft of the strategy and consult with such bodies as they consider appropriate and also with the general public, b have regard to— i the land use strategy (prepared under section 57 of the Climate Change (Scotland) Act 2009), ii the land rights and responsibilities statement (prepared under section 1 of the Land Reform (Scotland) Act 2016), iii Article 2 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, iv the code of practice on deer management (drawn up under section 5A of the Deer (Scotland) Act 1996), and v the Scottish Biodiversity Strategy (prepared under section 2 of the Nature Conservation (Scotland) Act 2004). 2 The forestry strategy must be prepared and revised with a view to achieving consistency, so far as practicable, between the objectives, priorities and policies set out in the strategy and the Scottish Ministers' other functions. Publication of forestry strategy 5 1 The Scottish Ministers must publish the forestry strategy and each revision of it. 2 The Scottish Ministers must lay a copy of the forestry strategy and each revision of it before the Scottish Parliament. 3 When complying with subsection (1), the Scottish Ministers must also publish a report setting out— a the consultation process undertaken in order to comply with section 4(1)(a), and b the ways in which views expressed during that process have been taken account of in preparing or revising the forestry strategy. 4 The Scottish Ministers must lay a copy of a report under subsection (3) before the Scottish Parliament. Duty to have regard to forestry strategy 6 The Scottish Ministers must have regard to the forestry strategy when— a complying with their duty to promote sustainable forest management, b exercising any of their tree health and silvicultural material testing functions under the Plant Varieties and Seeds Act 1964 and the Plant Health Act 1967 (see Chapter 2), c managing forested land in accordance with section 11, d acquiring land under section 18(1) or 19(1), e disposing of forested land under section 20(1), f exercising any of the following functions for the purposes of or in connection with the carrying out of a function mentioned in paragraphs (a) to (e)— i section 69 (information, research and education etc. ), ii section 70 (power to form companies etc.), iii section 71 (financial assistance), iv section 72 (charging). Report on forestry strategy 7 1 The Scottish Ministers must, as soon as practicable after the end of each reporting period, prepare and publish a report setting out— a progress made in the reporting period in respect of the objectives, priorities and policies included in the forestry strategy, b an assessment of the extent to which funding and support provided by them has assisted in achieving such progress, c steps taken in the reporting period to keep the forestry strategy under review. 2 The Scottish Ministers must lay a copy of each report prepared and published under this section before the Scottish Parliament. 3 In this section, “ reporting period ” means the period of 3 years beginning with the day on which the forestry strategy was last published and each subsequent period of 3 years. Duty to make arrangements for research Duty to make arrangements for research in relation to the promotion of sustainable forest management 8 The Scottish Ministers must make arrangements for the carrying out of research in relation to matters relevant to their duty to promote sustainable forest management. CHAPTER 2 Tree health and silvicultural material testing functions Transfer of Plant Varieties and Seeds Act 1964 functions 9 In section 29 of the Plant Varieties and Seeds Act 1964 (application of Part 2 to seed potatoes: silvicultural propagating and planting material), subsections (2) and (4) are repealed. Transfer of Plant Health Act 1967 functions 10 1 The Plant Health Act 1967 is amended as follows. 2 In section 1(2) (objects of Act and competent authorities under it)— a before paragraph (a) insert— za for Scotland, the Scottish Ministers, , b in paragraph (a), “and Scotland” is repealed, c in paragraph (a)(ii)— i “for England,” is repealed, ii “and, for Scotland, the Scottish Ministers” is repealed. 3 In section 6 (publication of orders), subsection (4) is repealed. PART 3 Management of land by Scottish Ministers Management of forested land Management of forested land 11 1 The Scottish Ministers must manage forested land in a way that promotes sustainable forest management. 2 The duty in subsection (1) includes, in particular, the use of forested land for— a the economic development of forestry, b the conservation and enhancement of the environment by means of sustainable forest management, c the realisation of the social benefits of forestry. 3 This section is subject to section 17(4). Meaning of “forested land” 12 1 In this Act, “ forested land ” means— a land in the national forest estate that is forested, and b other forested land that is— i owned by the Scottish Ministers, or ii managed by the Scottish Ministers on behalf of another person. 2 In this Act, “ forested ” includes undergoing afforestation. Meaning of “national forest estate” 13 In this Act, the “ national forest estate ” means land in Scotland— a that was at the disposal of the Forestry Commissioners under the Forestry Act 1967 immediately before the date on which this section comes into force, and b that is, for the time being, owned by the Scottish Ministers. Forestry information Duty to publish information on forestry 14 1 The Scottish Ministers must gather and publish in such manner as they consider appropriate information on forest holdings in Scotland that do not fall within forested land as defined in section 12. 2 The information to be gathered must include in particular information on the— a area, and b proprietorship, of such forest holdings. 3 The Scottish Ministers may by regulations make further provision about the information to be gathered for the purposes of this section. 4 Regulations under subsection (3) may in particular make provision about whether the information is to be in the form of a statistically representative sample of, or comprehensive information on, all such forest holdings. 5 Information under this section must be— a first published no later than 3 years after the day of Royal Assent, b subsequently published no later than 5 years after the date of the previous such publication. Management of land to further sustainable development Management of land to further sustainable development 15 1 The Scottish Ministers must manage land mentioned in subsection (2) for the purpose of furthering the achievement of sustainable development. 2 The land referred to in subsection (1) is— a land in the national forest estate that is not forested, and b other land that is not forested that is— i owned by the Scottish Ministers having been acquired under section 18(1) or 19(1), ii managed by the Scottish Ministers having been acquired under section 18(1) or 19(1), or iii managed by the Scottish Ministers by virtue of an agreement under section 17(1). 3 This section is subject to section 17(4). Duty to publish map of land managed by Scottish Ministers Duty to publish map of land managed by Scottish Ministers 16 The Scottish Ministers must publish a map setting out the areas of land that are, for the time being— a forested land, b land within the meaning of section 15(2). Power to enter into arrangements Power to enter into arrangements 17 1 The Scottish Ministers may, for the purposes of managing land under section 11 or 15, enter into arrangements with any person for the management by the Scottish Ministers of land that the person has the right to manage. 2 The Scottish Ministers may enter into arrangements with any person to provide advice or assistance in relation to the management of land that the person has the right to manage. 3 An arrangement under subsection (1) or (2) may be on such terms as the Scottish Ministers may agree with that person. 4 Sections 11 and 15 apply in relation to land that the Scottish Ministers manage under subsection (1) subject to such terms as the Scottish Ministers may agree with that person. Acquisition and disposal of land Power to acquire land by agreement 18 1 The Scottish Ministers may, if they consider it appropriate to do so, acquire by agreement land for the purpose of exercising their functions under— a section 11, b section 15. 2 The power in subsection (1) includes, in particular, the power— a to purchase, or enter into a lease for, land, b to accept land as a gift, c to acquire any right or interest in or over land. Compulsory purchase of land 19 1 The Scottish Ministers may compulsorily acquire land that they require for the purpose of exercising their functions under section 11. 2 But the Scottish Ministers may not compulsorily acquire land if— a the land is subject to an arrangement under section 17(1), b the land is— i subject to a forestry dedication agreement, and ii being managed in accordance with a plan of operations that has been approved by the Scottish Ministers, or c the land is held or used by a Minister of the Crown or a department of the Government of the United Kingdom. 3 The power in subsection (1) includes, in particular, the power— a to acquire any right or interest in or over land, b to acquire a servitude or other right in or over land by the creation of a new right. Power to dispose of land 20 1 The Scottish Ministers may, if they consider it appropriate to do so, dispose of land mentioned in subsection (2). 2 The land is— a land in the national forest estate, b land within the meaning of section 12(1)(b)(i), c land within the meaning of section 15(2)(b)(i). 3 The Scottish Ministers must ensure that any funds received by them as a result of the disposal of land under subsection (1) are— a separately recorded, and b used by them solely for the purposes of or in connection with the carrying out of their functions under this Act. 4 In subsection (1), “ dispose of land ” includes— a the sale, gift or lease of the land, b the grant of any right or interest in or over the land. PART 4 Felling CHAPTER 1 Overview and key terms Overview of Part 4 21 This Part is arranged as follows— Chapter 2 sets out the offence of unauthorised felling, Chapter 3 is about felling permission, Chapter 4 is about felling directions, Chapter 5 is about restocking directions, Chapter 6 is about notices to comply, Chapter 8 is about compliance, Chapter 9 is about appeals against decisions relating to felling. Key terms in Part 4 22 In this Part— “felling” (and related expressions) includes intentionally killing a tree, “ felling direction ” means a direction given under section 34, “ felling permission ” means a permission granted under section 27, “ registered notice to comply ” means a notice registered under section 38, “ registered remedial notice ” means a notice registered under section 56, “ remedial notice ” means a notice given under section 54, “ restocking direction ” means a direction given under section 36, “ temporary stop notice ” means a notice given under section 45(2). CHAPTER 2 Offence of unauthorised felling Offence of unauthorised felling 23 1 A person commits an offence if the person fells a tree unless— a the felling is exempt under section 24, or b the felling is carried out in accordance with— i a felling permission, ii a felling direction, iii a restocking direction, iv a registered notice to comply, v a remedial notice, or vi a registered remedial notice. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 3 Where an offence under subsection (1) is committed in respect of more than one tree, the maximum fine under subsection (2) is to be determined as if the person had been convicted of a separate offence in respect of each tree. Unauthorised felling: exemptions 24 1 Section 23 does not apply to felling carried out in accordance with provision made in regulations made by the Scottish Ministers. 2 Regulations under subsection (1) may, in particular, provide that section 23 does not apply to— a particular categories of person, b particular places or activities, c particular circumstances, d trees of particular descriptions. 3 Regulations under subsection (1) may modify any enactment (including this Act). CHAPTER 3 Felling permission Applications for felling permission 25 1 A person mentioned in subsection (2) may apply to the Scottish Ministers for permission to fell a tree (a “felling permission”). 2 Those persons are— a an owner of the land on which the tree is located, b with the written permission of an owner of the land, an occupier of that land. 3 The Scottish Ministers may by regulations make further provision about applications for felling permission. 4 Regulations under subsection (3) may, in particular, include provision about— a the way in which applications are to be made, b the information to be provided in applications. False or misleading information in applications: offence 26 1 A person commits an offence if the person knowingly or recklessly provides false or misleading information in an application for felling permission. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Decisions on applications 27 1 The Scottish Ministers may— a grant an application for felling permission (with or without conditions), or b refuse the application. 2 In making a decision on the application, the Scottish Ministers must have regard to their duty to promote sustainable forest management. 3 If the Scottish Ministers refuse the application, they must give reasons for the refusal. 4 A condition on felling permission may, in particular, set out— a how felling is to be carried out, b when felling is to be carried out, c persons who may carry out felling, d steps that must be taken after felling is carried out (a “continuing condition”). 5 A continuing condition on felling permission may, in particular, require persons to provide information to the Scottish Ministers. 6 The Scottish Ministers may not impose conditions on felling permission if— a the application relates to trees which are on land that is subject to a forestry dedication agreement, and b the proposed felling is in accordance with a plan of operations for that land that has been approved by the Scottish Ministers. 7 The Scottish Ministers may vary or revoke a condition imposed on felling permission. 8 The Scottish Ministers may by regulations make further provision about decisions on applications for felling permission. 9 Regulations under subsection (8) may, in particular, include provision about— a power for the Scottish Ministers to enter land on which a tree to which an application relates is located in order for them to make a decision in relation to the application, b how decisions are to be notified, c the imposition of conditions on felling permission, d the information which continuing conditions may require, e situations in which persons who have made an unsuccessful application for felling permission may be restricted from making a further application in relation to the same circumstances. Continuing conditions on felling permission: offence 28 1 A person commits an offence if the person fails, without reasonable excuse, to comply with a continuing condition on felling permission granted to the person. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Variation of felling permission 29 1 The Scottish Ministers may vary a felling permission— a by agreement with the person to whom the felling permission was granted, b if the Scottish Ministers have reason to believe that, to prevent or minimise harm to the environment or to any living thing— i in a case where felling has not begun, felling should not begin, ii in a case where felling has begun, felling should stop immediately. 2 The Scottish Ministers must give a notice varying a felling permission under subsection (1)(b) to the person to whom the felling permission was granted. 3 The notice must— a set out the Scottish Ministers' reasons for making the variation, b specify the effect of the variation on the felling permission, and c specify the date on which the variation takes effect (which must not be earlier than the date on which the notice is given under subsection (2)). Suspension of felling permission 30 1 The Scottish Ministers may suspend a felling permission if subsection (2) or (3) applies. 2 This subsection applies if the Scottish Ministers have reason to believe— a that a felling permission has not been complied with, is not being complied with or is likely not to be complied with, b that that has resulted in, is resulting in, or is likely to result in, harm to the environment or to any living thing, and c that, for the purpose of allowing the Scottish Ministers to investigate the circumstances mentioned in paragraphs (a) and (b)— i in a case where felling has not begun, felling should not begin, ii in a case where felling has begun, felling should stop immediately. 3 This subsection applies if the Scottish Ministers have reason to believe that, to prevent or minimise harm to the environment or to any living thing— a in a case where felling has not begun, felling should not begin, b in a case where felling has begun, felling should stop immediately. 4 The Scottish Ministers must give a notice suspending a felling permission to the person to whom the felling permission was granted. 5 The notice must— a set out the Scottish Ministers' reasons for making the suspension, b specify the effect of the suspension on the felling permission, c specify the date on which the suspension takes effect (which must not be earlier than the date on which the notice is given under subsection (4)), and d specify the period for which the suspension is to have effect. Revocation of felling permission 31 1 The Scottish Ministers may revoke a felling permission if— a the Scottish Ministers have reason to believe that, to prevent or minimise harm to the environment or to any living thing— i in a case where felling has not begun, felling should not begin, ii in a case where felling has begun, felling should stop immediately, and b they consider that the harm cannot be prevented or minimised by the variation or suspension of the felling permission. 2 The Scottish Ministers must give a notice revoking a felling permission to the person to whom the felling permission was granted. 3 The notice must— a set out the Scottish Ministers' reasons for making the revocation, and b specify the date on which the revocation takes effect (which must not be earlier than the date on which the notice is given under subsection (2)). Compensation for refusal of felling permission 32 1 If the Scottish Ministers refuse an application for felling permission, a person who suffers loss as a result of the refusal is entitled to compensation in accordance with provision made in regulations made by the Scottish Ministers. 2 Regulations under subsection (1) may, in particular, include provision about— a persons who are entitled to compensation, b the procedure for applying for compensation, c the information to be provided in applications, d the way in which the amount of compensation is to be determined, e the way in which any disputes about compensation are to be determined, f appeals about decisions relating to compensation. Felling of trees subject to tree preservation orders 33 1 If an application for felling permission relates to a tree that is covered by a tree preservation order, the Scottish Ministers may— a after complying with subsection (2), decide whether to grant permission, or b if consent under the order is required for the felling of the tree, refer the application to the planning authority that made the order. 2 The Scottish Ministers must— a consult the planning authority that made the order, and b have regard to any representations made by that planning authority. 3 Where an application is referred to a planning authority, the provisions of the order and any provisions of the Town and Country Planning (Scotland) Act 1997 relating to the order apply as if the application were an application to the planning authority for consent to fell the tree under the order. 4 Section 23 (offence of unauthorised felling) does not apply to felling where— a an application has been referred under subsection (1)(b), b the planning authority has consented to the felling, and c the felling is carried out in accordance with the consent. 5 Felling of a tree that is covered by a tree preservation order is not a breach of the order if the felling is carried out in accordance with— a a felling permission, b a felling direction, c a restocking direction, d a registered notice to comply, e a remedial notice, or f a registered remedial notice. 6 In this section and section 34, a tree is covered by a tree preservation order if the tree— a is subject to a tree preservation order, or b forms part of a group of trees or woodland that is subject to a tree preservation order. 7 A “ tree preservation order ” means an order made or having effect as if made under section 160 of the Town and Country Planning (Scotland) Act 1997. CHAPTER 4 Felling directions Felling directions 34 1 Subsection (2) applies if it appears to the Scottish Ministers that felling of trees is required— a to prevent deterioration or further deterioration in the quality of timber comprised in the trees, b to improve the growth of other trees, or c to prevent or reduce harm caused by the presence of the trees. 2 The Scottish Ministers may give a direction (a “felling direction”) to an owner of the land on which the trees are located requiring that person to fell those trees. 3 In deciding to give a felling direction, the Scottish Ministers must have regard to their duty to promote sustainable forest management. 4 The Scottish Ministers must, before deciding to give a felling direction in relation to a tree that is covered by a tree preservation order— a consult the planning authority that made the order, and b have regard to any representations made by that planning authority. 5 The Scottish Ministers may vary or revoke a felling direction (including any condition imposed on it). 6 The Scottish Ministers may by regulations make further provision about felling directions. 7 Regulations under subsection (6) may, in particular, include provision about— a the circumstances in which a felling direction may not be given, b the requirements to be included in a felling direction, c how felling directions are to be notified, d the imposition of conditions on a felling direction (which may include steps that must be taken after the direction is complied with). Felling directions: offence 35 1 A person commits an offence if the person fails, without reasonable excuse, to comply with a felling direction (including any condition imposed on it) given to the person. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. CHAPTER 5 Restocking directions Restocking directions 36 1 Subsection (2) applies if it appears to the Scottish Ministers that— a a tree has been felled and— i the felling is not exempt under section 24, and ii the felling is not carried out in accordance with a felling permission, a felling direction, a restocking direction, a registered notice to comply, a remedial notice or a registered remedial notice, or b a continuing condition on felling permission in relation to land has not been complied with. 2 The Scottish Ministers may give a direction (a “restocking direction”) requiring an owner of the land on which the felled tree was located or (as the case may be) the land to which the continuing condition relates, to stock— a the land on which the felled tree was located, b the land to which the continuing condition relates, or c with the consent of the Scottish Ministers, other land. 3 In subsection (2), “ stock ” includes the preparation of land for the planting of trees. 4 In deciding to give a restocking direction, the Scottish Ministers must have regard to their duty to promote sustainable forest management. 5 The Scottish Ministers may vary or revoke a restocking direction (including any condition imposed on it). 6 Subsection (7) applies where— a a person has complied with a restocking direction (including any condition imposed on it) given to the person, and b another person— i in a case where subsection (1)(a) applies, felled the tree to which the restocking direction relates, or ii in a case where subsection (1)(b) applies, failed to comply with the continuing condition on felling permission to which the restocking direction relates. 7 The person who complied with the restocking direction may recover any expenses reasonably incurred by that person in complying with the restocking direction from the other person. 8 The Scottish Ministers may by regulations make further provision about restocking directions. 9 Regulations under subsection (8) may, in particular, include provision about— a persons to whom a restocking direction may not be given, b the circumstances in which a restocking direction may not be given, c the requirements to be included in a restocking direction, d how restocking directions are to be notified, e the imposition of conditions on a restocking direction (which may include steps that must be taken after the direction is complied with). Restocking directions: offence 37 1 A person commits an offence if the person fails, without reasonable excuse, to comply with a restocking direction (including any condition imposed on it) given to the person. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. CHAPTER 6 Continuing conditions on felling permission, felling directions and restocking directions: notices to comply Registration of notices to comply 38 1 This section applies— a if— i a continuing condition has been imposed on felling permission in respect of land, and ii the felling to which the felling permission relates has been carried out, b if a felling direction (including any condition imposed on it) has been given in respect of land, c if a restocking direction (including any condition imposed on it) has been given in respect of land. 2 The Scottish Ministers may apply to register a notice (a “notice to comply”) in relation to that land specifying— a in the case of a continuing condition on felling permission, the effect of the condition and, if relevant, the date by which it must be complied with, b in the case of a felling direction or a restocking direction, the effect of the direction and, if relevant, the date by which it must be complied with, c a description of the land to which the condition or direction relates. Registered notices to comply: offence 39 1 An owner of the land to which a registered notice to comply relates commits an offence if that person fails, without reasonable excuse, to comply with the registered notice to comply. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. CHAPTER 7 Registration of notices under Chapters 6 and 8 Registration of notices of variation 40 1 Subsection (3) applies where the Scottish Ministers and the owner of land to which a relevant registered notice relates agree in writing that the relevant registered notice is to be varied. 2 In this section and section 41, a “ relevant registered notice ” means— a a registered notice to comply, b a registered remedial notice. 3 The Scottish Ministers must apply to register a notice (a “notice of variation”) specifying— a the date of registration of the relevant registered notice to which the notice of variation relates, b a description of the land to which the relevant registered notice relates, c that the relevant registered notice is varied, and d a description of how the relevant registered notice is varied. 4 On registration, the notice of variation varies the relevant registered notice to which it relates as described in subsection (3)(d). Registration of notices of discharge from compliance 41 1 Subsection (2) applies where— a the Scottish Ministers are satisfied that a relevant registered notice in respect of land has been complied with, or b the Scottish Ministers and an owner of land to which a relevant registered notice relates agree in writing that the relevant registered notice is to be discharged. 2 The Scottish Ministers must apply to register a notice (a “notice of discharge from compliance”) in relation to the land specifying— a the date of registration of the relevant registered notice to which the notice of discharge from compliance relates, b a description of the land to which the relevant registered notice relates, and c that the relevant registered notice is discharged. 3 On registration, the notice of discharge from compliance discharges the relevant registered notice to which it relates. Meaning of “register” 42 1 In this Chapter and in Chapter 8, “ register ”, in relation to the notices mentioned in subsection (2), means register the information contained in the notice in question in the Land Register of Scotland or (as the case may be) record the notice in question in the General Register of Sasines, and “registered” and “registration” are to be construed accordingly. 2 The notices are— a a notice to comply, b a notice of variation, c a notice of discharge from compliance, d a remedial notice, e a notice of liability for expenses, f a notice of discharge of liability for expenses. Descriptions of land 43 For the purposes of sections 38(2)(c), 40(3)(b), 41(2)(b), 56(b), 64(d) and 66(2)(c) the description of the land must— a in the case of land registered in the Land Register of Scotland, include the title number of the land, b in the case where the title to the land (or a larger area containing the land) is derived from a deed recorded in the General Register of Sasines, identify the land by reference to that deed. Receipt of notices by Keeper 44 1 The Keeper of the Registers of Scotland is not required to investigate or determine whether the information contained in a notice mentioned in subsection (2) that is submitted for registration is accurate. 2 The notices are— a a notice to comply, b a notice of variation, c a notice of discharge from compliance, d a remedial notice, e a notice of liability for expenses, f a notice of discharge of liability for expenses. CHAPTER 8 Compliance Temporary stop notices Temporary stop notices 45 1 Subsection (2) applies if— a the Scottish Ministers have reason to believe that a tree is being felled and— i the felling is not exempt under section 24, and ii the felling is not carried out in accordance with a felling permission, a felling direction, a restocking direction, a registered notice to comply, a remedial notice or a registered remedial notice, and b the Scottish Ministers consider it expedient that the felling (or other activity related to the felling) should stop immediately. 2 The Scottish Ministers may give a notice (a “temporary stop notice”). 3 A temporary stop notice must— a specify the activity which the Scottish Ministers believe is being carried out, b prohibit the carrying out of that activity (or of so much of the activity as is specified in the notice), c specify the land in relation to which that activity is prohibited, d specify the period during which the notice has effect, e contain a statement about the effect of section 46, and f set out the Scottish Ministers' reasons for giving the notice. 4 A temporary stop notice may impose conditions. 5 The Scottish Ministers may vary or revoke a temporary stop notice (including any condition imposed on it). 6 The Scottish Ministers must display on the land to which the temporary stop notice relates— a a copy of the notice, and b a statement about the effect of section 46. 7 A copy of a temporary stop notice may be given to— a a person who the Scottish Ministers believe is carrying out the activity, b the owner of the land to which the temporary stop notice relates (if the owner is not the person who is given the notice under paragraph (a)). 8 A temporary stop notice has effect from the time a copy of it is first displayed in accordance with subsection (6). 9 A temporary stop notice ceases to have effect— a at the end of the period of 28 days beginning with the day on which a copy of the notice is first displayed, b if a shorter period beginning with that day is specified in the notice, at the end of that shorter period, or c if the notice is revoked by the Scottish Ministers before the end of the period mentioned in paragraph (a) or (b), when it is revoked. 10 A person may stop any activity specified in a temporary stop notice despite any provision in any agreement relating to the trees or the land to which the notice relates that would otherwise prevent the person from stopping the activity. 11 The Scottish Ministers may enter the land to which the temporary stop notice relates in order to monitor compliance with the notice. 12 When a temporary stop notice has effect, the Scottish Ministers must not— a grant an application for felling permission in relation to a tree that is located on land to which the notice relates, b give a felling direction in relation to a tree that is located on land to which the notice relates, c give a restocking direction in relation to land to which the notice relates. Temporary stop notices: offence 46 1 A person commits an offence if the person fails, without reasonable excuse, to comply with a temporary stop notice (including any condition imposed on it)— a a copy of which has been given to the person, or b a copy of which has been displayed in accordance with section 45(6). 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Temporary stop notices: compensation 47 1 A person who— a on the date on which a temporary stop notice is first displayed under section 45(6), has a right or interest in or over the land to which the notice relates, and b suffers loss directly attributable to the prohibition of felling (or other activity related to the felling) effected by the temporary stop notice, is entitled to compensation in accordance with provision made in regulations made by the Scottish Ministers. 2 But subsection (1) applies only if— a the felling (or other activity related to the felling) prohibited by the temporary stop notice— i is exempt under section 24, or ii is carried out in accordance with a felling permission, a felling direction, a restocking direction, a registered notice to comply, a remedial notice or a registered remedial notice, and b the temporary stop notice has been revoked. 3 Regulations under subsection (1) may, in particular, include provision about— a the procedure for applying for compensation, b the information to be provided in applications, c the way in which the amount of compensation is to be determined, d the way in which any disputes about compensation are to be determined, e appeals about decisions relating to compensation. Requests for information Requests for information 48 1 The Scottish Ministers may request information described in subsection (2) from a person mentioned in subsection (3). 2 The information is information about compliance with— a a condition on felling permission, b a felling direction (including any condition imposed on it), c a restocking direction (including any condition imposed on it), d a registered notice to comply, e a remedial notice (including any condition imposed on it), f a registered remedial notice. 3 The persons are— a in the case of a condition on felling permission, the person to whom the permission was granted, b in the case of a felling direction or a restocking direction, the person to whom the direction was given or an occupier of the land to which the direction relates, c in the case of a registered notice to comply, a remedial notice or a registered remedial notice, an owner or occupier of the land to which the notice relates. Requests for information: offence 49 1 A person commits an offence if the person knowingly or recklessly provides false or misleading information in response to a request for information under section 48. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Site visits Site visits with consent of owner or occupier 50 1 The Scottish Ministers may enter land mentioned in subsection (2) with the consent of an owner or occupier of that land in order to monitor compliance with— a a condition on felling permission, b a felling direction (including any condition imposed on it), c a restocking direction (including any condition imposed on it), d a registered notice to comply, e a remedial notice (including any condition imposed on it), f a registered remedial notice. 2 The land is— a in the case of a condition on felling permission— i the land on which the tree to which the condition relates is located, ii where it is a continuing condition, the land to which the continuing condition relates, b in the case of a felling direction or a restocking direction, the land to which the direction relates, c in the case of a registered notice to comply, a remedial notice or a registered remedial notice, the land to which the notice relates. Powers of entry Power of entry: unauthorised felling 51 1 Subsection (2) applies if the Scottish Ministers have reason to believe that a tree has been felled or is being felled and— a the felling is not exempt under section 24, and b the felling is not carried out in accordance with— i a felling permission, ii a felling direction, iii a restocking direction, iv a registered notice to comply, v a remedial notice, or vi a registered remedial notice. 2 The Scottish Ministers may enter the land on which the tree was or is located for the purpose of determining whether the tree has been felled or is being felled as described in subsection (1)(a) or (b). Power of entry: decision to give felling directions or restocking directions 52 1 Subsection (2) applies if the Scottish Ministers have reason to believe that they may need to give— a a felling direction in relation to a tree or in respect of land, b a restocking direction in respect of land. 2 The Scottish Ministers may enter the land (or, in the case of a felling direction in relation to a tree, the land on which the tree is located) for the purpose of determining whether they need to give a felling direction or a restocking direction. Power of entry: failure to comply 53 1 Subsection (2) applies if the Scottish Ministers have reason to believe that a person has failed or is failing to comply with— a a condition on felling permission, b a felling direction (including any condition imposed on it), c a restocking direction (including any condition imposed on it), d a registered notice to comply, e a remedial notice (including any condition imposed on it), or f a registered remedial notice. 2 The Scottish Ministers may enter land mentioned in subsection (3) for the purpose of determining whether a person has failed or is failing to comply with the condition, the direction or (as the case may be) the notice. 3 The land is— a in the case of a condition on felling permission— i the land on which the tree to which the condition relates is located, ii where it is a continuing condition, the land to which the continuing condition relates, b in the case of a felling direction or a restocking direction, the land to which the direction relates, c in the case of a registered notice to comply, a remedial notice or a registered remedial notice, the land to which the notice relates. Remedial notices Remedial notices 54 1 The Scottish Ministers may give a person a remedial notice if it appears to them that the person has failed or is failing to comply with— a a condition on felling permission, b a felling direction (including any condition imposed on it), c a restocking direction (including any condition imposed on it), or d a registered notice to comply. 2 A “remedial notice” is a notice requiring the person— a to take such steps or stop such activity as may be specified in the notice in order to comply with or otherwise give effect to the condition, direction or (as the case may be) registered notice to comply, and b to take the steps or stop the activity within such period as may be specified in the notice. 3 The Scottish Ministers must give a copy of a remedial notice to the owner of the land to which the condition, direction or (as the case may be) registered notice to comply relates (if the owner is not the person who is given the notice under subsection (1)). 4 A person may take any steps or stop any activity specified in a remedial notice despite— a any provision in any agreement relating to the trees or the land to which the notice relates that would otherwise prevent the person from taking those steps or stopping the activity, b any condition on felling permission, felling direction, restocking direction or registered notice to comply under this Act that would otherwise prevent the person from taking those steps or stopping the activity. 5 The Scottish Ministers may vary or revoke a remedial notice (including any condition imposed on it). 6 The Scottish Ministers may by regulations make further provision about remedial notices. 7 Regulations under subsection (6) may, in particular, include provision about the imposition of conditions on a remedial notice (which may include steps that must be taken after the notice is complied with). Remedial notices: offence 55 1 A person commits an offence if the person fails, without reasonable excuse, to comply with a remedial notice (including any condition imposed on it) given to the person. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Registration of remedial notices 56 If a remedial notice (including any condition imposed on it) has been given in respect of land, the Scottish Ministers may apply to register a notice in relation to that land specifying— a the effect of the notice and, if relevant, the date by which it must be complied with, b a description of the land to which the notice relates. Registered remedial notices: offence 57 1 An owner of the land to which a registered remedial notice relates commits an offence if that person fails, without reasonable excuse, to comply with the registered remedial notice. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Giving documents to owner or occupier Giving documents to owner or occupier 58 Where in this Part a notice or other document is to be given to a person as the owner or occupier of land and the person's name or address cannot be ascertained after reasonable enquiry, it may be given by— a addressing it to the person by name or by the description of “owner” or “occupier” of the land (describing it), and b leaving it— i with a person who is or appears to be resident or employed on the land, or ii conspicuously affixed to some building or other object on or near the land. Step-in power Step-in power 59 If a person fails to comply with a remedial notice (including any condition imposed on it) or a registered remedial notice within the period specified in it for compliance, the Scottish Ministers may— a enter the land to which the notice relates, and b take the steps or stop the activity set out in the notice. Powers of entry and step-in power: application to court Powers of entry and step-in power: application to court 60 1 This section applies to the powers in sections 45, 51, 52, 53 and 59. 2 A sheriff, a summary sheriff or a justice of the peace may by warrant authorise the Scottish Ministers— a to enter the land concerned, and b if necessary, to use reasonable force in doing so. 3 A warrant may be granted only if the sheriff, summary sheriff or justice is satisfied, by evidence on oath— a that there are reasonable grounds under section 45, 51, 52, 53 or (as the case may be) 59 for entering the land concerned, and b that— i entry to the land has been refused, ii such a refusal is reasonably expected, iii the land is unoccupied, or iv the occupier is temporarily absent. 4 A warrant may not authorise— a entry to Crown land, b entry to a dwelling, or c the use of force against an individual. 5 A warrant expires— a when it is no longer needed for the purpose for which it was granted, or b if earlier, when any period as may be specified in it expires. Powers of entry and step-in power: offences Powers of entry and step-in power: offences 61 1 A person commits an offence if the person intentionally obstructs the Scottish Ministers in exercising their powers under section 45, 51, 52 or 53. 2 A person commits an offence if the person intentionally obstructs the Scottish Ministers in exercising their powers under section 59. 3 A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Powers of entry and step-in power: further provision Powers of entry and step-in power: further provision 62 1 Subsections (2) to (8) apply to the powers in sections 45, 50, 51, 52, 53 and 59. 2 The Scottish Ministers may— a take onto the land such other persons and such materials and equipment (including vehicles) as may be reasonably required for the purpose of assisting the Scottish Ministers to exercise the power, b do anything else which is reasonably required for that purpose, c take samples of things on the land, d mark anything on the land for identification purposes, e require access to, inspect and take copies of, or extracts from, any information on the land, f take away any information to enable it to be copied or kept as evidence, g require access to, inspect and check the operation of any computer and any associated apparatus or material and, for this purpose, require any person having charge of, or otherwise concerned with the operation of, any computer, apparatus or material to give the Scottish Ministers such assistance as they may reasonably require, h where information is kept by means of a computer, require it to be produced in a form in which it can be taken away. 3 The power may be exercised only at a reasonable time. 4 The power does not authorise entry to a dwelling. 5 A person exercising the power must on request produce written evidence of the person's entitlement to do so. 6 If the Scottish Ministers cause damage in exercising the power, the Scottish Ministers must— a take reasonable steps to remedy the damage, or b if it is not possible to remedy the damage, pay compensation for it. 7 If the Scottish Ministers enter unoccupied land in exercising the power, they must leave the land as effectively secured against unauthorised entry as they found it. 8 If the Scottish Ministers cause loss or damage by failing to comply with subsection (7), they must pay compensation for the loss or damage. 9 References in the following provisions to the Scottish Ministers include reference to persons authorised in writing by the Scottish Ministers— a section 45(11), b section 50(1), c section 51(2), d section 52(2), e section 53(2), f section 59, g subsections (2), (6), (7) and (8). Step-in power: recovery of expenses Step-in power: recovery of expenses 63 1 The Scottish Ministers may recover the expenses mentioned in subsection (2) from the person who failed to comply with the remedial notice (including any condition imposed on it) or (as the case may be) the registered remedial notice. 2 The expenses are— a any expenses reasonably incurred by the Scottish Ministers in taking steps under section 59, b any administrative expenses reasonably incurred by them in connection with recovering the expenses mentioned in paragraph (a), and c interest, at such reasonable rate as the Scottish Ministers may determine, in respect of the period beginning on a date specified by the Scottish Ministers until the whole amount is paid. 3 The date specified under subsection (2)(c) must be after the date on which a demand for payment is served by the Scottish Ministers. 4 Each owner of the land is jointly and severally liable for the expenses and interest mentioned in this section. 5 Any sums recoverable under subsection (1) may be recovered as a debt. Registration of notices of liability for expenses 64 The Scottish Ministers may apply to register a notice (a “notice of liability for expenses”) specifying— a the amount of the expenses payable in accordance with section 63(2)(a) and (b), b whether interest is payable under section 63(2)(c), c the action taken under section 59 to which those expenses relate, d a description of the land in respect of which an owner is liable under section 59, and e the effect of section 65 in relation to a new owner of that land. Recovery of expenses from new owner of land 65 1 Subsection (2) applies where— a a notice of liability for expenses is registered in relation to the land, and b the notice was registered at least 14 days before the date on which a person (the “new owner”) acquires right to the land. 2 The new owner is severally liable with any former owner of the land for any expenses and interest for which the former owner is liable under section 63. 3 An owner of land who is liable for expenses and interest under section 63 does not cease to be liable for the expenses and interest by virtue only of ceasing to be the owner of the land. 4 Where a new owner pays any expenses and interest for which a former owner of the land is liable, the new owner may recover the amount so paid from the former owner. 5 A person who is entitled to recover an amount under subsection (4) does not cease to be entitled to recover that amount by virtue only of ceasing to be the owner of the land. Registration of notices of discharge of liability for expenses 66 1 This section applies where liability for expenses and interest to which a registered notice of liability for expenses has been discharged. 2 The Scottish Ministers must apply to register a notice (a “notice of discharge of liability for expenses”) specifying— a the date of registration of the notice of liability for expenses to which the notice of discharge relates, b the action taken under section 59 to which that liability relates, c a description of the land in respect of which an owner was liable under section 59, and d that the liability for the expenses and interest has been discharged. 3 On registration, the notice of discharge discharges the notice of liability for expenses to which it relates. Time limit for prosecution Time limit for prosecution 67 1 Proceedings for an offence under section 23, 26, 28, 35, 37, 39, 46, 49, 55 or 57 may be commenced within the period of 6 months beginning with the date on which evidence that the prosecutor believes is sufficient to justify the proceedings came to the prosecutor's knowledge. 2 No such proceedings may be commenced more than 3 years— a after the commission of the offence, or b in the case of a continuous contravention, after the last date on which the offence was committed. 3 In the case of a continuous contravention, the complaint may specify the entire period during which the offence was committed. 4 A certificate signed by or on behalf of the prosecutor stating the date on which the evidence referred to in subsection (1) came to the prosecutor's knowledge is conclusive as to that fact (and such a certificate purporting to be so signed is to be regarded as being so signed unless the contrary is proved). 5 Section 136(3) of the Criminal Procedure (Scotland) Act 1995 applies for the purposes of this section as it does for those of that section. CHAPTER 9 Appeals Appeals against decisions by Scottish Ministers 68 1 A person may appeal against— a a decision— i to refuse an application for felling permission, ii to grant an application for felling permission with conditions, b a decision to vary, suspend or revoke a felling permission, c a decision to give a felling direction (including any condition imposed on it), d a decision to give a restocking direction (including any condition imposed on it), e a decision to refuse to vary or revoke a condition imposed on felling permission, f a decision to refuse to vary or revoke a felling direction, g a decision to refuse to vary or revoke a restocking direction, h a decision to refuse to agree to the variation or discharge of a registered notice to comply, i a decision to give a remedial notice (including any condition imposed on it), j a decision to refuse to vary or revoke a remedial notice, k a decision to refuse to agree to the variation or discharge of a registered remedial notice. 2 The Scottish Ministers may by regulations make further provision about appeals under subsection (1). 3 Regulations under subsection (2) may, in particular, include provision about— a who may appeal, b grounds of appeal, c the way in which appeals are to be made, d the information to be provided when making appeals, e the procedure for determining appeals, f who may determine appeals, g how the determination of appeals is to be notified. 4 Regulations under subsection (2) may modify any enactment (including this Act). PART 5 General powers Information, research and education etc. 69 The Scottish Ministers may, for the purposes of or in connection with the carrying out of their functions under this Act— a conduct research and inquiries, b collect data and publish statistics or other information, c provide education and training, d encourage or assist other persons to do any of the things mentioned in paragraphs (a) to (c). Power to form companies etc. 70 The Scottish Ministers may, for the purposes of or in connection with the carrying out of their functions under this Act— a form, or participate in the forming of, a body corporate, b act, or appoint a person to act, as an officer of a body corporate. Financial assistance 71 1 The Scottish Ministers may, for the purposes of or in connection with the carrying out of their functions under this Act, provide such financial assistance to any person as they consider appropriate. 2 In subsection (1), “ financial assistance ” includes grants, loans, guarantees and indemnities. 3 The Scottish Ministers may attach conditions (including conditions as to repayment or the payment of interest) in respect of any financial assistance provided. Charging 72 The Scottish Ministers may, for the purposes of or in connection with the carrying out of their functions under this Act, impose charges of such amounts as they consider appropriate. Chief forester 73 1 The Scottish Ministers must, for the purposes of assisting and advising them in the carrying out of their functions under this Act, appoint an officer to be known as the chief forester. 2 The Scottish Ministers must by regulations prescribe qualifications to be held by the person appointed as chief forester. Arrangements for carrying out forestry and land management functions 74 1 The Scottish Ministers must, in making administrative arrangements for the purposes of carrying out their forestry and land management functions, establish a single agency or two agencies comprising all members of staff of the Scottish Administration involved in carrying out such functions. 2 For the purposes of this section, “ forestry and land management functions ” means— a the Scottish Ministers' functions under Parts 2 to 4 and sections 69 to 72, b such other functions relating to or in connection with forestry and land management as the Scottish Ministers may determine. Report on operation of administrative arrangements 75 1 The Scottish Ministers must, as soon as practicable after the end of the 5 year period, lay before the Scottish Parliament a report on the operation of the administrative arrangements for the carrying out of relevant functions during that period. 2 In this section— “ relevant functions ” means the Scottish Ministers' functions under Parts 2 to 4 and sections 69 to 72, “ the 5 year period ” means the period of 5 years beginning with the day on which section 2 comes into force. 3 The report must, in particular, set out how the administrative arrangements have operated in relation to— a the governance of any agency, b the roles and responsibilities of senior officers of any such agency, c the financial reporting and accountability of any such agency, d the establishment of any advisory groups to assist the Scottish Ministers in carrying out relevant functions, e the exercise of the powers in section 70. 4 The report must also contain information about any significant change to the administrative arrangements during the 5 year period. PART 6 General and final provisions Regulations 76 1 Regulations under the following provisions are subject to the negative procedure— a section 14(3), b section 25(3), c section 27(8), d section 32(1), e section 34(6), f section 36(8), g section 47(1), h section 54(6), i section 68(2), j subject to subsection (2)(b), section 77(1). 2 Regulations under the following provisions are subject to the affirmative procedure— a section 24(1), b section 77(1) (if the regulations add to, replace or omit any part of the text of an Act). 3 Any power conferred by this Act on the Scottish Ministers to make regulations includes the power to make— a different provision for different purposes, and b such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate. 4 Subsection (3) does not apply to regulations under section 85(2). 5 Subsection (3)(b) does not apply to regulations under section 77(1). Ancillary provision 77 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 2 Regulations under this section may modify any enactment (including this Act). Interpretation 78 In this Act— “ forestry dedication agreement ” has the meaning given by section 5 of the Forestry Act 1967, “ owner ”, in relation to any land, means a person who has right to the land whether or not that person has completed title; but if, in relation to the land (or, if the land is held pro indiviso, in relation to any pro indiviso share in it) more than one person comes within that description of owner, then “ owner ” means such person as most recently acquired such right. Modifications of enactments and repeals 79 1 Schedule 1 contains modifications of enactments. 2 The enactments mentioned in the first column of schedule 2 are repealed to the extent set out in the second column. Saving of existing forestry dedication agreements 80 The repeal of section 5 and schedule 2 of the Forestry Act 1967 by section 79(2) and schedule 2 does not affect any forestry dedication agreement which is in force immediately before the date on which that repeal has effect. Forestry Commissioners' functions no longer exercisable in Scotland 81 The functions of the Forestry Commissioners which are exercisable in or as regards Scotland immediately before the date on which this section comes into force are no longer exercisable in or as regards Scotland. Index of defined expressions 82 Schedule 3 contains an index of expressions defined or otherwise explained in this Act. Crown application: general 83 1 Nothing in this Act makes the Crown criminally liable. 2 But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1). 3 Subsection (1) does not affect the criminal liability of persons in the service of the Crown. 4 Section 84 makes provision about access to Crown land. Crown application: powers of entry 84 1 A power of entry conferred— a by section 45, 51, 52, 53 or 59, b by regulations made under section 27(8), is exercisable in relation to Crown land only with the consent of the appropriate authority. 2 The following table determines what is “Crown land” and who the “appropriate authority” is in relation to each kind of Crown land. Crown land Appropriate authority Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown Estate The Crown Estate Commissioners Land an interest in which belongs to Her Majesty in right of the Crown and to which section 90B(5) of the Scotland Act 1998 applies The person having the management of the land Other land an interest in which belongs to Her Majesty in right of the Crown The office-holder in the Scottish Administration or the Government department having the management of the land Land an interest in which belongs to Her Majesty in right of Her private estates The person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers Land an interest in which belongs to an office-holder in the Scottish Administration The relevant office-holder in the Scottish Administration Land an interest in which belongs to a Government department The relevant Government department Land an interest in which is held in trust for Her Majesty for the purposes of the Scottish Administration The relevant office-holder in the Scottish Administration Land an interest in which is held in trust for Her Majesty for the purposes of a Government department The relevant Government department 3 In this section— a references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862, b “ Government department ” means a department of the Government of the United Kingdom. 4 It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (2) is the appropriate authority in relation to any land (and their decision is final). Commencement 85 1 This section and sections 76 to 78, 82 to 84 and 86 come into force on the day after Royal Assent. 2 The rest of this Act comes into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may appoint different days for different purposes. 4 The Scottish Ministers must, no later than 1 April 2019, lay before the Scottish Parliament a report setting out the administrative arrangements they intend to make for the carrying out of their functions under this Act. 5 The report under subsection (4) must set out in particular the arrangements the Scottish Ministers intend to make for— a the establishment of any agency or similar body, b the governance of any such agency or body, c the roles and responsibilities of senior officers of any such agency or body, d the financial reporting and accountability of any such agency or body, e the establishment of any advisory groups to assist them in carrying out their functions, f the exercise of the powers in section 70 (power to form companies etc.). 6 Before making any significant change to the arrangements set out in the report under subsection (4), the Scottish Ministers must— a consult such persons as they consider appropriate, b notify the Scottish Parliament of any such change. 7 Regulations under this section may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 86 The short title of this Act is the Forestry and Land Management (Scotland) Act 2018. SCHEDULE 1 MODIFICATIONS OF ENACTMENTS (introduced by section 79(1)) Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 1 In section 1(1) of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (procedure for compulsory purchase of land etc.), after paragraph (d) insert— da by the Scottish Ministers under section 19 of the Forestry and Land Management (Scotland) Act 2018; . Town and Country Planning (Scotland) Act 1997 2 In section 160(7) of the Town and Country Planning (Scotland) Act 1997 (power to make tree preservation orders), for paragraph (b) substitute— b section 33 of the Forestry and Land Management (Scotland) Act 2018 (felling of trees subject to tree preservation orders). . SCHEDULE 2 REPEALS (introduced by section 79(2)) Enactment Extent of repeal Countryside (Scotland) Act 1967 Sections 58 and 59. Section 60(1). In section 60(7), paragraph (h) and the words from “but” to “Act of 1967”. Section 60(8). Section 65(5)(e). In section 74(2)(b), “or under the Forestry Act 1967”. Forestry Act 1967 The whole Act. Countryside Act 1968 Section 24. Agriculture (Miscellaneous Provisions) Act 1972 In section 23(3), “section 46 of the Forestry Act 1967 or under”. Forestry Act 1979 Section 1. Wildlife and Countryside Act 1981 In section 14C(2)(a), “, the Forestry Commissioners”. Section 14P(6)(d) and the “or” immediately preceding it. Electricity Act 1989 In schedule 16, paragraph 1(1)(xvii). Tribunals and Inquiries Act 1992 In schedule 1, Part 2, paragraph 53. Gas Act 1995 In schedule 4, paragraph 2(1)(xiii). Climate Change (Scotland) Act 2009 Section 59. SCHEDULE 3 INDEX OF DEFINED EXPRESSIONS (introduced by section 82) Expression Interpretation provision Continuing condition Section 27(4)(d) Crown land Section 84(2) Felling Section 22 Felling direction Section 34(2) Felling permission Section 25(1) Forestry dedication agreement Section 78 Forested land Section 12(1) National forest estate Section 13 Notice of discharge of liability for expenses Section 66(2) Notice of discharge from compliance Section 41(2) Notice of liability for expenses Section 64 Notice of variation Section 40(3) Notice to comply Section 38(2) Owner Section 78 Register Section 42(1) Registered notice to comply Section 22 Registered remedial notice Section 22 Remedial notice Section 54(2) Restocking direction Section 36(2) Stock Section 36(3) Temporary stop notice Section 45(2) Tree preservation order Section 33(7) S. 23(1) excluded (1.4.2019) by The Forestry (Exemptions) (Scotland) Regulations 2019 (S.S.I. 2019/126) , regs. 1 , 3 , 4 (with reg. 5 ) S. 9 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 10 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 67 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 80 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) Sch. 2 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) Sch. 1 para. 1 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) Sch. 1 para. 2 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 1 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 2 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 3 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 4 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 5 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 6 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 7 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 8 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 11 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 12 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 13 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 14 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 15 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 16 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 17 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 18 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 19 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 20 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 21 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 22 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 23 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 24 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 25 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 26 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 27 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 28 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 29 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 30 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 31 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 32 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 33 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 34 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 35 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 36 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 37 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 38 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 39 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 40 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 41 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 42 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 43 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 44 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 45 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 46 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 47 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 48 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 49 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 50 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 51 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 52 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 53 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 54 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 55 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 56 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 57 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 58 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 59 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 60 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 61 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 62 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 63 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 64 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 65 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 66 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 68 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 69 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 70 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 71 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 72 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 73 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 74 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 75 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 79 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 ) S. 81 in force at 1.4.2019 by S.S.I. 2019/47 , reg. 2 (with regs. 3-22 )
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[uk-legislation-asp][asp] 2024-05-04 Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Act 2018
http://www.legislation.gov.uk/asp/2018/7/2018-04-20
http://www.legislation.gov.uk/asp/2018/7/2018-04-20 Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Act 2018 An Act of the Scottish Parliament to repeal the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012; and for connected purposes. text text/xml en Statute Law Database 2018-06-07 2018-04-20 Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Act 2018 2018 asp 7 An Act of the Scottish Parliament to repeal the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 15th March 2018 and received Royal Assent on 19th April 2018 Repeal of the 2012 Act 1 The 2012 Act is repealed. Offences 2 1 Despite section 17 of the Interpretation and Legislative Reform (Scotland) Act 2010, on or after the relevant date— a no person can be convicted of or found to have committed a relevant offence, and b no penalty may be imposed on a person in respect of a relevant offence of which that person was convicted prior to the relevant date. 2 Subsection (1) applies, but is not limited, to any prosecution brought (whether before, on or after the relevant date) under section 119 or section 185 of the 1995 Act. 3 In proceedings for a relevant offence begun before, but not determined by, the relevant date the person charged in the proceedings may be convicted of a different offence if the facts proved in the proceedings amount to that different offence. 4 In subsection (3), “ different offence ” means a statutory offence other than a relevant offence. Transitional and saving provision 3 This Act does not affect the liability of a person to a penalty imposed prior to the relevant date for a relevant offence of which that person was convicted prior to the relevant date. Fixed penalties 4 In Part 1 of the table in section 128 of the Antisocial Behaviour etc. (Scotland) Act 2004 (fixed penalty offences), the entry relating to section 1(1) of the 2012 Act is repealed. Interpretation 5 In this Act— “ the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995, “ the 2012 Act ” means the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012, “ Appeal Court ” means the High Court or the Sheriff Appeal Court, “ High Court ” has the meaning given by section 307 of the 1995 Act, “ the relevant date ” means the date on which this Act comes into force, “ relevant offence ” means an offence under section 1 or section 6 of the 2012 Act. Commencement 6 This Act comes into force on the day after Royal Assent. Short title 7 The short title of this Act is the Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Act 2018.
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[uk-legislation-asp][asp] 2024-05-04 Domestic Abuse (Scotland) Act 2018
http://www.legislation.gov.uk/asp/2018/5/2019-04-01
http://www.legislation.gov.uk/asp/2018/5/2019-04-01 Domestic Abuse (Scotland) Act 2018 An Act of the Scottish Parliament to create an offence with respect to the engaging by a person in a course of behaviour which is abusive of the person's partner or ex-partner; and to make rules of criminal procedure for that offence and also for offences subject to the statutory aggravation involving abuse of partners or ex-partners. text text/xml en Statute Law Database 2019-07-08 Expert Participation 2019-04-01 Domestic Abuse (Scotland) Act 2018 2018 asp 5 An Act of the Scottish Parliament to create an offence with respect to the engaging by a person in a course of behaviour which is abusive of the person's partner or ex-partner; and to make rules of criminal procedure for that offence and also for offences subject to the statutory aggravation involving abuse of partners or ex-partners. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 1st February 2018 and received Royal Assent on 9th March 2018 Part 1 Offence as to domestic abuse Engaging in course of abusive behaviour Abusive behaviour towards partner or ex-partner 1 1 A person commits an offence if— a the person (“A”) engages in a course of behaviour which is abusive of A's partner or ex-partner (“B”), and b both of the further conditions are met. 2 The further conditions are— a that a reasonable person would consider the course of behaviour to be likely to cause B to suffer physical or psychological harm, b that either— i A intends by the course of behaviour to cause B to suffer physical or psychological harm, or ii A is reckless as to whether the course of behaviour causes B to suffer physical or psychological harm. 3 In the further conditions, the references to psychological harm include fear, alarm and distress. What constitutes abusive behaviour 2 1 Subsections (2) to (4) elaborate on section 1(1) as to A's behaviour. 2 Behaviour which is abusive of B includes (in particular)— a behaviour directed at B that is violent, threatening or intimidating, b behaviour directed at B, at a child of B or at another person that either— i has as its purpose (or among its purposes) one or more of the relevant effects set out in subsection (3), or ii would be considered by a reasonable person to be likely to have one or more of the relevant effects set out in subsection (3). 3 The relevant effects are of— a making B dependent on, or subordinate to, A, b isolating B from friends, relatives or other sources of support, c controlling, regulating or monitoring B's day-to-day activities, d depriving B of, or restricting B's, freedom of action, e frightening, humiliating, degrading or punishing B. 4 In subsection (2)— a in paragraph (a), the reference to violent behaviour includes sexual violence as well as physical violence, b in paragraph (b), the reference to a child is to a person who is under 18 years of age. Extra-territorial jurisdiction 3 1 An offence under section 1(1) can be constituted by a course of behaviour engaged in by A even if the course of behaviour occurs wholly or partly outside the United Kingdom. 2 If the course of behaviour occurs wholly outside the United Kingdom— a A may be prosecuted, tried and punished for the offence— i in a sheriff court district in which A is apprehended or in custody, or ii in a sheriff court district that is determined by the Lord Advocate, as if the offence has been committed entirely in that district, b the offence is, for all things incidental to or consequential on trial and punishment, deemed to have been committed entirely in that district. 3 Subsections (1) and (2) apply only if A, when the course of behaviour occurs— a is habitually resident in Scotland, or b is a UK national. 4 “ UK national ” means someone who is, as referred to in the British Nationality Act 1981— a a British citizen, b a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, or c a British subject or a British protected person. Evidence, aggravation and defence Evidence of impact on victim 4 1 The commission of an offence under section 1(1) does not depend on the course of behaviour actually causing B to suffer harm of the sort mentioned in section 1(2). 2 The operation of section 2(2)(b) does not depend on behaviour directed at someone actually having on B any of the relevant effects set out in section 2(3). 3 Nothing done by or mentioned in subsection (1) or (2) prevents evidence from being led in proceedings for an offence under section 1(1) about (as the case may be)— a harm actually suffered by B as a result of the course of behaviour, or b effects actually had on B of behaviour directed at someone. Aggravation in relation to a child 5 1 This subsection applies where it is, in proceedings for an offence under section 1(1)— a specified in the complaint or libelled in the indictment that the offence is aggravated by reason of involving a child, and b proved that the offence is so aggravated. 2 The offence is so aggravated if, at any time in the commission of the offence— a A directs behaviour at a child, or b A makes use of a child in directing behaviour at B. 3 The offence is so aggravated if a child sees or hears, or is present during, an incident of behaviour that A directs at B as part of the course of behaviour. 4 The offence is so aggravated if a reasonable person would consider the course of behaviour, or an incident of A's behaviour that forms part of the course of behaviour, to be likely to adversely affect a child usually residing with A or B (or both). 5 For it to be proved that the offence is so aggravated, there does not need to be evidence that a child— a has ever had any— i awareness of A's behaviour, or ii understanding of the nature of A's behaviour, or b has ever been adversely affected by A's behaviour. 6 Evidence from a single source is sufficient to prove that the offence is so aggravated. 7 Where subsection (1) applies, the court must— a state on conviction that the offence is so aggravated, b record the conviction in a way that shows that the offence is so aggravated, c take the aggravation into account in determining the appropriate sentence, and d state— i where the sentence imposed in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or ii otherwise, the reasons for there being no such difference. 8 Each of subsections (2) to (4) operates separately along with subsection (5), but subsections (2) to (4) may be used in combination along with subsection (5). 9 Nothing in subsections (2) to (5) prevents evidence from being led about— a a child's observations of, or feelings as to, A's behaviour, or b a child's situation so far as arising because of A's behaviour. 10 In subsections (4) and (5), the references to adversely affecting a child include causing the child to suffer fear, alarm or distress. 11 In this section, the references to a child are to a person who— a is not A or B, and b is under 18 years of age. Defence on grounds of reasonableness 6 1 In proceedings for an offence under section 1(1), it is a defence for A to show that the course of behaviour was reasonable in the particular circumstances. 2 That is to be regarded as shown if— a evidence adduced is enough to raise an issue as to whether the course of behaviour is as described in subsection (1), and b the prosecution does not prove beyond reasonable doubt that the course of behaviour is not as described in subsection (1). Presumption, alternative and penalty Presumption as to the relationship 7 1 In proceedings for an offence under section 1(1), the matter of B being A's partner or ex-partner is to be taken as established— a according to the stating of the matter in the charge of the offence in the complaint or indictment, and b unless the matter is challenged as provided for in subsection (2). 2 The matter is challenged— a in summary proceedings, by— i preliminary objection before the plea is recorded, or ii later objection as the court allows in special circumstances, b in proceedings on indictment, by giving notice of a preliminary objection in accordance with section 71(2) or 72(6)(b)(i) of the Criminal Procedure (Scotland) Act 1995. Alternative available for conviction 8 1 In proceedings for an offence under section 1(1), A may be convicted of an alternative offence if the facts proved against A— a do not amount to the offence under section 1(1), but b do amount to the alternative offence. 2 An alternative offence as referred to in subsection (1) is one or other of these— a an offence under section 38(1) (threatening or abusive behaviour) of the Criminal Justice and Licensing (Scotland) Act 2010, b an offence under section 39 (offence of stalking) of that Act. Penalty for offence under section 1(1) 9 A person who commits an offence under section 1(1) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both). Meaning given to key expressions Meaning of references to behaviour 10 1 Subsections (2) to (4) explain what is meant by the references to behaviour in this Part. 2 Behaviour is behaviour of any kind, including (for example)— a saying or otherwise communicating something as well as doing something, b intentionally failing— i to do something, ii to say or otherwise communicate something. 3 Behaviour directed at a person is such behaviour however carried out, including (in particular)— a by way of conduct towards property, b through making use of a third party, as well as behaviour in a personal or direct manner. 4 A course of behaviour involves behaviour on at least two occasions. Meaning of partner and ex-partner 11 1 Subsections (2) and (3) describe who is a person's partner or ex-partner as referred to in this Part. 2 Someone is a person's partner if they are— a spouses or civil partners of each other, b living together as if spouses of each other, or c in an intimate personal relationship with each other. 3 Whether someone is a person's ex-partner is to be determined accordingly. Part 2 Further and final matters Schedule, regulations and reporting The 1995 Act etc. 12 1 The schedule modifies the 1995 Act and some other enactments in various respects, including under several headings as to rules of criminal procedure— restriction on bail in solemn cases, bail condition concerning precognition, prohibition on conduct of own defence, special measures for vulnerable witnesses, presentation of certain expert evidence, victim safety in relation to sentencing, consideration of non-harassment order. 2 In this section (together with the schedule), “ the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995. Ancillary provision 13 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision that they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under subsection (1)— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, b otherwise, are subject to the negative procedure. Reporting requirement 14 1 The Scottish Ministers must prepare a report on the use of, during the reporting period— a an offence under section 1(1), b an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. 2 The report must set out, in relation to those sorts of offences— a the number of cases for which criminal proceedings are undertaken, b the number of cases where it has been— i specified in the complaint or libelled in the indictment that the offence is aggravated by reason of involving a child as described in section 5(1)(a), ii proved that the offence is so aggravated, c the number of convictions in criminal proceedings, d the number of cases in which a non-harassment order has been made under section 234AZA of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders: domestic abuse cases) in favour of— i a victim, ii a child by virtue of subsection (3) of that section, e the average length of time— i from service of the complaint or indictment, ii to finding or verdict as to guilt (including plea of guilty), f information about the experience of witnesses (including witnesses who are children) at court, g such additional information as the Scottish Ministers think fit. 3 The report must, in relation to those sorts of offences— a include distinct statistics for each of them, b provide details with respect to particular— i areas, ii types of court. 4 For the purpose of the report, the Scottish Ministers must seek information from the Lord President of the Court of Session on how court business is arranged, including in different areas or types of court, so as to ensure the efficient disposal of cases involving those sorts of offences. 5 The report must be laid before the Scottish Parliament as soon as practicable after the end of the reporting period. 6 The reporting period is the period of 3 years beginning with the day on which section 1(1) comes into force. Commencement and short title Commencement 15 1 The following provisions come into force on the day after Royal Assent— a section 13, b this section and section 16. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 16 This short title of this Act is the Domestic Abuse (Scotland) Act 2018. SCHEDULE MODIFICATION OF ENACTMENTS (introduced by section 12) PART 1 RULES OF CRIMINAL PROCEDURE CHAPTER 1 RESTRICTION ON BAIL IN SOLEMN CASES 1 1 The 1995 Act is amended as follows. 2 In section 23D— a in subsection (2)— i in paragraph (a), for the words “a violent or sexual offence” there is substituted “ an offence falling within subsection (3A) ” , ii in paragraph (b), for the words “a violent or sexual offence” there is substituted “ an offence falling within subsection (3A) ” , b after subsection (3) there is inserted— 3A An offence falls within this subsection if it is— a a violent offence, b a sexual offence, or c a domestic abuse offence. ' c in subsection (4), after the first definition there is inserted— “ domestic abuse offence ” means— a an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, or b an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016; ' d in subsection (5), for the words “a violent or sexual offence or a drug trafficking offence” there is substituted “ a type of offence ” . CHAPTER 2 CONDUCT OF PRECOGNITION AND DEFENCE Bail condition concerning precognition 2 1 The 1995 Act is amended as follows. 2 In section 24— a in paragraph (e) of subsection (5), for the words “to which section 288C of this Act applies” there is substituted “ listed in subsection (7A)(b) ” , b for subsection (7A) there is substituted— 7A For the purpose of subsection (5)(e)— a “ complainer ” means the person against whom the offence is alleged to have been committed, b the list is— i an offence to which section 288C applies (certain sexual offending), ii an offence to which section 288DC applies (domestic abuse cases). . Prohibition on conduct of own defence 3 1 The Legal Aid (Scotland) Act 1986 is amended as follows. 2 In section 22, in subsection (1)(dd), for the words “sexual offence” there is substituted “ certain offences ” . 4 1 The 1995 Act is amended as follows. 2 In section 35— a in the opening text of subsection (4A), for the words “a sexual offence to which section 288C of this Act applies” there is substituted “ an offence listed in subsection (4AA)(b) ” , b in paragraph (a) of subsection (4A), the words “(within the meaning of section 288C(1A))” are repealed, c after subsection (4A) there is inserted— 4AA For the purposes of subsection (4A)— a “ relevant hearing ” is to be construed in accordance with section 288C(1A) or (as the case may be) 288DC(4), b the list is— i an offence to which section 288C applies (certain sexual offending), ii an offence to which section 288DC applies (domestic abuse cases). . 3 In section 66— a in paragraph (b) of subsection (4C), for the words “a sexual offence to which section 288C of this Act applies” there is substituted “ an offence listed in subsection (14A)(b) ” , b in subsection (6A)— i in the opening text, for the words “a sexual offence to which section 288C of this Act applies” there is substituted “ an offence listed in subsection (14A)(b) ” , ii in paragraph (a)(i), the words “(within the meaning of section 288C(1A))” are repealed, c after subsection (14) there is inserted— 14A For the purposes of subsections (4C) and (6A)— a “ relevant hearing ” is to be construed in accordance with section 288C(1A) or (as the case may be) 288DC(4), b the list is— i an offence to which section 288C applies (certain sexual offending), ii an offence to which section 288DC applies (domestic abuse cases). . 4 In section 71, after paragraph (a) of subsection (B1) there is inserted— aa in respect of an offence to which section 288DC of this Act applies (domestic abuse cases), . 5 In section 72, in each of— a paragraph (a) of subsection (2), and b paragraph (a)(i) of subsection (6), after the words “section 288C” there is inserted “ or 288DC ” . 6 In section 72F, in paragraph (a) of subsection (6), after the words “section 288C” there is inserted “ or 288DC ” . 7 In section 92, after paragraph (a) of subsection (2F) there is inserted— aa in respect of an offence to which section 288DC of this Act applies; . 8 In section 140— a in subsection (2A)— i in the opening text, for the words “a sexual offence to which section 288C of this Act applies” there is substituted “ an offence listed in subsection (2C)(c) ” , ii in paragraph (a), the words “(within the meaning of section 288C(1A))” are repealed, b for subsection (2C) there is substituted— 2C For the purposes of subsection (2A)— a “ commissioner proceedings ” means proceedings before a commissioner appointed under section 271I(1) or by virtue of section 272(1)(b), b “ relevant hearing ” is to be construed in accordance with section 288C(1A) or (as the case may be) 288DC(4), c the list is— i an offence to which section 288C applies (certain sexual offending), ii an offence to which section 288DC applies (domestic abuse cases). . 9 In section 144— a in subsection (3A)— i in the opening text, for the words “a sexual offence to which section 288C of this Act applies” there is substituted “ an offence listed in subsection (3AA)(b) ” , ii in paragraph (a), the words “(within the meaning of section 288C(1A))” are repealed, b after subsection (3A) there is inserted— 3AA For the purposes of subsection (3A)— a “ relevant hearing ” is to be construed in accordance with section 288C(1A) or (as the case may be) 288DC(4), b the list is— i an offence to which section 288C applies (certain sexual offending), ii an offence to which section 288DC applies (domestic abuse cases). . 10 In section 146— a in subsection (3A)— i in the opening text, for the words “a sexual offence to which section 288C of this Act applies” there is substituted “ an offence listed in subsection (3AA)(b) ” , ii in paragraph (a), the words “(within the meaning of section 288C(1A))” are repealed, b after subsection (3A) there is inserted— 3AA For the purposes of subsection (3A)— a “ relevant hearing ” is to be construed in accordance with section 288C(1A) or (as the case may be) 288DC(4), b the list is— i an offence to which section 288C applies, ii an offence to which section 288DC applies. . 11 In section 148A— a in subsection (1), for the words “a sexual offence to which section 288C of this Act applies” there is substituted “ an offence listed in subsection (10) ” , b after subsection (9) there is inserted— 10 For the purposes of this section, the list is— a an offence to which section 288C applies, b an offence to which section 288DC applies. . 12 The title of section 148A becomes “ Interim diet required in certain sexual or domestic abuse cases ” . 13 In section 150A, after paragraph (a) of subsection (8), there is inserted— aa in respect of an offence to which section 288DC of this Act applies; . 14 Before section 288E (and after the italic heading immediately preceding that section) there is inserted— Prohibition of personal conduct of defence in domestic abuse cases 288DC 1 This section applies to— a an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, b an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. 2 An accused in proceedings for an offence to which this section applies is prohibited from conducting the accused's case in person at, or for the purposes of, any relevant hearing in the course of the proceedings. 3 Section 288D applies in the case of proceedings in respect of an offence to which this section applies as it does in the case of proceedings in respect of an offence to which section 288C applies (and a reference in section 288D to a relevant hearing is to be read accordingly). 4 In subsection (2), “ relevant hearing ” means a hearing at, or for the purposes of, which a witness is to give evidence. . 15 In section 288E, in paragraph (c)(ii) of subsection (3), after the words “section 288C” there is inserted “ or 288DC ” . 16 In section 288F, after paragraph (b) of subsection (1) there is inserted— ba in respect of an offence to which section 288DC of this Act applies, . 5 1 The Criminal Justice (Scotland) Act 2016 is amended as follows. 2 In section 20— a in subsection (1), in each of paragraphs (a) and (b)(ii), for the words “a sexual offence to which section 288C of the 1995 Act applies” there is substituted “ an offence listed in subsection (3)(b) ” , b in paragraph (a) of subsection (2), the words “(within the meaning of section 288C(1A) of the 1995 Act)” are repealed, c after subsection (2) there is inserted— 3 For the purposes of subsections (1) and (2)— a “ relevant hearing ” is to be construed in accordance with section 288C(1A) or (as the case may be) 288DC(4) of the 1995 Act, b the list is— i an offence to which section 288C of the 1995 Act applies (certain sexual offending), ii an offence to which section 288DC of the 1995 Act applies (domestic abuse cases). . 3 The title of section 20 becomes “ Information to be given in particular cases ” . CHAPTER 3 VULNERABLE WITNESSES AND EXPERT EVIDENCE Special measures for vulnerable witnesses 6 1 The 1995 Act is amended as follows. 2 In section 271B, in subsection (2)— a paragraph (c) is repealed (as is the word “and” immediately preceding paragraph (f)), b after paragraph (f) there is inserted— g an offence to which section 288C applies (certain sexual offending), h an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, i an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. . Presentation of certain expert evidence 7 1 The 1995 Act is amended as follows. 2 In section 275C— a in subsection (1)— i the words from “any” to the end become paragraph (a), ii after that paragraph (as so numbered) there is inserted— b an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, c an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. , b after subsection (3) there is inserted— 3A Where the offence is as referred to in subsection (1)(b) above, the reference in the last definition in subsection (3) above to any behaviour or statement subsequent to the offence includes any behaviour or statement subsequent to a particular part of the course of behaviour of which the offence consists. , CHAPTER 4 VICTIM SAFETY AND NON-HARASSMENT Victim safety in relation to sentencing 8 1 The 1995 Act is amended as follows. 2 After section 210AA there is inserted— Approach in domestic abuse cases Particular factor as to victim safety 210AB 1 When sentencing a person convicted of an offence listed in subsection (2)(b), the court must have particular regard to the aim of ensuring that the victim is not the subject of a further such offence committed by the convicted person. 2 For the purpose of subsection (1)— a “ victim ” means the person against whom the offence was committed, b the list is— i an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, ii an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. . Consideration of non-harassment order 9 1 The 1995 Act is amended as follows. 2 After section 234A there is inserted— Non-harassment orders: domestic abuse cases 234AZA 1 Section 234A applies subject to this section if an offence referred to in subsection (1) of that section is one listed in subsection (2)(c). 2 For the purposes of this section— a “ victim ” has the same meaning as it has in section 234A, b “ child ” has the same meaning as given by section 5(11) of the Domestic Abuse (Scotland) Act 2018, c the list is— i an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, ii an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. 3 A non-harassment order in the person's case may include provision for the order to apply in favour of any of the following, in addition to the victim— a in any circumstances, a child usually residing with the person or a child usually residing with the victim (or a child usually residing with both the person and the victim), b where the offence is one under section 1(1) of the Domestic Abuse (Scotland) Act 2018, and is aggravated as described in section 5(1)(a) of that Act, a child to whom the aggravation relates, if the court is satisfied that it is appropriate for the child to be protected by the order. 4 The court must— a without an application by the prosecutor, consider whether to make a non-harassment order in the person's case, b after hearing the prosecutor as well as the person, make such an order unless of a negative conclusion on the question, c if of a negative conclusion on the question, explain the basis for this. 5 Here, a negative conclusion on the question is the conclusion by the court that there is no need for— a the victim, or b the children (if any) in mind by virtue of subsection (3), to be protected by such an order. 6 In the operation of section 234A along with subsection (4)— a subsection (1A) of that section is of no effect (and the reference in subsection (2) of that section to an application under subsection (1A) of that section is to be ignored), b further— i the references in subsections (2A), (2BA) and (2C) of that section to the person against whom the order is sought are to be read as being to the person in whose case the making of a non-harassment order is being considered, ii the reference in subsection (2C) of that section to representations in response to the application is to be read as being to representations on the question of whether to make a non-harassment order, iii the reference in subsection (6) of that section to the prosecutor at whose instance the order is made is to be read as being to the prosecutor in the case in which the non-harassment order is made. 7 For the avoidance of doubt, nothing in this section affects the ability to make a non-harassment order in the case instead of or in addition to dealing with the person in any other way. . PART 2 MINOR AND CONSEQUENTIAL AMENDMENTS 10 1 The 1995 Act is amended as follows. 2 In section 79 (preliminary pleas and preliminary issues), after paragraph (c) of subsection (3A) there is inserted— d section 1A(2)(b) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 or section 7(2)(b) of the Domestic Abuse (Scotland) Act 2018. . 11 1 The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 is amended as follows. 2 In section 1 (aggravation of offence where abuse of partner or ex-partner), in subsection (6)(b), the words “or civil partners” are repealed. 3 After section 1 there is inserted— Presumption as to the relationship 1A 1 In proceedings for an offence that is aggravated as described in section 1(1)(a), the matter of a person being another person's partner or ex-partner is to be taken as established— a according to the stating of the matter in the charge of the offence in the complaint or indictment, and b unless the matter is challenged as provided for in subsection (2). 2 The matter is challenged— a in summary proceedings, by— i preliminary objection before the plea is recorded, or ii later objection as the court allows in special circumstances, b in proceedings on indictment, by giving notice of a preliminary objection in accordance with section 71(2) or 72(6)(b)(i) of the 1995 Act. . S. 1 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 4 ) S. 2 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 4 ) S. 3 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 4 ) S. 4 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 4 ) S. 5 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 4 ) S. 6 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 4 ) S. 7 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 4 ) S. 8 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 4 ) S. 9 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 4 ) S. 10 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 4 ) S. 11 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 4 ) S. 12 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 S. 14 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 5 ) Sch. para. 1 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 6 ) Sch. para. 2 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 6 ) Sch. para. 4 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 7 ) Sch. para. 6 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 7 ) Sch. para. 7 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 7 ) Sch. para. 8 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 7 ) Sch. para. 9 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 7 ) Sch. para. 10 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 7 ) Sch. para. 3 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 7 ) Sch. para. 5 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 7 ) Sch. para. 11 in force at 1.4.2019 by S.S.I. 2018/387 , reg. 2 (with reg. 7 )
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[uk-legislation-asp][asp] 2024-05-04 Wild Animals in Travelling Circuses (Scotland) Act 2018
http://www.legislation.gov.uk/asp/2018/3/2018-05-28
http://www.legislation.gov.uk/asp/2018/3/2018-05-28 Wild Animals in Travelling Circuses (Scotland) Act 2018 An Act of the Scottish Parliament to make it an offence to use wild animals in travelling circuses. text text/xml en Statute Law Database 2018-07-03 Expert Participation 2018-05-28 Wild Animals in Travelling Circuses (Scotland) Act 2018 2018 asp 3 An Act of the Scottish Parliament to make it an offence to use wild animals in travelling circuses. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th December 2017 and received Royal Assent on 24th January 2018 Offence and what it covers Wild animals in travelling circuses: offence 1 1 A person who is a circus operator commits an offence if the person uses, or causes or permits another person to use, a wild animal in a travelling circus. 2 An offence under this section is committed in relation to a travelling circus only if the wild animal is transported, whether regularly or irregularly, from one place to another where it is used in the travelling circus, but— a the animal need not be in the course of being transported for the offence to be committed, b it is immaterial to the commission of the offence whether or not the transportation of the animal is with, or is part of, the travelling circus. 3 For the purpose of this section, a wild animal is used if the animal— a performs, or b is displayed or exhibited. 4 A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Meaning of wild animal 2 1 In this Act, “ wild animal ” means an animal other than one of a kind that is commonly domesticated in the British Islands. 2 For the purpose of subsection (1), an animal is of a kind that is domesticated if the behaviour, life cycle or physiology of animals of that kind has been altered as a result of the breeding or living conditions of multiple generations of animals of that kind being under human control. 3 In this section— “ animal ” has the same meaning as in Part 2 of the Animal Health and Welfare (Scotland) Act 2006 (see section 16 of that Act), “ British Islands ” has the meaning given in schedule 1 of the Interpretation Act 1978. Meaning of other key terms 3 In this Act— “ circus operator ”, in relation to a circus, means— the owner of the circus, any person, other than the owner, with overall responsibility for the operation of the circus, or if neither of the persons mentioned in paragraph (a) or (b) is present in the United Kingdom, the person in the United Kingdom who is ultimately responsible for the operation of the circus, “travelling circus”— means a circus which travels, whether regularly or irregularly, from one place to another for the purpose of providing entertainment, includes— a circus which travels as mentioned in paragraph (a) for the purpose mentioned there, despite there being periods during which it does not travel from one place to another, any place where a wild animal associated with such a circus is kept (including temporarily), (but not, for example, a circus which travels in order to relocate to a new fixed base for use only or mainly as a place to give performances). Power to specify animals as wild or not 4 1 The Scottish Ministers may by regulations specify— a a kind of animal that is to be regarded as wild, b a kind of animal that is not to be regarded as wild, for the purposes of this Act. 2 For the avoidance of doubt— a whatever is done by regulations under subsection (1)(a) is without prejudice to the generality of section 2, b the generality of section 2 is subject to whatever is done by regulations under subsection (1)(b). 3 Regulations under this section— a may make different provision for different purposes, b are subject to the affirmative procedure. Power to describe what is or is not a travelling circus 5 1 The Scottish Ministers may by regulations describe a particular type of undertaking, act, entertainment or similar thing that— a is to be regarded as a travelling circus, b is not to be regarded as a travelling circus, for the purposes of this Act. 2 For the avoidance of doubt— a whatever is done by regulations under subsection (1)(a) is without prejudice to the generality of section 3, b the generality of section 3 is subject to whatever is done by regulations under subsection (1)(b). 3 Regulations under subsection (1)— a may make different provision for different purposes, b are subject to the affirmative procedure. Individual liability for organisational offending Individual culpability where organisation commits offence 6 1 This section applies where— a an offence under section 1 is committed by a relevant organisation, and b the commission of the offence— i involves consent or connivance on the part of a responsible individual, or ii is attributable to neglect on the part of a responsible individual. 2 The responsible individual (as well as the relevant organisation) commits the offence. 3 For the purposes of this section— a “ relevant organisation ” means an organisation listed in the first column of the table in subsection (4), b “ responsible individual ” means, in relation to a relevant organisation— i an individual falling within the corresponding entry in the second column of the table in subsection (4), or ii an individual purporting to act in the capacity of an individual falling within the corresponding entry. 4 The table is as follows— Organisation Individual company as mentioned in section 1 of the Companies Act 2006 director, manager, secretary or other similar officer member, where the company's affairs are managed by its members limited liability partnership member other partnership partner any other body or association individual who is concerned in the management or control of its affairs Enforcement Powers of enforcement 7 1 Schedule 1 makes provision about the powers of inspectors and constables for the purposes of and in connection with this Act. 2 Schedule 2 makes further provision about the application of schedule 1 in relation to Crown land. General Crown application 8 1 Nothing in this Act makes the Crown criminally liable. 2 The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1). 3 Subsection (1) does not affect the criminal liability of persons in the service of the Crown. Commencement 9 1 This section and section 10 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Different days may be appointed for different purposes. Short title 10 The short title of this Act is the Wild Animals in Travelling Circuses (Scotland) Act 2018. SCHEDULE 1 ENFORCEMENT POWERS (introduced by section 7(1)) Interpretation 1 In this schedule— “ constable ” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012, “domestic premises”— means premises, or a part of premises, used (or used for the time being) exclusively as a dwelling-house, and includes any land or structure— belonging to or usually enjoyed with the dwelling-house, or adjacent to and for the time being enjoyed with the dwelling-house, “ inspector ” means a person appointed as an inspector for the purposes of this Act— by the Scottish Ministers, or by a local authority, “ premises ” includes— land, any other place, including— a vehicle or vessel, a tent or other moveable structure, “ relevant power ” means a power conferred on an inspector or a constable by— a provision of this schedule, or a warrant granted under a provision of this schedule, “ section 1 offence ” means an offence under section 1. Entry and associated powers 2 An inspector may enter any premises (other than domestic premises)— a if there are reasonable grounds for believing that a section 1 offence has been or is being committed at the premises, and b for the purpose of ascertaining whether or not a section 1 offence has been or is being committed at the premises. 3 1 A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied— a that there are reasonable grounds for believing— i that a section 1 offence has been or is being committed at any premises, or ii that evidence of the commission of, or participation in, a section 1 offence is to be found at any premises, and b that condition A or condition B is satisfied in relation to the premises. 2 Condition A is— a that— i admission to the premises has been refused, or ii such a refusal may reasonably be expected, and b that— i notice of the intention to seek a warrant has been given to the occupier of the premises, or ii the giving of such notice would frustrate the purpose for which the warrant is sought. 3 Condition B is— a that the premises are unoccupied, or b that the occupier is temporarily absent. 4 A warrant under paragraph 3(1) authorises an inspector or a constable— a to enter the premises, b to search for and examine any animal, and c to search for, examine and seize any equipment, document or other thing tending to provide evidence of the commission of, or participation in, a section 1 offence. 5 1 An inspector or a constable may exercise the powers in sub-paragraph (2) without a warrant under paragraph 3(1)— a if it appears to the inspector or, as the case may be, constable that any delay would frustrate the purpose for which the powers are to be exercised, and b in relation only to premises other than domestic premises. 2 The powers are— a to enter premises, b to search for and examine any animal, and c to search for, examine and seize any equipment, document or other thing tending to provide evidence of the commission of, or participation in, a section 1 offence. Stopping and detaining vehicles 6 1 A constable in uniform may stop and detain a vehicle or vessel for the purpose of the exercise of a relevant power. 2 An inspector, if accompanied by a constable in uniform, may stop and detain a vehicle or vessel for the purpose of the exercise of a relevant power. 3 A vehicle or vessel may be detained under sub-paragraph (1) or (2) for so long as it is reasonably required for the purpose of the exercise of the power concerned. 4 The power concerned may be exercised either at the place where the vehicle or vessel was first detained or nearby. 5 In this paragraph, “ vehicle ” includes caravan (within the meaning of section 29(1) of the Caravan Sites and Control of Development Act 1960). Entry and associated powers: supplementary 7 A warrant granted under paragraph 3(1) remains in force for a period of 28 days beginning with the day on which it was granted. 8 A person exercising a relevant power must do so at a reasonable time unless it appears to the person that the purpose of exercising the power would be frustrated by exercising it at such a time. 9 1 A person may, if necessary, use reasonable force when exercising a relevant power. 2 Sub-paragraph (1) does not apply to the power conferred by paragraph 2. 10 A person exercising a relevant power must, if required, produce evidence of the person's authority. 11 1 A relevant power includes power to take onto premises— a such persons for assistance as are required for the purpose of exercising the power, and b such equipment as is required for that purpose. 2 A relevant power includes power to do or secure the doing of any of the following— a the carrying out of tests on, and taking of samples from— i an animal, ii any equipment, substance or other thing, b the identifying of an animal by use of a mark, microchip or any other method of identification. 12 1 A person mentioned in sub-paragraph (2) must— a comply with any reasonable direction made by an inspector, or a constable, exercising a relevant power, and b in particular, give the inspector or constable such information and assistance as the inspector or constable may reasonably require. 2 The persons are— a the occupier of premises in relation to which a relevant power is being exercised, b as respects the premises of a circus in relation to which a relevant power is being exercised, the circus operator, c a person who appears to be under the direction or control of a person mentioned in paragraph (a) or (b). 13 A person exercising a relevant power in relation to unoccupied premises must leave the premises as effectively secured against entry as the person found them. Offences 14 1 A person who, without reasonable excuse, contravenes paragraph 12(1) commits an offence. 2 A person who intentionally obstructs an inspector or constable in the exercise of a relevant power commits an offence. 3 A person who commits an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Liability of inspectors 15 1 An inspector is not liable in any civil or criminal proceedings for anything done in the purported performance of the inspector's functions under this schedule where the inspector acts on reasonable grounds and in good faith. 2 Sub-paragraph (1) applies to any person taken onto premises by an inspector under paragraph 11(1)(a) as it applies to an inspector if the person is in the company, and under the supervision, of an inspector exercising functions under this schedule. Powers of constables under this schedule 16 The powers conferred on constables by this schedule are without prejudice to any powers conferred on constables apart from this schedule. SCHEDULE 2 CROWN LAND (introduced by section 7(2)) 1 A power of entry conferred by a provision of schedule 1, or a warrant granted under such a provision, is exercisable in relation to Crown land only with the consent of the appropriate authority. 2 1 In paragraph 1, “ Crown land ” means land an interest in which— a belongs to Her Majesty— i in right of the Crown, or ii in right of Her private estates, b belongs to— i an office-holder in the Scottish Administration, or ii a Government Department, or c is held in trust for Her Majesty for the purposes of the Scottish Administration or a Government Department. 2 In paragraph 1, “ appropriate authority ” in relation to land— a in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, b in the case of other land belonging to Her Majesty in right of the Crown, means— i where an office-holder in the Scottish Administration has the management of the land, the office-holder, ii where a Government Department has the management of the land, the Government Department, or iii where the land is land to which section 90B(5) of the Scotland Act 1998 applies, the person who has the management of that land, c in the case of land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers, d in the case of land— i belonging to an office-holder in the Scottish Administration or to a Government Department, or ii held in trust for Her Majesty for the purposes of the Scottish Administration or a Government Department, means the relevant office-holder or (as the case may be) Government Department. 3 1 In paragraph 2— a “ Government Department ” means a department of the Government of the United Kingdom, b the references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862. 2 It is for the Scottish Ministers to determine any question that arises as to who in accordance with paragraph 2 is the appropriate authority in relation to any land (and their decision is final). S. 1 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 S. 2 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 S. 3 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 S. 4 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 S. 5 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 S. 6 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 S. 7 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 S. 8 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 1 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 2 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 3 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 4 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 5 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 6 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 7 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 8 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 9 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 10 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 11 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 12 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 13 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 14 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 15 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 1 para. 16 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 2 para. 1 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 2 para. 2 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2 Sch. 2 para. 3 in force at 28.5.2018 by S.S.I. 2018/149 , reg. 2
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[uk-legislation-asp][asp] 2024-05-04 Writers to the Signet Dependants' Annuity Fund Amendment (Scotland) Act 2018
http://www.legislation.gov.uk/asp/2018/2/2018-02-14
http://www.legislation.gov.uk/asp/2018/2/2018-02-14 Writers to the Signet Dependants' Annuity Fund Amendment (Scotland) Act 2018 An Act of the Scottish Parliament to amend the Writers to the Signet Dependants' Annuity Fund Order Confirmation Act 1982 to amend the definition of “actuary” and to amend the description of persons who may be elected collector of the Fund. text text/xml en Statute Law Database 2018-02-26 2018-02-14 Writers to the Signet Dependants' Annuity Fund Amendment (Scotland) Act 2018 2018 asp 2 An Act of the Scottish Parliament to amend the Writers to the Signet Dependants' Annuity Fund Order Confirmation Act 1982 to amend the definition of “actuary” and to amend the description of persons who may be elected collector of the Fund. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 14th December 2017 and received Royal Assent on 18th January 2018 Amendment of the 1982 Act 1 1 In section 3 of the Order that forms the Schedule to the Writers to the Signet Dependants' Annuity Fund Order Confirmation Act 1982 (“ the 1982 Act ”) for the definition of “actuary” substitute— “ actuary ” means a Fellow of the Institute and Faculty of Actuaries appointed by the Trustees to make an actuarial investigation; . 2 For section 10(2) of that Order substitute— 2 The collector shall be an individual and, except as otherwise provided in this Order and the regulations, shall be elected each year at the annual general meeting. . Commencement 2 This Act comes into force on the day after Royal Assent. Short title 3 The short title of this Act is the Writers to the Signet Dependants' Annuity Fund Amendment (Scotland) Act 2018.
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[uk-legislation-asp][asp] 2024-05-04 Edinburgh Bakers' Widows' Fund Act 2018
http://www.legislation.gov.uk/asp/2018/1/2018-02-14
http://www.legislation.gov.uk/asp/2018/1/2018-02-14 Edinburgh Bakers' Widows' Fund Act 2018 An Act of the Scottish Parliament to allow the Trustees of the Widows' Scheme of the Incorporation of Bakers of the City of Edinburgh to make capital payments to certain persons who might otherwise have been entitled to annuity payments from the Widows' Fund for the Incorporation of Bakers within the City of Edinburgh; to transfer the remaining property, rights, interests and liabilities of the Widows' Fund to a successor charitable trust; to dissolve the Widows' Fund; and for connected purposes. text text/xml en Statute Law Database 2018-02-21 2018-02-14 Edinburgh Bakers' Widows' Fund Act 2018 2018 asp 1 An Act of the Scottish Parliament to allow the Trustees of the Widows' Scheme of the Incorporation of Bakers of the City of Edinburgh to make capital payments to certain persons who might otherwise have been entitled to annuity payments from the Widows' Fund for the Incorporation of Bakers within the City of Edinburgh; to transfer the remaining property, rights, interests and liabilities of the Widows' Fund to a successor charitable trust; to dissolve the Widows' Fund; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 21st November 2017 and received Royal Assent on 12th January 2018 Capital payments to wives of contributing members 1 1 The Trustees may make a single capital payment to each person who, on 13 November 2015, was the wife of a contributing member of the Widows' Fund, in lieu of prospective annuities that such a person would otherwise have been entitled to receive under the 1813 Act, in the event of being widowed. 2 Where a person such as is referred to in subsection (1) accepts a payment under that subsection, she loses any future entitlement, should she be widowed, to annuity payments from the Widows' Fund. 3 The Trustees are to make any payments under subsection (1) within a period of one month beginning with the day after Royal Assent. Transfer of property etc. 2 1 The property, rights, interests and liabilities of the Widows' Fund are transferred to and vested in The Incorporation of Bakers of Edinburgh Charitable Trust (registered Scottish Charity Number SC047164). 2 The property that is transferred under subsection (1) is the remaining property after the payments authorised under section 1 have been made. Dissolution and repeal 3 1 The Widows' Fund is dissolved. 2 The 1813 Act is repealed. Interpretation 4 In this Act— “the Trustees” mean the Trustees of the Widows' Scheme of the Incorporation of Bakers of the City of Edinburgh, “the Widows' Fund” means The Widows' Fund for the Incorporation of Bakers within the City of Edinburgh, “ the 1813 Act ” means the Edinburgh Bakers' Widows' Fund Act 1813 (an Act for Providing a Fund for Annuities for Widows of Members of the Incorporation of Bakers of the City of Edinburgh) (53 Geo.3, c. cxxvi). Commencement 5 1 Subject to subsections (2) and (3), this Act comes into force on the day after Royal Assent. 2 Section 2 comes into force at the end of the period of one month and one day beginning with the day after Royal Assent. 3 Section 3 comes into force at the end of the period of one month and two days beginning with the day after Royal Assent. Short title 6 The short title of this Act is the Edinburgh Bakers' Widows' Fund Act 2018.
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[uk-legislation-asp][asp] 2024-05-04 Seat Belts on School Transport (Scotland) Act 2017
http://www.legislation.gov.uk/asp/2017/7/2021-08-01
http://www.legislation.gov.uk/asp/2017/7/2021-08-01 Seat Belts on School Transport (Scotland) Act 2017 An Act of the Scottish Parliament to require that motor vehicles provided for the dedicated transport of pupils are fitted with seat belts. text text/xml en Statute Law Database 2021-09-30 Expert Participation 2021-08-01 Seat Belts on School Transport (Scotland) Act 2017 2017 asp 7 An Act of the Scottish Parliament to require that motor vehicles provided for the dedicated transport of pupils are fitted with seat belts. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 9th November 2017 and received Royal Assent on 18th December 2017 Duty to ensure seat belts fitted on dedicated school transport services 1 A school authority must ensure that each motor vehicle which the authority provides or arranges to be provided for a dedicated school transport service has a seat belt fitted to each passenger seat. Meaning of “dedicated school transport service” 2 1 For the purpose of this Act, each of the following is a “dedicated school transport service”— a a home-to-school transport service, b a school trip transport service. 2 A “home-to-school transport service” is a transport service provided for the sole purpose of carrying pupils, for the whole or part of the journey, either or both— a from the pupils' homes to any educational establishment where school education is provided for the pupils by a school authority, b from any such establishment to the pupils' homes. 3 A “school trip transport service” is a transport service, other than a home-to-school transport service, provided for the sole purpose of carrying pupils for whom school education is provided by a school authority, for the whole or part of the journey, to or from a place where the pupils receive education or training (including to or from an educational establishment). Meaning of other key terms 3 1 In this Act— “ motor vehicle ” has the meaning given by section 185 of the Road Traffic Act 1988, “ passenger seat ” means any seat in a motor vehicle other than the driver's seat, “ school authority ” means— an education authority, the managers of a grant-aided school, the proprietor of an independent school, “ seat belt ” means a belt of any kind which complies with the requirements of regulations made under section 40 of the Road Traffic Act 1972 and section 41 of the Road Traffic Act 1988 governing the construction, equipment and maintenance of motor vehicles. 2 Each of the following terms in this Act has the meaning given by section 135 of the Education (Scotland) Act 1980— “education authority”, “educational establishment”, “grant-aided school”, “independent school”, “managers”, “proprietor”, “pupil”, “school education”, “secondary education.” Annual seat belts statement 4 1 A school authority must prepare a seat belts statement in respect of each successive period of 1 year beginning with the day on which this section comes into force. 2 A “seat belts statement” is a statement containing information about the steps which the authority has taken— a to comply with the duty imposed by section 1, and b to promote and to assess the wearing of seat belts by pupils carried by the authority's dedicated school transport services. 3 A school authority must publish the seat belts statement— a as soon as reasonably practicable after the end of the period mentioned in subsection (1), and b in such manner as the authority considers appropriate. Guidance on wearing of seat belts 5 1 The Scottish Ministers must publish guidance about the steps which a school authority may take to promote and to assess the wearing of seat belts by pupils carried by the authority's dedicated school transport services. 2 A school authority must have regard to such guidance. 3 Before publishing such guidance, the Scottish Ministers must consult— a such persons as they consider to be representative of school authorities, and b such other persons as they consider appropriate. Commencement 6 1 This section and sections 2, 3 and 7 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) making provision in relation to section 1 may not appoint a day later than 31 December 2018, except that a day no later than 31 August 2021 may be appointed in respect of arrangements to provide a home-to-school transport service for pupils for whom secondary education is provided where— a the service is provided under a contract entered into by or on behalf of a school authority before the day on which the Bill for this Act received Royal Assent, and b the contract as constituted on that day does not require that the motor vehicle used to provide the service has a seat belt fitted to each passenger seat. 4 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 7 The short title of this Act is the Seat Belts on School Transport (Scotland) Act 2017. S. 1 in force at 1.8.2018 for specified purposes by S.S.I. 2018/195 , reg. 3(1) S. 4 in force at 1.8.2018 by S.S.I. 2018/195 , reg. 3(1) S. 5 in force at 1.8.2018 by S.S.I. 2018/195 , reg. 3(1) S. 1 in force at 1.8.2021 in so far as not already in force by S.S.I. 2018/195 , reg. 3(2)
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[uk-legislation-asp][asp] 2024-05-04 Child Poverty (Scotland) Act 2017
http://www.legislation.gov.uk/asp/2017/6/2019-07-01
http://www.legislation.gov.uk/asp/2017/6/2019-07-01 Child Poverty (Scotland) Act 2017 An Act of the Scottish Parliament to set targets relating to the eradication of child poverty; to make provision about plans and reports relating to the targets; and to establish the Poverty and Inequality Commission and provide for its functions. text text/xml en Statute Law Database 2019-08-22 Expert Participation 2019-07-01 Child Poverty (Scotland) Act 2017 2017 asp 6 An Act of the Scottish Parliament to set targets relating to the eradication of child poverty; to make provision about plans and reports relating to the targets; and to establish the Poverty and Inequality Commission and provide for its functions. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 8th November 2017 and received Royal Assent on 18th December 2017 Targets relating to child poverty 2030 targets 1 1 The Scottish Ministers must ensure that the 2030 targets are met in the financial year beginning with 1 April 2030. 2 The 2030 targets are that, of children living in households in Scotland— a less than 10% fall within section 3 (relative poverty), b less than 5% fall within section 4 (absolute poverty), c less than 5% fall within section 5 (combined low income and material deprivation), d less than 5% fall within section 6 (persistent poverty). Interim targets 2 1 The Scottish Ministers must ensure that the interim targets are met in the financial year beginning with 1 April 2023. 2 The interim targets are that, of children living in households in Scotland— a less than 18% fall within section 3 (relative poverty), b less than 14% fall within section 4 (absolute poverty), c less than 8% fall within section 5 (combined low income and material deprivation), d less than 8% fall within section 6 (persistent poverty). Relative poverty 3 A child falls within this section in a financial year if the child lives in a household whose equivalised net income for the year is less than 60% of median equivalised net household income for the year. Absolute poverty 4 1 A child falls within this section in a financial year if the child lives in a household whose equivalised net income for the year is less than 60% of the amount of median equivalised net household income for the financial year beginning with 1 April 2010, adjusted to take account of changes in the value of money since that financial year. 2 The Scottish Ministers may by regulations substitute a different date for the date mentioned for the time being in subsection (1). 3 Regulations under subsection (2) are subject to the affirmative procedure. Combined low income and material deprivation 5 A child falls within this section in a financial year if the child— a lives in a household whose equivalised net income for the year is less than 70% of median equivalised net household income for the year, and b experiences material deprivation in the year. Persistent poverty 6 1 A child falls within this section in a financial year if the child has lived— a in each of the survey years, in a household in Scotland, and b in at least 3 of the survey years, in a household whose equivalised net income for the survey year was less than 60% of median equivalised net household income for the survey year. 2 The survey years are— a the calendar year that ends during the financial year, and b the 3 previous calendar years. Calculation of net household income 7 1 For the purposes of this Act, the deductions to be made in calculating net household income include housing costs. 2 In this Act— “ equivalised ”, in relation to household income, means adjusted to take account of variations in household size and composition, “ median equivalised net household income ” means the median equivalised net household income for the United Kingdom. Poverty and Inequality Commission Poverty and Inequality Commission 8 1 The Poverty and Inequality Commission (in this Act, referred to as “ the Commission ”) is established. 2 In addition to the functions conferred on it by this Act, the functions of the Commission are— a to advise the Scottish Ministers on any matter relating to poverty or inequality in Scotland, including the impact of their policies and use of resources in reducing such poverty and inequality, b to monitor progress in reducing poverty and inequality in Scotland, c to promote the reduction of poverty and inequality in Scotland. 2A The Commission may do such things as it considers appropriate for the performance of its functions, including in particular— a gathering evidence, b carrying out research, c preparing and publishing such reports as it considers appropriate. 2B The Commission must publish any advice it provides to the Scottish Ministers. 3 The schedule makes further provision about the Commission. Delivery plans and progress reports Delivery plan 9 1 The Scottish Ministers must prepare a plan (a “delivery plan”) for each of the following periods— a 1 April 2018 to 31 March 2022, b 1 April 2022 to 31 March 2026, c 1 April 2026 to 31 March 2031. 2 A delivery plan must set out— a the measures that the Scottish Ministers propose to take during the period of the plan for the purpose of meeting the child poverty targets, b an assessment of the contribution the proposed measures are expected to make to meeting the child poverty targets, c an explanation of how that assessment has been arrived at, and d an assessment of the financial resources required to fund the proposed measures. 3 A delivery plan must, in particular, set out what (if any) measures the Scottish Ministers propose to take in relation to— a the provision of financial support for children and parents, including the making of such provision by virtue of Part 3 of the Scotland Act 2016 (welfare benefits and employment support), b children living in households whose income is adversely affected, or whose expenditure is increased, because a member of the household has one or more protected characteristics, c supporting local authorities to consider the automatic payment of benefits and support, d the provision and accessibility of information, advice and assistance to parents in relation to— i social security matters, ii income maximisation, iii financial support, e education and, in particular, closing the attainment gap, f the availability and affordability of housing, g the availability and affordability of childcare, h the facilitation of— i the employment of parents (with remuneration that is sufficient to secure an adequate standard of living), and ii the development of the employment-related skills of parents, i physical and mental health, j children living in single-parent households, k arrangements for setting the amount of the revenue support grant payable to each local authority in order to ensure that resources are directed for the purpose of contributing to the meeting of the child poverty targets. 4 A delivery plan must, in particular, set out whether, during the period of the plan for the purpose of meeting the child poverty targets, the Scottish Ministers intend to bring forward legislation to exercise the power provided for in section 24 of the Scotland Act 2016 to top-up social security benefits in relation to providing a top-up for child benefit paid under section 141 of the Social Security Contributions and Benefits Act 1992. 5 A delivery plan may include such other information about child poverty as the Scottish Ministers consider appropriate. 6 In preparing a delivery plan, the Scottish Ministers must— a consult the Commission on the measures they propose to include in the delivery plan, b have regard to any recommendations made by the Commission, c set out in the delivery plan the changes, if any, they have made in the delivery plan as a result of any such recommendations. 7 As soon as reasonably practicable after preparing a delivery plan, and before the beginning of the period of the plan, the Scottish Ministers must— a lay the plan before the Scottish Parliament, b make a statement to the Parliament in relation to the plan, and c publish the plan. 8 In preparing a delivery plan, the Scottish Ministers must consult— a such local authorities or associations of local authorities as they consider appropriate, b such persons and organisations working with or representing children as they consider appropriate, c such persons and organisations working with or representing parents as they consider appropriate, d the Scottish Parliament, e such persons and organisations as they consider appropriate who work with or represent children or parents living in households whose income is adversely affected, or whose expenditure is increased, because a member of the household has one or more protected characteristics, and f such persons who have experience of living in poverty and such other persons as they consider appropriate. 9 Subsections (6)(a) and (8) are complied with even if the consultation has been undertaken, or initiated, before this section comes into force. Progress report 10 1 The Scottish Ministers must, before the end of the period of 3 months beginning with the last day of each reporting year, prepare a report (a “progress report”) on the progress made during the year— a towards meeting the child poverty targets, and b in implementing the relevant delivery plan. 2 A progress report must, in particular— a describe the measures taken by the Scottish Ministers in accordance with that delivery plan, b describe the effect of those measures on progress towards meeting the child poverty targets, c describe the effect of those measures on reducing the number of children living in single-parent households— i who fall within section 3 (relative poverty), ii who fall within section 4 (absolute poverty), iii who fall within section 5 (combined low income and material deprivation), iv who fall within section 6 (persistent poverty), d describe the effect of those measures on children living in households whose income is adversely affected, or whose expenditure is increased, because a member of the household has one or more protected characteristics. 3 If, in preparing a progress report, the Scottish Ministers consider that the measures taken in accordance with the relevant delivery plan have not delivered sufficient progress towards meeting the child poverty targets, the progress report must describe how the Scottish Ministers propose to ensure sufficient progress is delivered in the future. 4 In preparing a progress report, the Scottish Ministers must consult the Commission on— a the progress made during the reporting year towards meeting the child poverty targets, b whether it appears to the Commission that such progress is sufficient to meet the child poverty targets, c what further progress the Commission considers is required to meet the child poverty targets. 5 A progress report must include any comments or recommendations made by the Commission on the matters mentioned in paragraphs (a) to (c) of subsection (4). 6 In subsection (4), the reference to progress towards meeting the child poverty targets includes reference to progress towards reducing inequality for the purpose of meeting those targets. 7 As soon as reasonably practicable after preparing a progress report, the Scottish Ministers must— a lay the report before the Scottish Parliament, b make a statement to the Parliament in relation to the report, and c publish the report. 8 In this section— “ relevant delivery plan ”, in relation to a progress report, means the plan prepared under section 9(1) for a period that includes the reporting year for which the progress report is prepared, “ reporting year ” means a financial year falling within the period of a plan prepared under section 9(1). Report on interim targets 11 1 This section applies to the report prepared under section 10(1) for the financial year beginning with 1 April 2024. 2 The report must include a statement of the percentage of children living in households in Scotland in the financial year beginning with 1 April 2023— a who fell within section 3 (relative poverty), b who fell within section 4 (absolute poverty), c who fell within section 5 (combined low income and material deprivation), d who fell within section 6 (persistent poverty). 3 Whether the interim targets have been met in the financial year beginning with 1 April 2023 is to be determined by reference to the percentages given in the report. 4 If any of the interim targets has not been met, the report must explain why it has not been met. Final report 12 1 This section applies to the report prepared under section 10(1) for the financial year beginning with 1 April 2030. 2 The report must include a statement of the percentage of children living in households in Scotland that year— a who fell within section 3 (relative poverty), b who fell within section 4 (absolute poverty), c who fell within section 5 (combined low income and material deprivation), d who fell within section 6 (persistent poverty). 3 Whether the 2030 targets have been met in the financial year beginning with 1 April 2030 is to be determined by reference to the percentages given in the report. 4 If any of the 2030 targets has not been met, the report must explain why it has not been met. Local child poverty action reports Local child poverty action reports 13 1 A local authority and each relevant Health Board must, as soon as reasonably practicable after the end of each reporting year, jointly prepare and publish a report (a “local child poverty action report”). 2 A local child poverty action report must describe any measures taken in the area of the local authority during the reporting year by— a the local authority, b each relevant Health Board, for the purpose of contributing to the meeting of the child poverty targets. 3 A local child poverty action report must also describe any measures that— a the local authority, b each relevant Health Board, proposes to take for the purpose of contributing to the meeting of the child poverty targets. 4 Subsection (3) does not apply in relation to a local child poverty action report prepared for the reporting year beginning with 1 April 2030. 5 A local child poverty action report must, in particular, describe any income maximisation measures taken in the area of the local authority during the reporting year to provide pregnant women and families with children with— a information, advice and assistance about eligibility for financial support, and b assistance to apply for financial support. 6 A local child poverty action report must, in particular, describe any measures taken during the reporting year, or which are proposed to be taken, in the area of the local authority in relation to children living in households whose income is adversely affected, or whose expenditure is increased, because a member of the household has one or more protected characteristics. 7 In this section— “ relevant Health Board ”, in relation to a local authority, means a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 whose area— is the same as the area of the local authority, or includes all or part of the area of the local authority, “ reporting year ” means a financial year falling within the period of a plan prepared under section 9(1). General Interpretation 14 1 In this Act— “ 2030 targets ” has the meaning given by section 1(2), “ child ” means— a person under the age of 16, or a person who is a qualifying young person for the purposes of Part 9 of the Social Security Contributions and Benefits Act 1992, “ interim targets ” has the meaning given by section 2(2), “ parent ” includes an individual with whom a child resides and who has care of the child, “ protected characteristics ” means the characteristics listed in section 149(7) of the Equality Act 2010. 2 In sections 9, 10 and 13, a reference to “ child poverty targets ”, in relation to a plan or a report, is a reference to— a the interim targets and the 2030 targets, to the extent that the plan or report relates to a period ending on or before 31 March 2024, b the 2030 targets, to the extent that the plan or report relates to a period beginning on or after 1 April 2024. References to the Commission 15 1 In this Act, references to the Commission are to be construed in accordance with section 8(1). 2 But until that section comes into force, the references to the Commission in sections 9(6) and 10(4) and (5) are to be read as references to the body known as the Poverty and Inequality Commission established by the Scottish Ministers on 3 July 2017. Commencement 16 1 This section and sections 14 and 17 come into force on the day after Royal Assent. 2 Section 8 (and the schedule) come into force on 1 July 2019. 3 The other provisions of this Act come into force at the end of the period of 2 months beginning with the day of Royal Assent. Short title 17 The short title of this Act is the Child Poverty (Scotland) Act 2017. SCHEDULE THE POVERTY AND INEQUALITY COMMISSION (introduced by section 8) Membership 1 1 The Commission is to consist of— a a member to chair the Commission, and b at least 4 but no more than 8 other members. 2 The Scottish Ministers are to appoint the members. 3 The Scottish Ministers may appoint a person as a member only if the Scottish Parliament has approved the appointment. 4 In proposing persons to the Scottish Parliament for approval for appointment to the Commission, the Scottish Ministers must have regard to the desirability of — a securing that the Commission (taken as a whole) has experience in and knowledge of— i the formulation, implementation and evaluation of policy relating to poverty and inequality, ii research in connection with poverty and inequality, iii working with persons experiencing poverty or inequality (or both), and b the Commission’s membership including persons who have experienced poverty or inequality (or both). 5 The Scottish Ministers may by regulations amend sub-paragraph (1)(b) by substituting a different number for any number for the time being specified there. 6 Regulations under sub-paragraph (5) are subject to the negative procedure. Independence 2 1 In performing its functions, the Commission is not subject to the direction or control of any member of the Scottish Government. 2 This paragraph is subject to any contrary provision in this or any other enactment. Access to information 3 1 The Commission— a has a right of access at reasonable times to any relevant information that the Commission may reasonably require for the purpose of performing its functions, b may require any person who holds or is accountable for relevant information to provide at reasonable times any assistance or explanation that the Commission may reasonably require for the purpose of— i performing its functions, or ii exercising the right conferred by paragraph (a). 2 In sub-paragraph (1), “ relevant information ” means information in the possession or under the control of— a any member of the Scottish Government, b a local authority, c such other person, or person of such description, as the Scottish Ministers may by regulations specify. 3 Sub-paragraph (1) is subject to any other enactment or rule of law that prohibits or restricts the disclosure of any information or the giving of any assistance or explanation. 4 Regulations under sub-paragraph (2)(c) are subject to the affirmative procedure. Exclusion of Crown status 4 The Commission is not to be regarded— a as the servant or agent of the Crown, or b as enjoying any status, privilege or immunity of the Crown. Disqualification for appointment 5 1 The Scottish Ministers may not appoint a person as a member if the person— a is— i a member of the Scottish Parliament, ii a member of the House of Commons, iii a member of the National Assembly for Wales, iv a member of the Northern Ireland Assembly, v a member of the European Parliament, vi a councillor of any local authority, vii the holder of any other relevant elective office within the meaning of paragraph 1(8) of schedule 7 to the Political Parties, Elections and Referendums Act 2000, viii a member of the Scottish Government, ix a Minister of the Crown, x an office-holder of the Crown in right of Her Majesty's Government in the United Kingdom, xi an office-holder in the Scottish Administration, xii a civil servant, b is or has been insolvent, c is or has been disqualified as a company director under the Company Directors Disqualification Act 1986, d is or has been disqualified as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005, or e is or has been disqualified under any disqualification provision analogous to either of those mentioned in paragraphs (c) and (d), anywhere in the world. 2 For the purposes of sub-paragraph (1)(b), a person is or has been insolvent if— a the person's estate is or has been sequestrated, b the person has granted a trust deed for creditors or has made a composition or arrangement with creditors, c the person is or has been the subject of any other kind of arrangement analogous to either of those described in paragraphs (a) and (b), anywhere in the world. Period and terms of appointment 6 1 A member is appointed for such period not exceeding 5 years as the Scottish Ministers may determine. 2 A person may be reappointed as a member (with the approval of the Scottish Parliament) if— a the person— i is a member at the time of reappointment, or ii ceased to be a member not more than 3 months before the date of reappointment, and b the person has not previously been reappointed. 3 The Scottish Ministers may determine other terms of an appointment, so far as not provided for by this Act. Disqualification after appointment 7 1 A person's appointment as a member ceases if the person becomes disqualified as a member after appointment. 2 A person becomes disqualified as a member after appointment if, during the person's period of appointment as a member, any of paragraphs (a) to (e) of paragraph 5(1) applies to the person. Resignation 8 A member may resign by giving notice in writing to— a the Scottish Ministers, and b the Presiding Officer of the Scottish Parliament. Removal 9 1 The Scottish Ministers may remove a member, by giving the member notice in writing, if the Scottish Ministers consider that the member is— a unable to perform the member's functions, or b otherwise unfit to continue to be a member. 2 The Scottish Ministers may remove a member under sub-paragraph (1) only with the approval of the Scottish Parliament. Remuneration, expenses and resources 10 1 Members of the Commission, and any members of committees established by the Commission under paragraph 12 who are not members of the Commission, are entitled to such remuneration and expenses as the Scottish Ministers may determine. 2 The Scottish Ministers are to pay any such remuneration and expenses. 3 The Scottish Ministers are to provide the Commission with such staff and other resources as it requires to carry out its functions. Regulation of procedure 11 The Commission may regulate its own procedure (including quorum) and that of any committee established under paragraph 12. Committees 12 1 The Commission may establish committees. 2 The membership of a committee may include (but may not consist entirely of) persons who are not members of the Commission but those persons are not entitled to vote at meetings. Amendment of public bodies' legislation 13 1 In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies), after the entry relating to the Board of Trustees of the National Museums of Scotland insert— “ The Poverty and Inequality Commission ” . 2 In the Freedom of Information (Scotland) Act 2002, in Part 7 of schedule 1 (others), after paragraph 75AB insert— 75AC The Poverty and Inequality Commission . 3 In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (the specified authorities), under the heading “Other Public Bodies”, after the entry relating to the Parole Board for Scotland insert— “ Poverty and Inequality Commission ” . 4 In the Public Services Reform (Scotland) Act 2010, in schedule 5 (improvement of public functions: listed bodies), under the heading “Scottish public authorities with mixed functions or no reserved functions”, after the entry relating to the Police Investigations and Review Commissioner insert— “ Poverty and Inequality Commission ” . S. 8(2)-(2B) substituted for s. 8(2) (1.7.2019) by The Public Services Reform (Poverty and Inequality Commission) (Scotland) Order 2018 (S.S.I. 2018/316) , arts. 1 , 2(2) Words in sch. para. 1(1)(b) substituted (1.7.2019) by The Public Services Reform (Poverty and Inequality Commission) (Scotland) Order 2018 (S.S.I. 2018/316) , arts. 1 , 2(3)(a) Sch. para. 1(4)(a)(b) substituted for words in sch. para. 1(4) (1.7.2019) by The Public Services Reform (Poverty and Inequality Commission) (Scotland) Order 2018 (S.S.I. 2018/316) , arts. 1 , 2(3)(b)
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[uk-legislation-asp][asp] 2024-05-04 Contract (Third Party Rights) (Scotland) Act 2017
http://www.legislation.gov.uk/asp/2017/5/2018-02-26
http://www.legislation.gov.uk/asp/2017/5/2018-02-26 Contract (Third Party Rights) (Scotland) Act 2017 An Act of the Scottish Parliament to make provision about the enforcement of contractual terms by third parties. text text/xml en Statute Law Database 2018-04-15 Expert Participation 2018-02-26 Contract (Third Party Rights) (Scotland) Act 2017 2017 asp 5 An Act of the Scottish Parliament to make provision about the enforcement of contractual terms by third parties. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 21st September 2017 and received Royal Assent on 30th October 2017 Creation of a third-party right 1 1 A person who is not a party to a contract acquires a third-party right under it where— a the contract contains an undertaking that one or more of the contracting parties will do, or not do, something for the person's benefit, and b at the relevant time it was the intention of the contracting parties that the person should be legally entitled to enforce or otherwise invoke the undertaking. 2 The third-party right is the right to enforce or otherwise invoke the undertaking. 3 The person who is to acquire a third-party right under a contract must be identifiable from the contract by being either named or described in it. 4 A third-party right may be acquired by a person despite the fact that at the relevant time the person— a was not in existence, or b did not fall within the description of persons (if any) whom the contracting parties intended should benefit from, and be legally entitled to enforce or otherwise invoke, the undertaking. 5 In subsections (1)(b) and (4), “ the relevant time ” means— a the time when the contract was constituted, or b if the undertaking was added to the contract by a modification of its terms, the time when the modification was made. Creation: further provision 2 1 This section makes provision elaborating on section 1. 2 The undertaking referred to in section 1(1)(a) may be one which depends on something happening or not happening (whether or not it is certain that that thing will or will not happen). 3 The intention of the contracting parties referred to in section 1(1)(b) may be express or implied. 4 A person may acquire a third-party right to enforce or otherwise invoke an undertaking despite the fact that— a the undertaking may be cancelled or modified, b there has been no delivery, intimation or communication of the undertaking to the person. 5 The reference in section 1(1)(a) to an undertaking to do something includes an undertaking to indemnify a person. 6 The reference in section 1(1)(a) to an undertaking not to do something includes an undertaking— a not to hold a person liable in a matter, b not to enforce, or not to enforce in full, a person's liability in a matter. 7 This Act is without prejudice to any other enactment, or rule of law, that imposes requirements which must be fulfilled if an enforceable obligation is to be created. Contracting parties' freedom to alter third party's entitlement 3 1 An undertaking contained in a contract which has given rise to a third-party right may be cancelled or modified by the contracting parties. 2 Nothing in this Act precludes a contract from providing that an undertaking, which is contained in the contract and in relation to which a third-party right has arisen, will not be cancelled or modified by the contracting parties. 3 Subsection (1) is subject to sections 4 to 6. Protection of third party's entitlement from retroactive change 4 1 No account is to be taken of the cancellation or modification of an undertaking contained in a contract where and in so far as the undertaking is being enforced or otherwise invoked— a by virtue of a person's third-party right to do so, and b in consequence of something happening or not happening prior to the undertaking being cancelled or (as the case may be) the modification being made. 2 Subsection (1) does not apply in relation to a cancellation or modification if the contract provided that it may be made with retroactive effect. Protection of third party's entitlement after notice given 5 1 Subsection (2) applies (subject to subsections (3) and (4)) where— a a person who has a third-party right arising from an undertaking contained in a contract is given notice of the undertaking by a contracting party, and b the undertaking is subsequently cancelled or modified. 2 No account is to be taken of the cancellation or (as the case may be) modification of the undertaking when it is being enforced or otherwise invoked by virtue of the third-party right. 3 Subsection (2) does not apply if— a the undertaking is one which depends on something happening or not happening, and b it remained uncertain whether that thing would happen or not at the time when the notice mentioned in subsection (1)(a) was given. 4 Subsection (2) does not apply in relation to the cancellation or modification of the undertaking if— a at the time when the notice mentioned in subsection (1)(a) was given, the person given the notice was told by the contracting party that the undertaking may be cancelled or (as the case may be) that the modification may be made, or b the person who has the third-party right has given assent to the cancellation or (as the case may be) modification of the undertaking. Protection of third party's entitlement after undertaking relied on 6 1 Subsection (2) applies (subject to subsections (3) and (4)) where— a a person has a third-party right to enforce or otherwise invoke an undertaking contained in a contract, b the person has done something, or refrained from doing something, in reliance on the undertaking, c doing or (as the case may be) refraining from doing the thing has affected the person's position to a material extent, d either— i the contracting parties acquiesced in the person doing or (as the case may be) refraining from doing the thing, or ii the person's doing or (as the case may be) refraining from doing the thing in reliance on the undertaking could reasonably have been foreseen by the contracting parties, and e subsequent to the person doing or (as the case may be) refraining from doing the thing mentioned in paragraph (b), the undertaking has been cancelled or modified. 2 Where the person is enforcing or otherwise invoking the undertaking by virtue of having the third-party right, no account is to be taken of the cancellation or modification of the undertaking if the person's position would be adversely affected to a material extent were the undertaking treated as having been cancelled or (as the case may be) modified. 3 Subsection (2) does not apply in relation to the cancellation or modification of the undertaking if— a the contract provides— i that the contracting parties are entitled to cancel or (as the case may be) modify the undertaking, and ii that their entitlement to do so will not be affected by the person doing, or refraining from doing, something in reliance on the undertaking, and b the person knew or ought to have known about that provision of the contract before the person did, or refrained from doing, the thing mentioned in subsection (1)(b). 4 Subsection (2) does not apply in relation to the cancellation or modification of the undertaking if the person has given assent to it. 5 In legal proceedings, a person seeking to enforce or otherwise invoke an undertaking by virtue of having a third-party right to do so may not plead that a contracting party— a is personally barred from cancelling or modifying the undertaking, or b has waived any right to cancel or modify the undertaking. Remedies available to third party 7 1 This section applies where a person has a third-party right to enforce or otherwise invoke an undertaking contained in a contract. 2 The person has available, as a remedy for breach of the undertaking, any remedy for breach which a contracting party would be entitled to were the undertaking one in favour of the contracting party. 3 Subsection (2) is subject to any contrary provision made in the contract. Defences available against third party 8 1 This section applies where a person has a third-party right to enforce or otherwise invoke an undertaking contained in a contract. 2 A contracting party has available, as a defence against a claim by the person that the undertaking has been breached, any defence which is both— a a defence that a contracting party would have against any other contracting party, and b relevant to the undertaking. 3 Subsection (2) is subject to any contrary provision made in the contract. Arbitration 9 1 In relation to a dispute to which subsection (2) or (3) applies, the person who has the third-party right mentioned in subsection (2) or (as the case may be) (3) is to be regarded as a party to the arbitration agreement mentioned in that subsection. 2 This subsection applies to a dispute if— a the dispute concerns an undertaking being enforced or otherwise invoked by virtue of a person's third-party right to do so, and b an arbitration agreement provides for a dispute on the matter under dispute to be resolved by arbitration. 3 This subsection applies to a dispute if— a subsection (2) does not apply to the dispute, b an arbitration agreement provides for a dispute on the matter under dispute to be resolved by arbitration, c a person has a third-party right to enforce or otherwise invoke an undertaking to resolve a dispute on the matter by arbitration under the agreement, and d the person who has the third-party right has— i submitted the dispute to arbitration, or ii sought a sist of legal proceedings concerning the matter under dispute on the basis that an arbitration agreement provides for a dispute on the matter to be resolved by arbitration. 4 For the purpose of subsection (3)(d)(i), the person who has the third-party right is to be regarded as having submitted the dispute to arbitration if the person has done whatever a party to the agreement would need to do in order to submit the dispute to arbitration. 5 A person is not to be regarded as having renounced a third-party right to enforce or otherwise invoke an undertaking to resolve a dispute by arbitration by bringing legal proceedings in relation to the dispute. 6 In this section— “ arbitration agreement ” has the meaning given by section 4 of the Arbitration (Scotland) Act 2010, and “ dispute ” is to be construed in accordance with section 2(1) of that Act. Prescription 10 1 An undertaking contained in a contract which is capable of being enforced or otherwise invoked by virtue of a third-party right is an obligation arising from the contract for the purposes of the Prescription and Limitation (Scotland) Act 1973. 2 In subsection (1), “ third-party right ” means a right which has arisen by virtue of either— a section 1, or b the rule of law mentioned in section 11. Abolition of common-law rule: jus quaesitum tertio 11 1 The rule of law by which a person who is not a party to a contract may acquire a right to enforce or otherwise invoke the contract's terms does not apply in relation to contracts constituted on or after the day this section comes into force. 2 If a contract constituted before this section comes into force is modified so that an undertaking it contains gives rise to a third-party right under section 1, a person who may enforce or otherwise invoke the undertaking by virtue of that right may not do so by virtue of any right acquired by operation of the rule of law mentioned in subsection (1). 3 A right rendered unenforceable by subsection (2) remains incapable of being enforced or invoked notwithstanding— a its transfer to another person, or b the third-party right under section 1 referred to in that subsection being relinquished (whether by transfer, waiver or otherwise). Application 12 Nothing in sections 1 to 9 applies in relation to an undertaking constituted before the day on which section 1 comes into force, unless the contract containing the undertaking provides otherwise. Commencement 13 1 This section and sections 12 and 14 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. Short title 14 The short title of this Act is the Contract (Third Party Rights) (Scotland) Act 2017. S. 10 in force at 26.2.2018 by S.S.I. 2018/8 , reg. 2 S. 1 in force at 26.2.2018 by S.S.I. 2018/8 , reg. 2 S. 2 in force at 26.2.2018 by S.S.I. 2018/8 , reg. 2 S. 3 in force at 26.2.2018 by S.S.I. 2018/8 , reg. 2 S. 4 in force at 26.2.2018 by S.S.I. 2018/8 , reg. 2 S. 5 in force at 26.2.2018 by S.S.I. 2018/8 , reg. 2 S. 6 in force at 26.2.2018 by S.S.I. 2018/8 , reg. 2 S. 7 in force at 26.2.2018 by S.S.I. 2018/8 , reg. 2 S. 8 in force at 26.2.2018 by S.S.I. 2018/8 , reg. 2 S. 9 in force at 26.2.2018 by S.S.I. 2018/8 , reg. 2 S. 11 in force at 26.2.2018 by S.S.I. 2018/8 , reg. 2
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[uk-legislation-asp][asp] 2024-05-04 Railway Policing (Scotland) Act 2017
http://www.legislation.gov.uk/asp/2017/4/2017-08-02
http://www.legislation.gov.uk/asp/2017/4/2017-08-02 Railway Policing (Scotland) Act 2017 An Act of the Scottish Parliament to make provision about the arrangements for the Police Service of Scotland to police railways and railway property; and for connected purposes. text text/xml en Statute Law Database 2017-10-18 2017-08-02 Railway Policing (Scotland) Act 2017 2017 asp 4 An Act of the Scottish Parliament to make provision about the arrangements for the Police Service of Scotland to police railways and railway property; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 27th June 2017 and received Royal Assent on 1st August 2017 Arrangements for railway policing Provision for policing of railways and railway property 1 1 After section 85 of the Police and Fire Reform (Scotland) Act 2012 insert— CHAPTER 12A POLICING OF RAILWAYS AND RAILWAY PROPERTY Railway policing agreements Railway policing agreements 85A 1 The Authority may enter into a railway policing agreement (referred to in this Chapter as an “RPA”) with a railway operator. 2 An RPA is an agreement relating to the policing of a railway or railway property which, in particular, includes provision requiring— a the Police Service to police the railway or railway property in accordance with any agreement reached (or determination made) under section 85K, and b the railway operator to pay to the Authority such sums as the Authority may charge in respect of the policing which is to be (or has been) provided. 3 The Authority must involve the chief constable in the negotiation of an RPA and the chief constable must provide the Authority with such assistance as it may reasonably require in that regard. 4 Before entering into or varying an RPA under this section, the Authority must obtain the approval of the Scottish Ministers. Acceptable charging under an RPA 85B 1 The charges that the Authority may make under an RPA may— a include amounts calculated by reference to expenditure which is incurred, or expected to be incurred, otherwise than directly in connection with the provision of the policing concerned, and b take account of overpayments or underpayments in respect of previous financial years. 2 Nothing in section 85A or this section permits the making of any charge for policing which exceeds the cost of providing that policing. Power to require railway operators to enter into an RPA 85C 1 The Scottish Ministers may by regulations require— a a railway operator, or b railway operators of such description as may be specified in the regulations, to enter into an RPA within such period (if any) as may be specified in the regulations. 2 The Authority must take reasonable steps to enable a railway operator to comply with a requirement imposed by virtue of subsection (1). 3 Before making regulations under subsection (1), the Scottish Ministers must consult the railway operator or operators who are to be subject to the regulations. Disputes Referral of disputes to the Scottish Ministers 85D 1 The Authority or a railway operator may refer a dispute falling within subsection (2) to the Scottish Ministers. 2 The disputes which fall within this subsection are— a a dispute where— i the parties cannot agree the terms to be included in an RPA, and ii the failure to agree is likely to cause (or has caused) a breach of a requirement imposed by regulations under section 85C, b a dispute about— i whether an RPA should be varied, or ii the terms of such a variation, c a dispute about the construction or operation of an RPA. Preliminary powers of Scottish Ministers to resolve disputes 85E 1 This section applies where a dispute has been referred to the Scottish Ministers under section 85D(1). 2 Before appointing a person under section 85F(2)(b) or (as the case may be) section 85G(2) to determine the dispute, the Scottish Ministers may— a require a party to the dispute to take such steps as the Scottish Ministers specify to resolve the dispute, b make a determination that a party must make a payment in respect of any costs incurred by the Scottish Ministers, the other party or another person in connection with the taking of such steps. Disputes about terms to be included in an RPA 85F 1 This section applies to a dispute falling within section 85D(2)(a) which has been referred to the Scottish Ministers under section 85D(1) (and has not been resolved). 2 The Scottish Ministers may— a determine the dispute themselves, or b appoint a suitable person to determine the dispute (“ the appointed person ”). 3 The Scottish Ministers or, as the case may be, the appointed person— a must, before determining the dispute, give each party to the dispute an opportunity to make representations, but b may otherwise decide the procedure for determining the dispute. 4 In a determination under this section, the Scottish Ministers or, as the case may be, the appointed person— a must specify the terms to be included in the RPA, b may make an award of expenses against a party. 5 Where a determination under this section specifies the terms to be included in an RPA, those terms are to be treated as if they had been agreed as part of an RPA entered into between the parties under section 85A. Disputes about variation, interpretation or operation of an RPA 85G 1 This section applies to a dispute falling within section 85D(2)(b) or (c) which has been referred to the Scottish Ministers under section 85D(1) (and has not been resolved). 2 The Scottish Ministers must appoint a suitable person to determine the dispute (“ the appointed person ”). 3 The appointed person— a must, before determining the dispute, give each party to the dispute an opportunity to make representations, but b may otherwise decide the procedure for determining the dispute. 4 In a determination under this section, the appointed person may— a vary the terms of the RPA which forms the basis of the dispute, b decide how any term of the RPA is to be construed or operated, c decide that, in accordance with an RPA, a party must pay a specified sum or a sum assessed in a specified manner to the other party, d make an award of expenses against a party. 5 Where a determination under this section varies the terms of an RPA, those terms are to be treated as if they had been agreed as part of an RPA entered into between the parties under section 85A. Appeals 85H A party to a dispute referred to the Scottish Ministers under section 85D(1) may appeal to the Court of Session against any determination made under section 85E(2)(b), 85F or 85G. Enforcement of determination 85I A determination made under section 85E(2)(b), 85F or 85G may, with the permission of the Court of Session, be enforced as it if were a judgment of that court (and may, in particular, be enforced by the use of powers in relation to contempt of court). Engagement with railway operators Railway policing management forum 85J 1 The Authority must establish and maintain a forum for it and the chief constable to engage on a regular basis with relevant railway operators and relevant trade unions about the policing of railways and railway property in Scotland. 2 For the purposes of this section and section 85K, a “relevant railway operator” is a railway operator which is a party to an RPA, or is subject to a requirement to enter into an RPA under regulations made under section 85C. Agreement of railway policing priorities, objectives etc. 85K 1 The Authority must, for each yearly period beginning on 1 April, take steps to agree with relevant railway operators and the chief constable— a the priorities and objectives for the policing of the railways and railway property in Scotland, b the proposed arrangements for policing the railways and railway property in order to meet those priorities and objectives (and the means by which performance may be assessed), and c the expected overall costs involved in providing such arrangements. 2 In the absence of an agreement being reached under subsection (1), the Authority, in consultation with the chief constable, is to determine the matters described in paragraphs (a) to (c) of that subsection. 3 Section 36 applies to any agreement reached (or determination made) under this section as it applies to an annual police plan. Engagement with railway users etc. Engagement with railway users and other interested persons 85L 1 The Authority must make arrangements to obtain the views of the persons and bodies listed in subsection (2) about the policing of railways and railway property in Scotland. 2 The persons and bodies are— a passengers on the railways, b employees of railway operators, c constables (of all ranks), d police staff, e relevant trade unions, f the Police Federation for Scotland, g such persons or bodies as appear to the Authority to be representative of senior officers, h such persons or bodies as appear to the Authority to be representative of superintendents (including chief superintendents), and i such other persons and bodies as the Authority considers may have an interest in the policing of railways and railway property in Scotland. Interpretation Meaning of words and expressions used in this Chapter 85M 1 In this Chapter— “ expenses ” means— the legal or other expenses incurred by the Scottish Ministers or the person appointed to determine the dispute under section 85F(2) or 85G(2) (including the expenses of making the appointment), and the legal or other expenses incurred by a party to the dispute, “ railway ” is to be construed in accordance with section 67(1) of the Transport and Works Act 1992, “ railway property ” means— a track, a network, a station, a light maintenance depot, a train used on a network or any other railway vehicle on a network, “railway policing agreement” (and “RPA”) has the meaning given by section 85A. “ relevant trade unions ” means those trade unions which appear to the Authority to be representative of— employees of railway operators, and police staff. 2 For the purposes of this Chapter, a reference to a railway operator is a reference to a person who has the management or control, or participation in the management or control, of all or any part or aspect of a railway or railway property. 3 For the purposes of this Chapter, the expressions used in the definition of “railway property” in subsection (1) are to be construed in accordance with sections 82 and 83 of the Railways Act 1993 (interpretation). . 2 In section 125 of the Police and Fire Reform (Scotland) Act 2012 (subordinate legislation)— a in subsection (2), for the words from “An” to “is” substitute “ Orders or, as the case made be, regulations made under section 10(2), 11(5) or 85C(1) are ” , b in subsection (4), for “, and any regulations or” substitute “ or regulations, and any ” . Chief constable's functions in relation to policing of railways and railway property 2 In section 17 of the Police and Fire Reform (Scotland) Act 2012 (chief constable's responsibility for the policing of Scotland)— a in subsection (2)— i the “and” after paragraph (f) is repealed, ii after paragraph (g) insert— h is to provide the Authority with such assistance as it may reasonably require in the negotiation of railway policing agreements (see section 85A(3)) and participate in the forum established under section 85J. , b in subsection (4)(b)— i the “and” after sub-paragraph (ii) is repealed, ii after sub-paragraph (iii), insert— iv a railway policing agreement entered into by the Authority under section 85A(1). . Power of entry in respect of railway property Power of entry in respect of railway property 3 After section 20 of the Police and Fire Reform (Scotland) Act 2012 insert— Constables: power to enter railway property 20A 1 A constable may enter any railway property which is used for or in connection with the provision of railway services— a without a warrant, and b if necessary, using reasonable force. 2 For the purpose of this section, railway property is anything which is, or forms part of— a a track, b a network, c a station, d a light maintenance depot, or e a railway vehicle (located on or in anything in paragraphs (a) to (d)). 3 Nothing in this section confers on a constable the power to enter a dwelling. 4 For the purpose of this section, “railway services” and the expressions in paragraphs (a) to (e) of subsection (2) are to be construed in accordance with sections 82 and 83 of the Railways Act 1993 (interpretation). . Functions which are no longer to be exercisable in Scotland British Transport Police Authority functions 4 The functions of the British Transport Police Authority which are conferred by Part 3 of the Railways and Transport Safety Act 2003 are no longer exercisable in or as regards Scotland. British Transport Police Force functions 5 The functions of constables of the British Transport Police Force (including those of the Chief Constable, deputy Chief Constable and assistant Chief Constables) which are conferred by Part 3 of the Railways and Transport Safety Act 2003 are no longer exercisable in or as regards Scotland. Transitional provision Limitation on redeployment of constables 6 1 Subsection (2) applies to a constable of the Police Service of Scotland who— a immediately before the transfer date, is a constable of the British Transport Police Force (including any such constable who is, at that time, engaged in service outwith that force), and b is transferred to the Police Service of Scotland on the transfer date by or under an enactment. 2 A constable to whom this subsection applies— a is to be assigned duties that relate to the policing of a railway or railway property, and b must not be assigned duties that do not so relate unless it is necessary to meet a special demand on resources for policing. 3 If a constable to whom subsection (2) applies is, on the transfer date, engaged in service outwith the Police Service of Scotland, the limitation in subsection (2) is suspended until such time as the service outwith the Police Service of Scotland ends. 4 Subsection (2) ceases to apply to a constable if, on or after the transfer date, the constable gives the chief constable written consent to the lifting of the limitation imposed by that subsection. 5 In this section— “ chief constable ” means the chief constable of the Police Service of Scotland, “ policing ” has the meaning given by section 99 of the Police and Fire Reform (Scotland) Act 2012, “railway” and “railway property” have the meanings given by section 85M of that Act, “ transfer date ” means the date on which the enactment which transfers the constable to the Police Service of Scotland provides for the transfer to occur. General Ancillary provision 7 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under this section may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under this section which contain provision adding to, replacing or omitting any part of the text of an Act are subject to the affirmative procedure. 4 Otherwise, regulations under this section are subject to the negative procedure. Commencement 8 1 This section, section 7 and section 9 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 9 The short title of this Act is the Railway Policing (Scotland) Act 2017.
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[uk-legislation-asp][asp] 2024-05-04 Air Departure Tax (Scotland) Act 2017
http://www.legislation.gov.uk/asp/2017/2/2017-07-26
http://www.legislation.gov.uk/asp/2017/2/2017-07-26 Air Departure Tax (Scotland) Act 2017 An Act of the Scottish Parliament to make provision for a tax on the carriage of passengers by air from airports in Scotland. text text/xml en Statute Law Database 2017-10-10 2017-07-26 Air Departure Tax (Scotland) Act 2017 2017 asp 2 An Act of the Scottish Parliament to make provision for a tax on the carriage of passengers by air from airports in Scotland. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th June 2017 and received Royal Assent on 25th July 2017 PART 1 AIR DEPARTURE TAX Air departure tax 1 1 A tax (to be known as air departure tax)— a is to be charged for the carriage of passengers on any flight that begins at an airport in Scotland (see section 18), b is to apply only in relation to the carriage of chargeable passengers (see section 2) on chargeable aircraft (see section 8), and c is to be payable by the aircraft operator (see section 19). 2 Revenue Scotland is responsible for the collection and management of the tax. PART 2 KEY CONCEPTS Chargeable passengers and exemptions Meaning of chargeable passenger 2 1 Every person carried on a flight that begins at an airport in Scotland is a chargeable passenger unless— a the person is working during the flight, or b the person is a non-chargeable passenger in relation to the flight under any of sections 3 to 7 or regulations made under section 15. 2 A person is to be regarded as working during a flight only if the person is carried on the flight for the sole purpose of doing any of the following during the flight— a acting as a member of the flight crew or as a cabin attendant, b ensuring the hygienic preparation and handling of food and drink, c carrying out work relating to the safety or security of the aircraft or of passengers or goods carried on the aircraft (which includes escorting a passenger or goods), d carrying out repairs or maintenance on the aircraft. Passengers not carried for reward 3 1 A passenger is a non-chargeable passenger in relation to a flight if— a the passenger is carried on the flight in one of the circumstances set out in subsection (2), and b the passenger is not carried for reward. 2 The circumstances are— a the aircraft operator is required by an enactment to carry the passenger (for example, where immigration legislation requires the operator to repatriate a person who is refused entry to the United Kingdom), b the aircraft operator carries the passenger to facilitate an inspection, by the passenger, of the aircraft or its flight crew (for example, where the person is a Civil Aviation Authority flight operations inspector), c the flight lands within the period of 72 hours before the passenger starts working in relation to any aircraft, and the passenger is carried on the flight for the sole purpose of positioning the passenger to undertake the work, d the flight departs within the period of 72 hours after the passenger finishes working in relation to any aircraft, and the passenger is carried on the flight for the sole purpose of repositioning the passenger to where the passenger ordinarily operates or is ordinarily stationed. 3 A person is to be regarded as working in relation to an aircraft only if— a the passenger is working during a flight of the aircraft (as defined in section 2(2)), or b the passenger is doing anything specified in section 2(2)(b) to (d) in relation to the aircraft before or after a flight of the aircraft. 4 In this section, “ reward ”, in relation to the carriage of a passenger, includes any form of consideration received or to be received wholly or partly in connection with the carriage, irrespective of the person by whom or to whom the consideration has been or is to be given. Passengers under the age of 16 4 A passenger is a non-chargeable passenger in relation to a flight if— a the passenger is a child who— i has not reached the age of 2 before the departure date of the flight, and ii is not allocated a separate seat before first boarding the aircraft, or b the passenger is a child who— i has not reached the age of 16 before the departure date of the flight, ii is issued with a ticket for the flight and for every other flight (if any) that is covered by the same agreement for carriage, and iii will, according to the agreement for carriage, have standard class travel on every flight covered by the agreement for carriage. Passengers carried on connected flights 5 If a passenger is carried on two or more connected flights, the passenger is a non-chargeable passenger in relation to the second connected flight and each subsequent connected flight. NATO passengers 6 1 A passenger is a non-chargeable passenger in relation to a flight if— a the passenger is a NATO passenger who is carried on the flight in that capacity, b one of the following applies— i the aircraft operator is a NATO visiting force or NATO IMHQ, ii the passenger is carried on a charter flight, where the aircraft and its crew have been chartered by a NATO visiting force or NATO IMHQ, or iii the passenger is carried on any other flight under an agreement for carriage, and c if paragraph (b)(ii) or (iii) applies, the charter agreement or agreement for carriage is accompanied by a declaration that complies with subsection (2). 2 The declaration must— a identify the flight that will carry passengers for whom the exemption under this section is claimed, b in the case of the situation referred to in subsection (1)(b)(iii), identify each passenger for whom the exemption is claimed, c certify that the passengers for whom the exemption is claimed are NATO passengers, d certify that the carriage of the NATO passengers on the flight is for official purposes, and e be signed by an authorised officer of the NATO visiting force or NATO IMHQ. 3 In this section— “ authorised officer ”, in relation to a NATO visiting force or NATO IMHQ, means a person whose status as an authorised contracting officer has been notified by the NATO visiting force or NATO IMHQ to Revenue Scotland and, in the situation referred to in subsection (1)(b)(iii), to the aircraft operator, “ NATO IMHQ ” means a headquarters or organisation designated for the purposes of any provision of the International Headquarters and Defence Organisations Act 1964, “ NATO passenger ” means a passenger on a flight— who is— for the purposes of any provision of the Visiting Forces Act 1952, a serving member of a NATO visiting force, a person recognised by the Secretary of State as a member of a civilian component of a NATO visiting force, or a military or civilian member of a NATO IMHQ, and who is not— a British citizen, a British overseas citizen, a British national (overseas), or a British overseas territories citizen (with those terms having the same meanings as in the British Nationality Act 1981), a person who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 – see section 33(2A) of that Act), “ NATO visiting force ” means a visiting force of a country, other than the United Kingdom, which is a party to the North Atlantic Treaty, “ North Atlantic Treaty ” means the North Atlantic Treaty signed at Washington on 4 April 1949. Changes of circumstance beyond passengers' control 7 1 A passenger is a non-chargeable passenger in relation to a flight if, but for a change of circumstances beyond the passenger's control, the passenger would be a non-chargeable passenger in relation to the flight under any of sections 3 to 6 or regulations made under section 15. 2 Subsection (1) applies only if— a the passenger has a ticket for the flight, and b the change of circumstances arises after the ticket is issued or last amended. 3 A passenger is a non-chargeable passenger in relation to a flight (“flight F”) if— a the passenger is carried on flight F— i because of a change of circumstances beyond the passenger's control, but ii in the course of travel that is covered by an agreement for carriage, b the passenger has a ticket for every flight that is covered by the same agreement for carriage, and c the departure airport, date and time, and the arrival airport, for flight F are not shown on the ticket when the ticket is issued or last amended. 4 A change of circumstances is to be regarded as beyond a passenger's control if it is not attributable to an act or omission of the passenger. Chargeable aircraft and exemptions Meaning of chargeable aircraft 8 1 An aircraft is a chargeable aircraft in relation to a flight if it has the characteristics specified in subsection (2), unless the aircraft is a non-chargeable aircraft under section 9 or 10 or regulations made under section 15. 2 The characteristics are that the aircraft— a is a fixed-wing aircraft designed or adapted to carry persons in addition to the flight crew, b has a maximum take-off weight of 5.7 tonnes or more, and c is fuelled by kerosene. Aircraft used under public service obligation 9 1 An aircraft is a non-chargeable aircraft in relation to a flight if the flight is operated under a public service obligation. 2 In this section, “ public service obligation ” means an obligation imposed by a Member State of the European Union in accordance with Article 16 of Regulation ( EC ) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 (common rules for the operation of air services). Aircraft used for military, emergency, training or research flights 10 1 An aircraft is a non-chargeable aircraft in relation to a flight if the flight is one described— a under the heading “Aviation” in the Annex to the Directive identified in subsection (3), and b in a paragraph under that heading that is specified in subsection (2). 2 The relevant paragraphs (which list aviation activities excluded from the greenhouse gas emission allowance trading scheme of the European Union) are— a paragraph (b) (which covers military flights performed by military aircraft and customs and police flights), b paragraph (c) (which covers flights related to search and rescue, fire-fighting flights, humanitarian flights and emergency medical service flights), c paragraph (f) (which covers training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers or cargo, or both, or for the positioning or ferrying of the aircraft), d paragraph (g) (which covers flights performed exclusively for the purpose of scientific research or for the purpose of checking, testing or certifying aircraft or equipment whether airborne or ground-based). 3 The Directive referred to in subsection (1) is Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 as interpreted in accordance with paragraphs 2.2 to 2.5 of the Annex to Commission Decision 2009/450/EC of 8 June 2009. Other key concepts Meaning of flight 11 1 In this Act, “ flight ”, in relation to a person, means the person's carriage on an aircraft. 2 For the purpose of this Act, a person's flight is to be regarded as— a beginning when the person first boards the aircraft, and b ending when the person finally disembarks from the aircraft. Meaning of carriage and agreement for carriage 12 1 In this Act— “ agreement for carriage ”, in relation to a person, means any agreement or arrangement under which the person is carried, irrespective of— whether the carriage is by a single carrier or successive carriers, whether the agreement or arrangement was made by or on behalf of the person, whether the person is carried for reward (as defined in section 3(4)), whether the agreement or arrangement is in writing, and whether a ticket is issued for any flights covered by the agreement or arrangement, “ carriage ” means carriage wholly or partly by air, and “carried” has a corresponding meaning. 2 For the purpose of section 4(b)(ii) (chargeable passenger exemption for children under 16), section 7(3)(b) (changes of circumstance beyond passengers' control) and schedule 1 (connected flight rules), two or more flights are to be regarded as being covered by the same agreement for carriage only if— a a ticket is issued for all the flights (whether a single ticket for all the flights or separate tickets), and b the departure time, departure airport and arrival airport for each flight are specified— i if a single ticket is issued, on the ticket, or ii if separate tickets are issued, on a written summary that forms part of the agreement for carriage. Meaning of maximum passenger capacity and maximum take-off weight 13 1 In this Act— “ maximum passenger capacity ”, in relation to an aircraft, means the allowable maximum number of persons who may be seated on the aircraft, excluding members of the flight crew and cabin attendants, “ maximum take-off weight ”, in relation to an aircraft, means the allowable maximum weight of the aircraft and its contents when taking off (assuming the most favourable circumstances for take-off). 2 The allowable maximums referred to in subsection (1) must ordinarily be determined by reference to the certificate of airworthiness that is in force for the aircraft. 3 However, if an allowable maximum referred to in subsection (1) is stated in a notice published by Revenue Scotland in relation to a class or description of aircraft, or in a notice issued by Revenue Scotland to an aircraft operator in relation to a particular aircraft, the allowable maximum is as stated in the notice. Meaning of standard class travel 14 1 For the purposes of this Act, carriage on a flight is to be regarded as standard class travel if— a the seats for passengers whose agreement for carriage provides for that class of travel have a pitch no greater than 1.016 metres, and b the class of travel is the only, or the most basic, class of travel available on the flight. 2 The pitch of a seat (“seat A”)— a is the distance between a fixed point on seat A and the same point on— i the seat immediately in front of seat A, or ii if there is no seat immediately in front of seat A, the seat immediately behind seat A, and b if there is no seat immediately in front of or behind seat A, is to be determined with regard to any guidance issued by Revenue Scotland for that purpose. 3 Whether a class of travel is the only, or the most basic, class of travel available on a flight is to be determined with regard to any guidance issued by Revenue Scotland for that purpose. Modification of key concepts Key concepts may be modified by regulations 15 1 The Scottish Ministers may by regulations make other provision concerning— a who is a chargeable passenger, b who is a non-chargeable passenger, c which aircraft are chargeable aircraft, d which aircraft are non-chargeable aircraft. 2 Regulations under this section— a may add, change or remove— i any exemption from being a chargeable passenger or chargeable aircraft, and ii any provision that defines or otherwise explains a term or expression, and b may modify this Act. PART 3 TAX RATES Tax structure 16 1 The carriage of a chargeable passenger on a chargeable aircraft incurs tax at a rate that is determined by the passenger's final destination and class of travel. 2 The passenger's final destination determines which tax band applies (see section 17). 3 The passenger's class of travel determines which rate of tax applies within the applicable band, as follows— a the special rate applies if the aircraft is a special category aircraft, b if the aircraft is not a special category aircraft— i the standard rate applies if the passenger's agreement for carriage provides for standard class travel on every flight covered by the agreement, ii the premium rate applies in any other case. 4 The amount of each tax rate is the amount set for that rate by the Scottish Ministers by regulations under section 17. 5 The final destination of a chargeable passenger carried on a flight— a is the place— i where the flight ends, or ii if the flight and one or more subsequent flights are connected flights, where the last connected flight ends, and b is to be determined by reference to the passenger's ticket (if any) as it stands immediately before the flight takes off. 6 An aircraft is to be regarded as a special category aircraft if it has— a a maximum take-off weight of 20 tonnes or more, and b a maximum passenger capacity of no more than 18 passengers. Tax bands and tax rate amounts to be set by regulations 17 1 The Scottish Ministers must by regulations— a define one or more tax bands by reference to the final destination (as defined in section 16(5)) of a chargeable passenger carried on a chargeable aircraft, and b for each band defined in accordance with paragraph (a), set the amount, or the method for calculating the amount, of each tax rate described in section 16(3). 2 In preparing a draft of any regulations under subsection (1), the Scottish Ministers must have regard to the projected economic, environmental and social impacts of the proposed tax bands and tax rate amounts. 3 The Scottish Ministers must keep under review the economic, environmental and social impacts of the tax bands defined and tax rate amounts set by regulations under subsection (1). 4 The Scottish Ministers may by regulations make other provision concerning the structure of the tax. 5 Regulations under this section— a may add, change or remove the description of any tax band, tax rate or any provision that defines or otherwise explains a term or expression, and b may modify this Act. PART 4 PAYMENT, COLLECTION AND MANAGEMENT OF TAX Liability for tax Taxable activity 18 1 The carriage of a chargeable passenger on a chargeable aircraft, on any flight that begins at an airport in Scotland, is a taxable activity. 2 The tax is incurred when the aircraft first takes off on the passenger's flight. Taxable persons 19 1 Every aircraft operator that carries out a taxable activity is a taxable person. 2 The taxable person is the taxpayer (for the purposes of the Revenue Scotland and Tax Powers Act 2014), irrespective of whether that person recovers from chargeable passengers all or any part of the cost of the tax. Registration Revenue Scotland to keep ADT register 20 1 Revenue Scotland must keep a register (to be known as the ADT register) for the purpose of collecting and managing the tax. 2 The register is to be kept in the form that Revenue Scotland thinks fit. 3 Revenue Scotland must promptly make any changes to the register that appear to Revenue Scotland to be required for the purpose of keeping the register up to date. 4 Revenue Scotland may publish, in the manner it thinks fit, any information derived from the register. Duty to register for tax 21 1 This section applies to an aircraft operator if the operator— a is not registered for the tax, and b either— i becomes liable to make quarterly returns under section 24, or ii forms an intention to do something, or to stop doing something, that will result in the operator becoming liable to make quarterly returns under section 24. 2 The aircraft operator must, no later than 30 days after a situation described in subsection (1) arises, apply to Revenue Scotland to register for the tax. 3 An aircraft operator is registered for the tax if Revenue Scotland has included the operator's details in the ADT register. Duty to deregister for tax 22 1 Subsection (2) applies to an aircraft operator if the operator— a is registered for the tax, and b either— i ceases to be liable to make quarterly returns under section 24, or ii forms an intention to do something, or to stop doing something, that will result in the operator ceasing to be liable to make quarterly returns under section 24. 2 The aircraft operator must, no later than 30 days after a situation described in subsection 1(b) arises, apply to Revenue Scotland to deregister for the tax. 3 An aircraft operator is deregistered for the tax if Revenue Scotland has removed the operator's details from the ADT register. Tax returns Duty to make returns and pay tax 23 1 A taxable person must make tax returns in accordance with— a section 24 (quarterly returns), or b section 25 (occasional returns). 2 Where a return is made under section 24 or 25, or amended under section 83 of the Revenue Scotland and Tax Powers Act 2014, any tax payable as a result of the return or amendment must be paid at the same time as the return or amendment is made. 3 For the purpose of subsection (2), tax is treated as paid if arrangements satisfactory to Revenue Scotland are made for payment of the tax. Quarterly returns 24 1 Every taxable person that is not making occasional returns must make quarterly returns. 2 Quarterly returns are due no later than 30 days after the end of each accounting period. 3 In this section, “ accounting period ” means— a the period— i beginning on the date on which the person becomes a taxable person, and ii ending on whichever of the dates mentioned in paragraph (b) occurs next, and b each subsequent period of 3 months ending on 31 March, 30 June, 30 September, or 31 December. 4 A taxable person that is making quarterly returns— a may notify Revenue Scotland that the person intends to make occasional returns instead of quarterly returns, and b unless subsection (5) applies, is entitled to start making occasional returns instead of quarterly returns from the beginning of— i the next accounting period to begin after the date on which Revenue Scotland receives the notice, or ii an alternative accounting period specified by Revenue Scotland by written notice to the person. 5 If Revenue Scotland is not satisfied that a person giving notice under subsection (4)(a) is eligible to make occasional returns, Revenue Scotland may, by written notice, require the person to continue to make quarterly returns. Occasional returns 25 1 A taxable person is eligible to make occasional returns instead of quarterly returns if, on each day on which the person carries out a taxable activity, the person— a intends to carry out taxable activities on no more than 12 days in total in the 12-month period beginning on that day, and b expects to incur liability, in that 12-month period, for no more than £20,000 of the tax. 2 Occasional returns for any taxable activity are due no later than 30 days after the date of the taxable activity. 3 If Revenue Scotland receives an occasional return and is not satisfied that the person making the return is eligible to make occasional returns, Revenue Scotland may, by written notice, require the person to make quarterly returns. 4 Despite subsection (1), a taxable person that is required under subsection (3) to make quarterly returns— a is not eligible to make occasional returns until Revenue Scotland rescinds the requirement by written notice, but b may at any time apply to Revenue Scotland for the requirement to be rescinded. 5 A taxable person that is making occasional returns— a is not required to make quarterly returns unless Revenue Scotland requires the person to do so under subsection (3), but b may notify Revenue Scotland that the person intends to make quarterly returns instead of occasional returns, in which case the person may move to making quarterly returns from the beginning of— i the next accounting period to begin after the date on which Revenue Scotland receives the notice, or ii an alternative accounting period specified by Revenue Scotland by written notice to the person. 6 To avoid doubt, a taxable person that is required under subsection (3) to make quarterly returns, or that intends to move to making quarterly returns (see subsection (5)(b)), must comply with section 21 (duty to register for the tax). Form and content of returns 26 1 A return must include— a a declaration made by the taxable person that the return is, to the best of that person's knowledge, correct and complete, or b where the taxable person authorises an agent to complete the return, a declaration by the agent that the taxable person has declared to the agent that the information provided in the return is, to the best of the taxable person's knowledge, correct and complete. 2 The return must be in the form, contain the information and be made in the manner that is specified by Revenue Scotland. 3 Revenue Scotland may specify different forms, information, and manners of return for different purposes. 4 A return is treated as containing any information provided by the person making it for the purpose of completing the return. Special accounting schemes 27 1 If a taxable person encounters or expects to encounter difficulties in obtaining and recording information about passengers and their agreements for carriage— a the person may apply to Revenue Scotland for approval to use a special accounting scheme for the tax, and b Revenue Scotland may approve the use of a special accounting scheme if it considers it appropriate to do so having regard to the difficulties that the person has encountered or expects to encounter. 2 A special accounting scheme is a scheme— a whose details are agreed between Revenue Scotland and a taxable person, and b that makes provision for methods of calculating how many passengers are to be regarded— i as chargeable passengers carried on chargeable aircraft operated by the person, and ii as chargeable at each tax rate. 3 Revenue Scotland— a may set terms and conditions that apply generally to the use of a special accounting scheme, and b must publish any such terms and conditions. 4 If a taxable person is using an approved special accounting scheme, the number of chargeable passengers carried by the person and the tax rate chargeable for the carriage of those passengers are to be regarded as the number and rate calculated in accordance with— a the details of the special accounting scheme, and b any general terms and conditions published under subsection (3). 5 Revenue Scotland may, by written notice to a taxable person, withdraw its approval for the person's use of a special accounting scheme— a at any time, on Revenue Scotland's initiative, or b on the application of the person. 6 A notice under subsection (5) has effect from the date specified in the notice. Tax representatives Duty to have tax representative 28 1 A taxable person that does not have a business establishment or other fixed establishment in an EEA State must have a tax representative, unless the person is making occasional returns under section 25. 2 A person that is required by subsection (1) to have a tax representative must— a appoint a tax representative by written notice no later than 7 days after— i the date on which the person becomes subject to the requirement, and ii each subsequent date (if any) on which an existing appointment of a tax representative by the person ceases to have effect (see section 33(3)), and b notify Revenue Scotland of the details of the appointment no later than 7 days after the appointment is made. 3 A taxable person that is not required by subsection (1) to appoint a tax representative may appoint one voluntarily, but the appointment does not have effect for the purposes of this Act unless the details of the appointment are notified to Revenue Scotland. 4 A tax representative— a must be a person eligible under section 32 to hold that position, and b may be appointed as a fiscal or an administrative tax representative (see section 29). 5 An appointment notice must— a specify whether the tax representative is appointed as a fiscal or an administrative tax representative, b identify the powers, duties and liabilities of the tax representative, as set out in section 30 or 31 or regulations made under section 41 (as applicable), c identify the duty on the parties to the appointment to notify Revenue Scotland if the appointment ceases to have effect, as set out in section 34, d be dated and signed by or on behalf of the taxable person and the tax representative, and e if the tax representative is to be an administrative tax representative, comply with section 29(2)(a). Fiscal and administrative tax representatives 29 1 Any tax representative not appointed in accordance with subsection (2) is a fiscal tax representative. 2 A tax representative is an administrative tax representative only if— a the tax representative's notice of appointment contains a statement that the appointment is made for administrative purposes only, b the taxable person making the appointment has provided to Revenue Scotland the amount of security (if any) that, at the time the appointment is made, is— i specified in an individual direction issued by Revenue Scotland under section 35(1)(b), or ii if sub-paragraph (i) does not apply, determined in accordance with a general direction issued by Revenue Scotland under section 36(1), and c the taxable person has provided to Revenue Scotland any security or additional security that, at any time after the appointment is made, is— i required under section 35(5)(b) (for compliance with an individual direction issued under 35(1)(b)), or ii if sub-paragraph (i) does not apply, required under section 36(4) (for compliance with a general direction issued under section 36(1)). Fiscal tax representatives: powers, duties and liabilities 30 1 The fiscal tax representative of a taxable person— a may act on the taxable person's behalf in relation to the tax, b must ensure (by acting on the taxable person's behalf, where appropriate) that the taxable person complies with any duties relating to the tax, and discharges any liabilities relating to the tax, that arise under— i this Act or any regulations made under this Act, or ii the Revenue Scotland and Tax Powers Act 2014 or any orders or regulations made under that Act, and c is liable to Revenue Scotland jointly and severally with the taxable person for the tax (including any penalty or interest that is recoverable as if it were an amount of the tax). 2 To avoid doubt, subsection (1)(a) does not authorise a fiscal tax representative, in relation to any tax return that is required by section 23, to make a declaration that the taxable person is required to make under section 26(1)(a) or (b). 3 The joint and several liability of a fiscal tax representative under subsection (1)(c)— a continues after the tax representative's appointment ceases to have effect, but b applies only in relation to tax (including any penalty or interest that is recoverable as if it were an amount of the tax) that is incurred during the period for which the fiscal tax representative's appointment has effect. Administrative tax representatives: powers, duties and limits on liability 31 1 The administrative tax representative of a taxable person— a must ensure (by acting on the taxable person's behalf, where appropriate) that the taxable person complies with duties that arise in relation to the tax under section 74 of the Revenue Scotland and Tax Powers Act 2014 (duty to keep and preserve records) or any regulations made under that section, and b may otherwise act on the taxable person's behalf for any purpose agreed between the taxable person and the representative, subject to subsection (2). 2 An administrative tax representative— a is not authorised, in relation to any tax return that is required by section 23, to make a declaration that the taxable person is required to make under section 26(1)(a) or (b), b is not required to ensure that the taxable person pays any amount of the tax which is or may become due from the taxable person, c is not personally liable to pay an amount of the tax (including any penalty or interest that is recoverable as if it were an amount of the tax) or for a failure by the taxable person to pay that amount, and d is not required to provide any security that may be required under section 29(2)(b), section 35(5)(b) or section 36(4). Eligibility to be tax representative 32 1 A person is eligible to be a tax representative if— a the person has a business establishment or other fixed establishment in an EEA State, and b none of the disqualifications in subsection (2) applies to the person. 2 The following persons may not be appointed as a tax representative— a a body corporate— i that is in liquidation, ii that is in administration under Part 2 of the Insolvency Act 1986 or Part 3 of the Insolvency (Northern Ireland) Order 1989, iii for which an administrative receiver (as defined in section 251 of the Insolvency Act 1986) has been appointed, b an individual— i who is subject to a bankruptcy restrictions order under section 155 of the Bankruptcy (Scotland) Act 2016, ii who is incapacitated (within the meaning of the Adults with Incapacity (Scotland) Act 2000), iii who is serving a sentence of imprisonment (including any period of early release in relation to that sentence) or remanded in custody in the United Kingdom, iv who is detained in hospital under the Mental Health (Care and Treatment) (Scotland) Act 2003, c an individual or partnership— i whose estate is sequestrated under the Bankruptcy (Scotland) Act 2016, ii whose estate is subject to a protected trust deed (see section 163 of the Bankruptcy (Scotland) Act 2016), d a body corporate, individual or partnership to which circumstances in any jurisdiction apply that are analogous to any of the circumstances described in paragraphs (a) to (c). Duration of tax representative appointments 33 1 The appointment of a tax representative by a taxable person has effect from the beginning of— a where the appointment is required by section 28(1), the day on which the notice of appointment is signed by or on behalf of the taxable person and the person being appointed, b where the appointment is made by the taxable person voluntarily, rather than being required by section 28(1), the day on which the details of the appointment are notified to Revenue Scotland, or c in either case, any later date specified in the notice of appointment. 2 The appointment may be terminated by either party to the appointment giving to the other party at least 7 days' written notice of the termination. 3 The appointment ceases to have effect on whichever of the following dates occurs first— a the termination date notified to a party to the appointment under subsection (2), b the date on which the tax representative ceases to be eligible under section 32 to hold that position, c the date immediately before the date on which an appointment by the taxable person of another tax representative takes effect, d in the case of an administrative tax representative, the date on which the taxable person ceases to comply with section 29(2)(b) or (c) (requirement to provide security to Revenue Scotland), e if the tax representative is a company, a partnership or an unincorporated body, the date on which the company, partnership or body— i ceases to carry on business, or ii is dissolved, f if the tax representative is an individual, the date on which the individual dies. Duty to notify Revenue Scotland if appointment ceases to have effect 34 1 This section applies if a person that is a party to the appointment of a tax representative becomes aware that the appointment is to cease to have effect for any of the reasons set out in section 33(3). 2 The person must, within 7 days after becoming aware of that fact, notify Revenue Scotland of— a the reason that the appointment will cease to have effect, and b the date on which the appointment ceases to have effect. 3 A person notifying Revenue Scotland under subsection (2) must at the same time notify the other party to the appointment, in writing, of the reason and the date. Provision of security Security required by individual directions 35 1 Revenue Scotland may issue a direction— a requiring a taxable person or a fiscal tax representative to provide any security that Revenue Scotland considers appropriate, b specifying the amount of security that a taxable person is required to provide to validate the appointment of an administrative tax representative (see section 29(2)(b)(i) and (c)(i)). 2 Revenue Scotland— a may attach to a direction under this section any conditions it thinks fit, and b may vary or revoke an earlier direction or the conditions attached to it. 3 A person is not required to comply with a direction under this section unless Revenue Scotland has— a served notice of the direction on the person, or b taken all such other steps as appear to Revenue Scotland to be reasonable for bringing the direction to the person's attention. 4 If Revenue Scotland issues a direction to a taxable person or fiscal tax representative under subsection (1)(a), that person must provide the required security to Revenue Scotland by the date specified by Revenue Scotland. 5 If Revenue Scotland issues a direction to a taxable person under subsection (1)(b)— a if the direction specifies an amount of security that is different to the amount that the taxable person would be required to provide according to a general direction under section 36, the direction under this section prevails, and b if the effect of the direction is that the taxable person must provide security or additional security to ensure that the appointment of an administrative tax representative continues to be valid, the taxable person must provide the security or additional security to Revenue Scotland by the date specified by Revenue Scotland (which may be specified in the direction or by notice to the taxable person). 6 In this Act, “ security ” means security for the payment of any amount of the tax which is or may become due from a taxable person (including any penalty or interest that is recoverable as if it were an amount of the tax). Security required by general directions 36 1 Revenue Scotland may issue a direction specifying the amount of security (as defined in section 35(6)), or a method for determining the amount of security, that taxable persons must provide to Revenue Scotland to validate the appointment of an administrative tax representative (see section 29(2)(b)(ii) and (c)(ii)). 2 A direction under this section— a applies to taxable persons generally, b may specify any conditions for the provision of security that Revenue Scotland thinks fit, c may vary or revoke an earlier direction, and d must be published by Revenue Scotland. 3 Subsection (4) applies if— a a taxable person has appointed an administrative tax representative, and b a direction issued under this section has the effect of requiring the taxable person to provide security or additional security to ensure that the appointment continues to be valid. 4 The taxable person must provide the security or additional security to Revenue Scotland by the date specified by Revenue Scotland (which may be specified in the direction or by notice to the taxable person). Handling agents Meaning of handle and handling agent 37 In this Act— “ handle ”, in relation to passengers carried on an aircraft, means to make arrangements for— the allocation of seats to the passengers, the handling of the baggage of the passengers, or the supervision of the boarding of the passengers, “ handling agent ”, in relation to a taxable person, means a person who, under an agreement with the taxable person, handles passengers carried on aircraft operated by the taxable person. Liability of handling agents 38 1 A handling agent of a taxable person is jointly and severally liable with the taxable person for the payment of tax that is incurred by the taxable person— a during the period that a notice under this section has effect, and b for the carriage of passengers handled by the handling agent. 2 Revenue Scotland may give notice to a handling agent of a taxable person only if— a an amount of the tax which is due from the taxable person is not paid within the period of 90 days beginning with the earliest time at which any part of that amount became due, or b the taxable person, if required to have a tax representative, fails to appoint one within the period specified in section 28(2). 3 However, Revenue Scotland— a must not give notice under this section to a handling agent who is an individual, and b must not give notice on the ground referred to in subsection (2)(a) unless Revenue Scotland considers it necessary for the protection of the revenue. 4 A notice under this section— a has effect on the later of the date specified in the notice and the time when the notice is received by the handling agent, b continues to have effect until withdrawn, and c may at any time be withdrawn by Revenue Scotland. 5 In subsection (1), the reference to tax incurred during a period includes any penalty or interest— a to which the taxable person becomes liable during that period, b that relates to the tax incurred during that period, and c that is recoverable as if it were an amount of the tax. Communications with Revenue Scotland Communications with Revenue Scotland 39 1 If a person is required or permitted by or under this Act to communicate with Revenue Scotland, whether by way of a notice, application or any other means of communication, the communication must be in the form, contain the information and be made in the manner that is specified by Revenue Scotland. 2 Subsection (1) is subject to any different provision made in or under this Act. 3 Revenue Scotland may specify different forms, information and manners of communication for different purposes. Inaccuracies in information provided to Revenue Scotland 40 1 This section applies if a person, whether a taxable person or a tax representative, becomes aware of a material inaccuracy in information that the taxable person or tax representative has provided to Revenue Scotland under section 21(2) (registering for tax), 28(2)(b) or (3) (details of tax representative appointments) or 34(2) (changes to tax representative appointments). 2 The person must give Revenue Scotland written notice of the inaccuracy no later than 30 days after the date on which the person becomes aware of it. 3 For the purpose of this section, an inaccuracy is material if it affects Revenue Scotland's ability— a to collect and manage the tax, or b to protect the revenue against tax fraud and tax avoidance. Modification of administrative provisions Administrative provisions may be modified by regulations 41 1 The Scottish Ministers may by regulations make other provision concerning the payment, collection and management of the tax. 2 Regulations under this section— a may add, change or remove any provision concerning the payment, collection and management of the tax or any provision that defines or otherwise explains a term or expression, and b may modify this Act. 3 However, regulations under this section must not modify section 18 or 19. PART 5 FINAL PROVISIONS Regulations 42 1 Regulations under the following provisions are subject to the affirmative procedure— a section 15 (modifying key concepts), b section 17 (setting tax bands and tax rate amounts or making other provision concerning the structure of the tax), c section 41 (modifying administrative provisions), if the regulations add to, replace or omit any part of the text of an Act, d section 43 (dealing with ancillary matters), if the regulations add to, replace or omit any part of the text of an Act. 2 Regulations under the following provisions are subject to the negative procedure— a section 41 (modifying administrative provisions), unless the regulations add to, replace or omit any part of the text of an Act, b section 43 (dealing with ancillary matters), unless the regulations add to, replace or omit any part of the text of an Act, c section 44(2) (updating references in this Act to other enactments). 3 Any power conferred by this Act on the Scottish Ministers to make regulations includes the power to make— a different provision for different cases or descriptions of case or for different purposes, and b such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient. 4 Subsection (3) does not apply to regulations made under section 48 (commencement). Ancillary provision 43 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 2 Regulations under this section may modify any enactment (including this Act). Interpretation 44 1 In this Act— “ administrative tax representative ” means a tax representative that is appointed as described in section 29(2), “ ADT register ” means the register kept under section 20, “ airport ” means an aerodrome as defined in section 105(1) of the Civil Aviation Act 1982, “ certificate of airworthiness ” has the same meaning as in the Air Navigation Order 2016 ( S.I. 2016/765), “ connected flights ” means flights that are connected in terms of the rules that are set out in schedule 1, “ EEA agreement ” means the agreement on the European Economic Area signed at Oporto on 2 May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17 March 1993, as modified or supplemented from time to time, “ EEA State ” means— a member State of the EU , or any other State that is a party to the EEA agreement, “ exemption ” means any provision for— a passenger carried on an aircraft to be a non-chargeable passenger (see sections 3 to 7 and 15), or an aircraft to be a non-chargeable aircraft (see sections 9, 10 and 15), “ fiscal tax representative ” means a tax representative that is not an administrative tax representative, “ flight crew ” includes the pilot, flight navigator, flight engineer and flight radiotelephony operator for a flight, but does not include a cabin attendant, “ kerosene ” has the meaning given in section 1(8) of the Hydrocarbon Oil Duties Act 1979, “ non-chargeable aircraft ” means an aircraft on which the aircraft operator may carry passengers without incurring tax, “ non-chargeable passenger ” means a passenger whom the aircraft operator may carry on an aircraft without incurring tax, “ occasional return ” means a tax return made under section 25, “ operator ”, in relation to an aircraft, means the person having the management of the aircraft, “ passenger ” means a person who— is carried on a flight, and is not working during the flight (as defined in section 2(2)), “ quarterly return ” means a tax return made under section 24, “ tax ” means air departure tax, “ tax representative ” means a tax representative appointed under section 28 (which may be a fiscal tax representative or an administrative tax representative), “ ticket ” means a document which— is issued to a passenger for one or more flights, and specifies the departure airport, date and time, and the arrival airport, for each flight. 2 If an enactment referred to in a definition in this section, or in any other provision of this Act, is repealed and re-enacted (with or without modification)— a the reference to the enactment must be construed as a reference to the re-enacted enactment unless the Scottish Ministers by regulations provide otherwise, and b the Scottish Ministers may by regulations amend the definition so that it refers to the re-enacted enactment. Minor and consequential modifications 45 Schedule 2 makes minor and consequential modifications to the Revenue Scotland and Tax Powers Act 2014. Crown application 46 Her Majesty in Her private capacity is not a taxable person. Index of defined expressions 47 Schedule 3 contains an index of expressions defined or otherwise explained in this Act. Commencement 48 1 This section and sections 42, 43, 44, 46, 47 and 49 come into force on the day after Royal Assent. 2 The rest of this Act comes into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 49 The short title of this Act is the Air Departure Tax (Scotland) Act 2017. SCHEDULE 1 CONNECTED FLIGHT RULES (introduced by section 44(1)) Rules determining when domestic flight is connected flight 1 1 This paragraph applies if— a a passenger is carried on consecutive flights, “flight A” and “flight B”, b flight A and flight B are covered by the same agreement for carriage, c the passenger has a ticket for flight A and flight B that shows the departure airport, date and time, and the arrival airport, for each flight, and d flight B begins and ends in the United Kingdom. 2 Flight A and flight B are connected flights if the scheduled arrival time of flight A and the ticketed departure time of flight B are in the same category, as set out below— Category Scheduled arrival time of flight A Ticketed departure time of flight B 1 In the period beginning after midnight and ending at 0400 hours No later than 1000 hours on the scheduled day of arrival of flight A 2 In the period beginning after 0400 hours and ending at 1700 hours No later than 6 hours after the scheduled arrival time of flight A 3 In the period beginning after 1700 hours and ending at midnight No later than 1000 hours on the day following the scheduled day of arrival of flight A 3 Despite sub-paragraph (2), flight A and flight B are not connected flights if the ticketed departure airport of flight A is the same as the ticketed arrival airport of flight B (in other words, if flight B is a return flight in relation to flight A). 4 In this paragraph— “ scheduled ”, in relation to the arrival time or day of arrival of a passenger's flight, means the arrival time or day of arrival that is indicated in the operator's timetable for the flight at the time the passenger's ticket for the flight is issued or last amended, “ ticketed ”, in relation to the departure time, departure airport or arrival airport of a passenger's flight, means the departure time, departure airport or arrival airport that is specified on the passenger's ticket for the flight at the time the ticket is issued or last amended. Rules determining when international flight is connected flight 2 1 This paragraph applies if— a a passenger is carried on consecutive flights, “flight A” and “flight B”, and b flight A and flight B are covered by the same agreement for carriage, c the passenger has a ticket for flight A and flight B that shows the departure airport, date and time, and the arrival airport, for each flight, and d flight B begins at an airport in one country and ends at an airport in another country. 2 Flight A and flight B are connected flights if the ticketed departure time of flight B is no later than 24 hours after the scheduled arrival time of flight A. 3 Despite sub-paragraph (2), flight A and flight B are not connected flights if— a the passenger first boards the flight A aircraft in one country, and b the passenger finally disembarks from the flight B aircraft in the same country. 4 For the purpose of this paragraph— a “scheduled” and “ticketed” have the meanings given in paragraph 1(4), and b the United Kingdom is a single country. Application of connected flight rules in case of error on ticket 3 1 This paragraph applies if— a there is an error on a passenger's ticket at the time it is issued or last amended, and b the error is an incorrectly specified time or airport. 2 If Revenue Scotland is satisfied that two flights would be connected flights under paragraph 1 or 2 if the time or airport had been correctly specified on the ticket, the flights are connected flights. 3 If Revenue Scotland is satisfied that two flights would not be connected flights under paragraph 1 or 2 if the time or airport had been correctly specified on the ticket, the flights are not connected flights. SCHEDULE 2 MINOR AND CONSEQUENTIAL MODIFICATIONS TO REVENUE SCOTLAND AND TAX POWERS ACT 2014 (introduced by section 45) 1 This schedule amends the Revenue Scotland and Tax Powers Act 2014. 2 1 Section 141 (power to inspect business premises) is amended as follows. 2 After subsection (3) insert— 3A In this Chapter, “business premises”— a in relation to a person, means premises (or any part of premises) that a designated officer has reason to believe are (or is) used in connection with the carrying on of a business by or on behalf of the person, but b in relation to a taxable person under the ADT(S) Act 2017, does not include the premises of any tax representative or handling agent of the person, within the meaning of that Act. 3B Subsection (3A)(b) does not prevent tax representatives or handling agents, or any category of tax representatives or handling agents, from being specified under section 142 as involved third parties for the purposes of that section. . 3 In subsection (4), repeal the definition of “business premises”. 3 1 Section 159 (penalty for failure to make returns) is amended as follows. 2 In subsection (1), at the end of the table add— 3. Air departure tax Return under section 24 or 25 of the ADT(S) Act 2017 . 3 In subsection (6), after “item 2” insert “ or 3 ” . 4 In the italic heading before section 164, after “ Scottish landfill tax ” insert “ and air departure tax ” . 5 1 Section 164 (Scottish landfill tax: first penalty for failure to make return) is amended as follows. 2 In the section title, after “ Scottish landfill tax ” insert “ and air departure tax ” . 3 In subsection (1), after “item 2” insert “ or 3 ” . 6 In section 165 (Scottish landfill tax: multiple failures to make return), in the section title, after “ Scottish landfill tax ” insert “ and air departure tax ” . 7 In section 166 (Scottish landfill tax: 6 month penalty for failure to make return), in the section title, after “ Scottish landfill tax ” insert “ and air departure tax ” . 8 In section 167 (Scottish landfill tax: 12 month penalty for failure to make return), in the section title, after “ Scottish landfill tax ” insert “ and air departure tax ” . 9 1 Section 168 (penalty for failure to pay tax) is amended as follows. 2 In subsection (1), for the table substitute— Taxes to which payment relates Amount of tax payable Date after which penalty incurred 1. Land and buildings transaction tax Amount payable under section 40 of the LBTT(S) Act 2013. (See also item 4, below) The date falling 30 days after the date by which the amount must be paid. 2. Scottish landfill tax Amount payable under regulations made under section 25 of the LT(S) Act 2014. (See also item 4, below) The date by which the amount must be paid. 3. Air departure tax Amount payable under section 23(2) of the ADT(S) Act 2017 as a result of a return under section 24 or 25 of that Act. (See also item 4, below) The date by which the amount must be paid. 4. Land and buildings transaction tax, Scottish landfill tax and air departure tax a Additional amount payable as a result of an adjustment under section 66 of this Act. b Additional amount payable as a result of an amendment under section 83 of this Act. c Additional amount payable as a result of an amendment under section 87 of this Act. d Additional amount payable as a result of an amendment under section 93 of this Act. e Amount assessed under section 95 of this Act in the absence of a return. f Amount payable as a result of an assessment under section 98 of this Act. a The date by which the amount must be paid. b The date by which the amount must be paid. c The date falling 30 days after the date by which the amount must be paid. d The date by which the amount must be paid. e The date falling 30 days after the date by which the amount must be paid. f The date by which the amount must be paid. . 3 In subsection (4), for “payment falling within item 1 of the table” substitute “ payment relating to land and buildings transaction tax ” . 4 In subsection (5), for “payment falling within item 2 of the table” substitute “payment relating to Scottish landfill tax or air departure tax 10 In section 169 (land and buildings transaction tax: amounts of penalties for failure to pay tax), in subsection (1), for “payment of tax falling within item 1 of the table in section 168” substitute “ payment referred to in section 168(1) and relating to land and buildings transaction tax ” . 11 In the italic heading before section 170, after “ Scottish landfill tax ” add “ and air departure tax ” . 12 1 Section 170 (Scottish landfill tax: first penalty for failure to pay tax) is amended as follows. 2 In the section title, after “ Scottish landfill tax ” insert “ and air departure tax ” . 3 In subsection (1), for “payment of tax falling within item 2 of the table in section 168” substitute “ payment referred to in section 168(1) and relating to Scottish landfill tax or air departure tax ” . 13 1 Section 171 (Scottish landfill tax: penalties for multiple failures to pay tax) is amended as follows. 2 In the section title, after “ Scottish landfill tax ” insert “ and air departure tax ” . 3 In subsection (1)(b), for “payment (“payment B”) falling within the same item in the table in section 168 as payment A” substitute “ payment referred to in section 168(1) (“payment B”) that relates to the same type of tax as payment A ” . 14 In section 172 (Scottish landfill tax: 6 month penalty for failure to pay tax), in the section title, after “ Scottish landfill tax ” insert “ and air departure tax ” . 15 In section 173 (Scottish landfill tax: 12 month penalty for failure to pay tax), in the section title, after “ Scottish landfill tax ” insert “ and air departure tax ” . 16 1 Section 182 (penalty for inaccuracy in taxpayer document) is amended as follows. 2 In subsection (6), at the end of the table add— 3. Air departure tax a Return under section 24 or 25 of the ADT(S) Act 2017. b Application to use special accounting scheme under section 27 of the ADT(S) Act 2017. c Amended return under section 83 of this Act. d Claim under section 106, 107 or 108 of this Act. . 3 In subsection (7), for “item 1 or 2” substitute “ any item ” . 17 In the italic heading before section 209, for “ register for tax etc. ” substitute “ comply with relevant requirement ” . 18 1 Section 209 (penalty for failure to register for tax etc.) is amended as follows. 2 In the section title, for “ register for tax etc. ” substitute “ comply with relevant requirement ” . 3 In subsection (1), for paragraph (a) substitute— a P fails to comply with a requirement imposed by or under any of the following provisions (“a relevant requirement”) i section 22 or 23 of the LT(S) Act 2014 (registration and information required to keep register up to date), ii section 21(2) of the ADT(S) Act 2017 (registration), iii section 28(2)(a) of the ADT(S) Act 2017 (tax representatives), or iv section 35(4) of the ADT(S) Act 2017 (security for payment of air departure tax), and . 19 1 Section 210 (amount of penalty for failure to register for tax etc.) is amended as follows. 2 In the section title, for “ failure to register for tax etc. ” substitute “ failure to comply with relevant requirement ” . 3 For subsection (4) substitute— 4 The potential lost revenue is the amount of tax (if any) for which P is liable for the following period— a in the case of the relevant requirement specified in section 209(1)(a)(i) or (ii) (relating to registration), the period— i beginning on the date with effect from which P is required in accordance with that requirement to be registered, and ii ending on the date on which Revenue Scotland received notification of, or otherwise became fully aware of, P's liability to be registered, b in the case of the relevant requirement specified in section 209(1)(a)(iii) (relating to tax representatives for air departure tax), the period— i beginning on the date with effect from which P is required in accordance with that requirement to appoint a tax representative, and ii ending on the date on which Revenue Scotland received notification, or otherwise became fully aware, that P had appointed a tax representative, and c in the case of the relevant requirement specified in section 209(1)(a)(iv) (security for air departure tax), the period— i beginning on the date with effect from which P is required in accordance with that requirement to provide security, and ii ending on the date on which Revenue Scotland received the security. . 20 In the italic heading before section 211, for “ Chapter 5 ” substitute “ section 209 ” . 21 After section 215 (assessment of penalties under section 209), insert— Tax-related penalty: air departure tax Tax-related penalty 215A 1 This section applies if— a a person becomes liable to a penalty under section 209(1)(a)(iii) or (iv) (tax representatives or security for the payment of air departure tax), b the failure continues after a penalty is imposed under that section, c a designated officer has reason to believe that, as a result of the failure, the amount of tax that the person has paid, or is likely to pay, is significantly less than it would otherwise have been, d before the end of the period of 12 months beginning with the date on which the person became liable to the penalty under section 209(1)(a)(iii) or (iv), a designated officer makes an application to the Upper Tribunal for an additional penalty to be imposed on the person, and e the Upper Tribunal decides that it is appropriate for an additional penalty to be imposed. 2 The person is liable to a penalty of an amount decided by the Upper Tribunal. 3 In deciding the amount of the penalty, the Upper Tribunal must have regard to the amount of tax which has not been, or is not likely to be, paid by the person. 4 If a person becomes liable to a penalty under this section, Revenue Scotland must notify the person. 5 Any penalty under this section is in addition to the penalty or penalties under section 209. Enforcement of tax-related penalty 215B 1 A penalty under section 215A must be paid before the end of the period of 30 days beginning with the date on which the notification of the penalty is issued. 2 A penalty under section 215A is to be treated for enforcement purposes as an assessment to tax. Penalties for failures to notify Revenue Scotland: air departure tax Penalties for failures to notify Revenue Scotland 215C 1 This section applies to a person who fails to comply with any of the following provisions of the ADT(S) Act 2017— a section 22(2) (requirement to deregister on ceasing to be a taxable person under that Act), b section 28(2)(b) (requirement to notify Revenue Scotland of details of tax representative appointment), c section 34(2) (requirement to notify Revenue Scotland if appointment of tax representative is to cease to have effect), d section 40(2) (requirement to notify Revenue Scotland of inaccuracies in information provided to Revenue Scotland). 2 The person is liable to a penalty of £300. Failure to comply with time limit 215D A failure by a person to do anything required to be done within a limited period of time does not give rise to liability to a penalty under section 215C if the person did it within such further time (if any) that a designated officer may have allowed. Penalties under section 215C: general Reasonable excuse for failure to comply 215E 1 Liability to a penalty under section 215C does not arise if the person satisfies Revenue Scotland or (on appeal) the tribunal that there is a reasonable excuse for the failure to comply. 2 For the purposes of this section— a an insufficiency of funds is not a reasonable excuse unless attributable to events outside the person's control, b if the person relies on another person to do anything, that is not a reasonable excuse unless the first person took reasonable care to avoid the failure to comply, and c if the person had a reasonable excuse for the failure to comply but the excuse has ceased, the person is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased. Assessment of penalties under section 215C 215F 1 If a person becomes liable to a penalty under section 215C, Revenue Scotland must— a assess the penalty, and b notify the person. 2 An assessment of a penalty under section 215C must be made no later than 12 months after the date on which the person became liable to the penalty. Enforcement of penalties under sections 215C 215G 1 A penalty under section 215C must be paid— a before the end of the period of 30 days beginning with the date on which the notification under section 215F was issued, b if a notice of review against the penalty is given, before the end of the period of 30 days beginning with the date on which the review is concluded, c if, following review, mediation is entered into, before the end of the period of 30 days beginning with the date on which either Revenue Scotland or the person who gave the notice of review gave notice of withdrawal from mediation, or d if a notice of an appeal against the penalty is given, before the end of the period of 30 days beginning with the date on which the appeal is determined or withdrawn. 2 A penalty under section 215C is to be treated for enforcement purposes as an assessment to tax. . 22 Before section 216, insert— “ Power to change penalty provisions in Chapter 5 ” . 23 In section 216 (power to change penalty provisions in Chapter 5), at the end of subsection (1) insert “ (other than penalties under section 215A) ” . 24 In section 223 (certification of matters by Revenue Scotland), in subsection (1), after paragraph (c) insert— d that an aircraft is or is not, in relation to a specified flight, a chargeable aircraft for the purposes of the ADT(S) Act 2017, e that a passenger on an aircraft is or is not, in relation to a specified flight, a chargeable passenger for the purposes of the ADT(S) Act 2017, . 25 1 Section 233 (appealable decisions) is amended as follows. 2 In subsection (1), after paragraph (i) insert— j subject to subsection (3A), a decision which affects— i whether a person is required to provide security for the payment of air departure tax, ii the amount of security a person is required to provide for the payment of air departure tax, iii any other matter relating to the provision of security for the payment of air departure tax. . 3 After subsection (3), insert— 3A Subsection (1)(j)— a does not entitle a person to appeal a decision of Revenue Scotland to issue a direction under section 36 of the ADT(S) Act 2017 (relating to the security required to validate the appointment of an administrative tax representative), or the contents of such a direction, but b does entitle a person to appeal any decision of Revenue Scotland about how a direction is applied in a particular case. . 26 In section 252 (general interpretation), before the definition of “the LBTT(S) Act 2013” insert— “ the ADT(S) Act 2017 ” means the Air Departure Tax (Scotland) Act 2017, . 27 1 Schedule 5 (index of defined expressions) is amended as follows. 2 Before the item relating to the LBTTS(S) Act 2013, insert— ADT(S) Act 2017 section 252 . 3 In the entry relating to the expression “business premises”, in the second column, for “section 141(4)” substitute “ section 141(3A) ” . SCHEDULE 3 INDEX OF DEFINED EXPRESSIONS (introduced by section 47) Expression Interpretation provision accounting period section 24(3) administrative tax representative section 44(1) ADT register section 44(1) agreement for carriage section 12(1) and (2) airport section 44(1) authorised officer section 6(3) beyond a passenger's control section 7(4) carriage section 12(1) certificate of airworthiness section 44(1) chargeable aircraft section 8 chargeable passenger section 2(1) connected flights section 44(1) deregistered (for the tax) section 22(3) EEA agreement section 44(1) EEA State section 44(1) exemption section 44(1) final destination (of a person on a flight) section 16(5) fiscal tax representative section 44(1) flight (and when flight begins and ends) section 11 flight crew section 44(1) handle (passengers) section 37 handling agent section 37 kerosene section 44(1) material inaccuracy section 40(3) maximum passenger capacity section 13 maximum take-off weight section 13 NATO IMHQ section 6(3) NATO passenger section 6(3) NATO visiting force section 6(3) non-chargeable aircraft section 44(1) non-chargeable passenger section 44(1) North Atlantic Treaty section 6(3) occasional return section 44(1) operator section 44(1) passenger section 44(1) pitch (of a seat) section 14(2) premium rate (of tax) section 16(3)(b)(ii) quarterly return section 44(1) registered (for the tax) section 21(3) reward section 3(4) scheduled schedule 1, paragraph 1(4) security section 35(6) special accounting scheme section 27(2) special category aircraft section 16(6) special rate (of tax) section 16(3)(a) standard class travel (on a flight) section 14 standard rate (of tax) section 16(3)(b)(i) tax section 44(1) tax representative section 44(1) taxable activity section 18 taxable person section 19 ticket section 44(1) ticketed schedule 1, paragraph 1(4) working during a flight section 2(2) working in relation to an aircraft section 3(3)
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[uk-legislation-asp][asp] 2024-05-04 Budget (Scotland) Act 2017
http://www.legislation.gov.uk/asp/2017/1/2018-03-29
http://www.legislation.gov.uk/asp/2017/1/2018-03-29 Budget (Scotland) Act 2017 An Act of the Scottish Parliament to make provision, for financial year 2017/18, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for the maximum amounts of borrowing by certain statutory bodies and for authorising the payment of sums out of the Fund; to make provision, for financial year 2018/19, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes. text text/xml en Statute Law Database 2018-05-21 Expert Participation 2018-03-29 Budget (Scotland) Act 2017 2017 asp 1 An Act of the Scottish Parliament to make provision, for financial year 2017/18, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for the maximum amounts of borrowing by certain statutory bodies and for authorising the payment of sums out of the Fund; to make provision, for financial year 2018/19, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 23rd February 2017 and received Royal Assent on 31st March 2017 PART 1 Financial year 2017/18 Use of resources etc. The Scottish Administration 1 1 The Scottish Administration may use resources in financial year 2017/18 for the purposes specified in column 1 of schedule 1— a in the case of resources other than accruing resources, up to the amounts specified in the corresponding entries in column 2 of that schedule, b in the case of accruing resources, up to the amounts specified in the corresponding entries in column 3 of that schedule. 2 Despite paragraphs (a) and (b) of subsection (1), the resources which may be used for a purpose specified in column 1 may exceed the amount specified in the corresponding entry in column 2 or (as the case may be) column 3 if— a in the case of resources other than accruing resources, the first condition is met, b in the case of accruing resources, the second condition is met. 3 The first condition is that the total resources (other than accruing resources) used in financial year 2017/18 for all purposes specified in column 1 does not exceed the total of the amounts specified in column 2. 4 The second condition is that the total accruing resources used in financial year 2017/18 for all purposes specified in column 1 does not exceed the total of the amounts specified in column 3. Direct-funded bodies 2 1 A direct-funded body may use resources in financial year 2017/18 for the purposes specified in column 1 of schedule 2 in relation to the body. 2 Resources other than accruing resources may be used for those purposes up to the amounts specified in the corresponding entries in column 2 of that schedule. 3 Accruing resources may be used for those purposes up to the amounts specified in the corresponding entries in column 3 of that schedule. Borrowing by statutory bodies 3 In schedule 3, the amounts set out in column 2 are the amounts specified for financial year 2017/18 for the purposes of the enactments listed in the corresponding entries in column 1 (which make provision as to the net borrowing of the statutory bodies mentioned in that column). The Scottish Consolidated Fund Overall cash authorisations 4 1 For the purposes of section 4(2) of the PFA Act 2000, the overall cash authorisations for financial year 2017/18 are as follows. 2 In relation to the Scottish Administration, £34,708,594,000 . 3 In relation to the direct-funded bodies— a the Forestry Commissioners, £68,278,000 , b the Scottish Parliamentary Corporate Body, £85,209,000 , c Audit Scotland, £6,134,000. Contingency payments 5 1 This section applies where, in financial year 2017/18, it is proposed to pay out of the Scottish Consolidated Fund under section 65(1)(c) of the Scotland Act 1998— a for or in connection with expenditure of the Scottish Administration, a sum which does not fall within the amount specified in section 4(2) in relation to it, or b for or in connection with expenditure of a direct-funded body, a sum which does not fall within the amount specified in section 4(3) in relation to the body. 2 The sum may be paid out of the Fund only if its payment is authorised by the Scottish Ministers. 3 The Scottish Ministers may authorise payment of the sum only if they consider that— a the payment is necessarily required in the public interest to meet urgent expenditure for a purpose falling within section 65(2) of the Scotland Act 1998, and b it is not reasonably practicable, for reasons of urgency, to amend the overall cash authorisation by regulations under section 7. 4 But the Scottish Ministers must not authorise payment of the sum if it would result in an excess of sums paid out of the Fund over sums paid into the Fund. 5 The aggregate amount of the sums which the Scottish Ministers may authorise to be paid out of the Fund under this section must not exceed £50,000,000. 6 Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Scottish Parliament a report setting out the circumstances of the authorisation and why they considered it to be necessary. PART 2 Financial year 2018/19 Emergency arrangements 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Miscellaneous Amendment and repeal Budget revision regulations 7 1 The Scottish Ministers may by regulations amend— a the amounts specified in section 4(2) and (3), b schedules 1 to 3. 2 Regulations under this section are subject to the affirmative procedure. Repeal of spent provisions 8 Part 2 (financial year 2017/18) of the Budget (Scotland) Act 2016 is repealed. Final provisions Interpretation 9 1 In this Act, the “ PFA Act 2000 ” means the Public Finance and Accountability (Scotland) Act 2000. 2 References in this Act to accruing resources in relation to the Scottish Administration or a direct-funded body are to such resources accruing to the Administration or (as the case may be) that body in financial year 2017/18. 3 References in this Act to the direct-funded bodies are to the bodies listed in section 4(3) (and references to a direct-funded body are to any of those bodies). 4 Except where otherwise expressly provided, expressions used in this Act and in the PFA Act 2000 have the same meanings in this Act as they have in that Act. Commencement 10 This Act comes into force on the day after Royal Assent. Short title 11 The short title of this Act is the Budget (Scotland) Act 2017. SCHEDULE 1 THE SCOTTISH ADMINISTRATION (introduced by section 1) Purposes Amount of resources (other than accruing resources) Amount of accruing resources £ £ 1. Through their Culture, Tourism and External Affairs portfolio, for use by the Scottish Ministers on: support for the arts, culture and creativity in Scotland; cultural organisations; the creative industries; central government grants to non-departmental public bodies, local authorities and other bodies and organisations; tourism; international relations; development assistance; Historic Environment Scotland. 274,342,000 45,000,000 2. Through their Finance and the Constitution portfolio, for use by the Scottish Ministers on: the running and capital costs of the Scottish Public Pensions Agency; expenditure on committees, commissions and other portfolio services; expenditure on corporate and central services; expenditure on protocol; costs associated with referendums; expenditure on strategic communications with various audiences; funding to support delivery of parliamentary elections; funding to support delivery of local government elections; support for the running costs of the Scottish Futures Trust Limited. 98,599,000 20,000,000 3. Through their Health and Sport portfolio, for use by the Scottish Ministers on: hospital and community health services; family health services, including local GP practices, pharmacy, dental and ophthalmic services; community care; mental health services; capital investment; health and social care integration outcomes framework ; care, support and rights; early years; other health services; the Independent Living Fund Scotland; the Mental Welfare Commission; the Care Inspectorate; sportscotland; physical activity. 13,559,253,000 2,050,000,000 4. Through their Education and Skills portfolio, for use by the Scottish Ministers on: schools; training and development of teachers; educational research, development and promotion; the Gaelic language; Bòrd na Gàidhlig; Gaelic Media Service (MG Alba); qualifications, assessment and skills; funding of Education Scotland, Disclosure Scotland and Additional Support Needs Tribunals for Scotland; childcare, including care for vulnerable children; youth work, including youth justice and associated social work services; central government grants to local authorities; grant in aid for the Scottish Further and Higher Education Funding Council, Scottish Qualifications Authority, Children's Hearings Scotland, Scottish Children's Reporter Administration and Scottish Social Services Council; grant in aid for Skills Development Scotland; funding for the Student Awards Agency for Scotland and related costs, including the Student Loan Scheme; Enterprise in Education; activities associated with the Chief Scientific Adviser for Scotland; international and other educational services; funding for international college and university activities; sundry lifelong learning activities; funding activities for young people to develop skills in connection with training and work; the provision of Education Maintenance Allowances. 3,465,134,000 250,000,000 5. Through their Justice portfolio, for use by the Scottish Ministers on: legal aid, including the running costs of the Scottish Legal Aid Board; criminal injuries compensation (including administration); certain services relating to crime, including the Parole Board for Scotland; the Scottish Prison Service; the Scottish Criminal Cases Review Commission; the Risk Management Authority; the Scottish Police Authority and Police Investigations and Review Commissioner; additional police services; the Scottish Fire and Rescue Service; the payment of police and fire pensions; Scottish Resilience; central government grants to local authorities for criminal justice social work; measures to create safer and stronger communities, including Community Justice Scotland; miscellaneous services relating to the administration of justice; community justice services; court services, including judicial pensions; certain legal services; costs and fees in connection with legal proceedings. 2,476,382,000 39,700,000 6. Through their Environment, Climate Change and Land Reform portfolio, for use by the Scottish Ministers on: advisory, research and development services; botanical and scientific services; assistance to production, marketing and processing; administration, land management and other agricultural services; core marine functions involving scientific research and compliance and policy; natural heritage; environment protection; other environmental expenditure; flood prevention; coastal protection; air quality monitoring; climate change activities, including the Land Managers' Renewables Fund; the Scottish Land Commission; water grants, including to the Water Industry Commission for Scotland and funding for the Drinking Water Quality Regulator for Scotland; loans to Scottish Water and Scottish Water Business Stream Holdings Limited. 356,254,000 500,000,000 7. Through their Rural Economy and Connectivity portfolio, for use by the Scottish Ministers on: market support, including grants in relation to agriculture; support for agriculture in special areas, including grants for rural development; rural development generally; agri-environmental and farm woodland measures; compensation to sheep producers; animal health; agricultural education; core marine functions involving scientific research, compliance, policy and management of Scotland's seas, representing Scotland's interests in relation to common fisheries policy, international fisheries negotiation and aquaculture and freshwater policy, administration of all marine consents required for depositing substances at sea, coastal protection and offshore renewables, grants and other assistance to the Scottish fisheries sector; rural affairs; support for crofting communities, including the crofting environment; support for passenger rail services, rail infrastructure and associated rail services; support for the development and delivery of concessionary travel schemes; funding for major public transport projects; the running costs of Transport Scotland; funding for the Strategic Transport Projects Programme; funding for travel information services; the maintenance and enhancement of the trunk road infrastructure; support for ferry services, loans and grants relating to vessel construction, grants for pier and other infrastructure and funding for road equivalent tariff fares; support for Highlands and Islands Airports Limited; support for air services and funding for the Air Discount Scheme; support for the bus industry; support for the Tay Road Bridge Joint Board; support for the freight industry; support for Scottish Canals; funding to promote sustainable and active travel; contributing to the running costs of Regional Transport Partnerships and other bodies associated with the transport sector; funding for road safety; costs in relation to funding the office of the Scottish Road Works Commissioner; costs related to public inquiries; digital and broadband technology; grant in aid for Highlands and Islands Enterprise. 2,854,164,000 800,000,000 8. Through their Communities, Social Security and Equalities portfolio, for use by the Scottish Ministers on: revenue support grants and payment to local authorities of non-domestic rates in Scotland; other local authority grants and special grants relating to council tax and spend-to-save scheme; housing support grant; other services, including payments under the Bellwin scheme covering floods, storms and other emergencies; funding of the Local Government Boundary Commission for Scotland; funding of strategic contracts to increase the resilience and capacity of third sector organisations; planning; architecture; building standards; housing subsidies and guarantees; Energy Assistance Package; Home Insulation Schemes; repayment of debt and associated costs; other expenditure, contributions and grants relating to housing; activities relating to homelessness; research and publicity and other portfolio services; grants to local authorities and registered social landlords; loans to individuals; community engagement; regeneration programmes; grants for Vacant and Derelict Land Fund; loans to organisations; funding of payments for welfare purposes; funding to tackle food poverty; expenditure relating to equality issues; expenditure and grant assistance in relation to public service reform and efficiency; funding for advice and advocacy services. 11,019,674,000 80,000,000 9. Through their Economy, Jobs and Fair Work portfolio, for use by the Scottish Ministers on: grant in aid for Scottish Enterprise; expenditure on committees, commissions and other portfolio services; industry and technology grants; energy-related activities; central government grants to local authorities; sundry enterprise-related activities; expenditure in relation to the running costs of the Office of the Chief Economic Adviser and the Office of the Chief Statistician; the Accountant in Bankruptcy; European Structural Fund grants to the Enterprise Networks, local authorities, further and higher education institutions, third sector bodies and other eligible bodies and organisations; costs of delivery and evaluation of European Structural Fund. 414,049,000 40,000,000 10. For use by the Scottish Ministers on: pensions, allowances, gratuities etc. payable in respect of the teachers' and national health service pension schemes. 4,568,545,000 2,200,000,000 11. For use by the Scottish Ministers on: operational and administrative costs; costs of providing services to the Scottish Parliament; costs associated with the functions of the Queen's Printer for Scotland. 192,847,000 18,100,000 12. Through the National Records of Scotland, for use by the Scottish Ministers, the Registrar General of Births, Deaths and Marriages for Scotland and the Keeper of the Records of Scotland on: operational and administrative costs (including costs associated with running the ScotlandsPeople Centre). 29,839,000 9,800,000 13. For use by the Lord Advocate, through the Crown Office and Procurator Fiscal Service (and the office of Queen's and Lord Treasurer's Remembrancer), on: operational and administrative costs; fees paid to temporary procurators fiscal; witness expenses; victim expenses where applicable; other costs associated with Crown prosecutions and cases brought under the Proceeds of Crime Act 2002; special payments made in relation to intestate estates which fall to the Crown as ultimate heir. 113,065,000 2,000,000 14. For use by the Scottish Courts and Tribunals Service on: operational and administrative costs. 108,624,000 45,000,000 15. For use by the Office of the Scottish Charity Regulator on: operational and administrative costs. 3,073,000 Nil 16. For use by the Scottish Housing Regulator on: operational and administrative costs. 4,040,000 Nil 17. For use by Revenue Scotland on: operational and administrative costs. 5,621,000 Nil 18. For use by Food Standards Scotland on: operational and administrative costs, including research, monitoring and surveillance and public information and awareness relating to food safety and standards. 15,868,000 4,000,000 19. For use by the Scottish Fiscal Commission on: operational and administrative costs. 1,670,000 Nil Total of amounts of resources: 39,561,043,000 6,103,600,000 SCHEDULE 2 DIRECT-FUNDED BODIES (introduced by section 2) Purpose Amount of resources other than accruing resources Amount of accruing resources £ £ 1. For use by the Forestry Commissioners in or as regards Scotland on: the promotion of forestry in Scotland, including advising on the development and delivery of forestry policy, regulating the forestry sector and supporting it through grants; managing the national forest estate in Scotland; administrative costs. 68,578,000 30,000,000 2. For use by the Scottish Parliamentary Corporate Body on: operational and administrative costs of the Scottish Parliament; payments in respect of the Commissioner for Ethical Standards in Public Life in Scotland, the Standards Commission for Scotland, the Scottish Public Services Ombudsman, the Scottish Information Commissioner, the Scottish Commission for Human Rights and the Commissioner for Children and Young People in Scotland; any other payments relating to the Scottish Parliament. 101,828,000 1,000,000 3. For use by Audit Scotland on: the exercise of its functions, including assistance and support to the Auditor General for Scotland and the Accounts Commission for Scotland; other audit work for public bodies; payment of pension to the former Auditor General for Scotland; payment of pensions to former Local Government Ombudsmen and their staff. 9,357,000 22,000,000 SCHEDULE 3 BORROWING BY STATUTORY BODIES (introduced by section 3) Enactment Amount £ 1. Section 25 of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise). 10,000,000 2. Section 26 of that Act (Highlands and Islands Enterprise). 1,000,000 3. Section 48 of the Environment Act 1995 (Scottish Environment Protection Agency). Nil 4. Section 42 of the Water Industry (Scotland) Act 2002 (Scottish Water). 166,700,000 5. Section 14 of the Water Services etc. (Scotland) Act 2005 (Scottish Water Business Stream Holdings Limited). Nil Words in sch. 1 table inserted (22.11.2017) by The Budget (Scotland) Act 2017 Amendment Regulations 2017 (S.S.I. 2017/399) , regs. 1(1) , 3(2) Word in sch. 1 table substituted (22.11.2017) by The Budget (Scotland) Act 2017 Amendment Regulations 2017 (S.S.I. 2017/399) , regs. 1(1) , 3(3)(j) Word in sch. 1 table substituted (22.11.2017) by The Budget (Scotland) Act 2017 Amendment Regulations 2017 (S.S.I. 2017/399) , regs. 1(1) , 3(3)(n) Word in s. 4(3)(a) substituted (22.11.2017) by The Budget (Scotland) Act 2017 Amendment Regulations 2017 (S.S.I. 2017/399) , regs. 1(1) , 2(b) Word in s. 4(2) substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , regs. 1(1) , 2(a) Word in s. 4(3)(b) substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , regs. 1(1) , 2(b) Pt. 2 repealed (29.3.2018) by Budget (Scotland) Act 2018 (asp 6) , ss. 8 , 10 Word in sch. 2 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 4(2)(a) Word in sch. 2 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 4(2)(b) Word in sch. 2 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 4(2)(c) Word in sch. 3 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 5 Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(a) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(b) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(c) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(d) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(e) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(f) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(g) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(h) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(i) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(j) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(k) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(l) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(m) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(n) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(o) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(p) Word in sch. 1 table substituted (29.3.2018) by The Budget (Scotland) Act 2017 Amendment Regulations 2018 (S.S.I. 2018/113) , reg. 3(2)(q)
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[uk-legislation-asp][asp] 2024-05-04 Abusive Behaviour and Sexual Harm (Scotland) Act 2016
http://www.legislation.gov.uk/asp/2016/22/2023-03-31
http://www.legislation.gov.uk/asp/2016/22/2023-03-31 Abusive Behaviour and Sexual Harm (Scotland) Act 2016 An Act of the Scottish Parliament to make provision about abusive behaviour; and to make provision about sexual harm including provision about directions to be given to juries in sexual offence cases and provision about orders to prevent future sexual harm. text text/xml en Statute Law Database 2023-05-22 Expert Participation 2023-03-31 Abusive Behaviour and Sexual Harm (Scotland) Act 2016 2016 asp 22 An Act of the Scottish Parliament to make provision about abusive behaviour; and to make provision about sexual harm including provision about directions to be given to juries in sexual offence cases and provision about orders to prevent future sexual harm. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 22nd March 2016 and received Royal Assent on 28th April 2016 PART 1 Abusive behaviour Abusive behaviour towards partner or ex-partner Aggravation of offence where abuse of partner or ex-partner 1 1 This subsection applies where it is— a libelled in an indictment or specified in a complaint that an offence is aggravated by involving abuse of the partner or ex-partner of the person committing it, and b proved that the offence is so aggravated. 2 An offence is aggravated as described in subsection (1)(a) if in committing the offence— a the person intends to cause the partner or ex-partner to suffer physical or psychological harm, or b in the case only of an offence committed against the partner or ex-partner, the person is reckless as to causing the partner or ex-partner to suffer physical or psychological harm. 3 It is immaterial for the purposes of subsection (2) that the offence does not in fact cause the partner or ex-partner physical or psychological harm. 4 Evidence from a single source is sufficient to prove that an offence is aggravated as described in subsection (1)(a). 5 Where subsection (1) applies, the court must— a state on conviction that the offence is aggravated as described in subsection (1)(a), b record the conviction in a way that shows that the offence is so aggravated, c take the aggravation into account in determining the appropriate sentence, and d state— i where the sentence imposed in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or ii otherwise, the reasons for there being no such difference. 6 For the purposes of this section, a person is a partner of another person if they are— a spouses or civil partners of each other, b living together as if spouses ... of each other, or c in an intimate personal relationship with each other, and the references to a person's ex-partner are to be construed accordingly. 7 In this section— “ cause ” includes contribute to causing (and “ causing ” is to be construed accordingly), “ psychological harm ” includes fear, alarm or distress. Presumption as to the relationship 1A 1 In proceedings for an offence that is aggravated as described in section 1(1)(a), the matter of a person being another person's partner or ex-partner is to be taken as established— a according to the stating of the matter in the charge of the offence in the complaint or indictment, and b unless the matter is challenged as provided for in subsection (2). 2 The matter is challenged— a in summary proceedings, by— i preliminary objection before the plea is recorded, or ii later objection as the court allows in special circumstances, b in proceedings on indictment, by giving notice of a preliminary objection in accordance with section 71(2) or 72(6)(b)(i) of the 1995 Act. Disclosure of an intimate photograph or film Disclosing, or threatening to disclose, an intimate photograph or film 2 1 A person (“A”) commits an offence if— a A discloses, or threatens to disclose, a photograph or film which shows, or appears to show, another person (“B”) in an intimate situation, b by doing so, A intends to cause B fear, alarm or distress or A is reckless as to whether B will be caused fear, alarm or distress, and c the photograph or film has not previously been disclosed to the public at large, or any section of the public, by B or with B's consent. 2 For the purposes of this section, a photograph or film is disclosed if it, or any data or other thing which is capable of being converted into it, is given, shown or made available to a person other than B. 3 In proceedings for an offence under subsection (1), A has a defence if any of the following facts is established— a B consented to the photograph or film being disclosed, b A reasonably believed that B consented to the photograph or film being disclosed, c A reasonably believed that disclosure of the photograph or film was necessary for the purposes of the prevention, detection, investigation or prosecution of crime, or d A reasonably believed that disclosure of the photograph or film was in the public interest. 4 For the purposes of subsection (3), consent to the photograph or film being disclosed may be— a consent which is specific to the particular disclosure or (as the case may be) the particular threatened disclosure, or b consent to disclosure generally where that consent covers the particular disclosure or (as the case may be) the particular threatened disclosure. 5 In proceedings for an offence under subsection (1), A has a defence if the following matter is established— a B was in the intimate situation shown in the photograph or film, b B was not in the intimate situation as a result of a deliberate act of another person to which B did not agree, and c when B was in the intimate situation— i B was in a place to which members of the public had access (whether or not on payment of a fee), and ii members of the public were present. 6 For the purposes of subsection (3), a fact is established, and for the purposes of subsection (5), the matter is established, if— a sufficient evidence is adduced to raise an issue as to whether that is the case, and b the prosecution does not prove beyond reasonable doubt that it is not the case. 7 A person who commits an offence under subsection (1) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). Interpretation of section 2 3 1 For the purposes of section 2, a person is in an “intimate situation” if— a the person is engaging or participating in, or present during, an act which— i a reasonable person would consider to be a sexual act, and ii is not of a kind ordinarily done in public, or b the person's genitals, buttocks or breasts are exposed or covered only with underwear. 2 In section 2— “ film ” means a moving image in any form, whether or not the image has been altered in any way, that was originally captured by making a recording, on any medium, from which a moving image may be produced, and includes a copy of the image, “ photograph ” means a still image in any form, whether or not the image has been altered in any way, that was originally captured by photography, and includes a copy of the image. Section 2: special provision in relation to providers of information society services 4 Schedule 1 makes special provision in connection with the operation of section 2 in relation to persons providing information society services (as defined in paragraph 4(1) of that schedule). Non-harassment orders Making of non-harassment orders in criminal cases 5 1 Section 234A of the 1995 Act is amended as follows. 2 For subsection (1), substitute— 1 This section applies where a person is— a convicted of an offence involving misconduct towards another person (“the victim”), b acquitted of such an offence by reason of the special defence set out in section 51A, or c found by a court to be unfit for trial under section 53F in respect of such an offence and the court determines that the person has done the act or made the omission constituting the offence. 1A The prosecutor may apply to the court to make (instead of or in addition to dealing with the person in any other way) a non-harassment order against the person. 1B A non-harassment order is an order requiring the person to refrain, for such period (including an indeterminate period) as may be specified in the order, from such conduct in relation to the victim as may be specified in the order. . 3 In subsection (2), for “(1)” substitute “ (1A) ” . 4 In subsection (2A)(a)— a in sub-paragraph (i), for “offender” substitute “ person against whom the order is sought ” , b in sub-paragraph (ii), for “offender” substitute “ person against whom the order is sought ” . 5 After subsection (2B), insert— 2BA The court may, for the purpose of subsection (2) above, have regard to any information given to it for that purpose by the prosecutor about any other offence involving misconduct towards the victim— a in respect of which the person against whom the order is sought was acquitted by reason of the special defence set out in section 51A, or b in respect of which the person against whom the order is sought was found by a court to be unfit for trial under section 53F and the court determined that the person had done the act or made the omission constituting the offence. . 6 In subsection (2C), for “offender” substitute “ person against whom the order is sought ” . 7 For subsection (3), substitute— 3 A non-harassment order made by a criminal court may be appealed against— a if the order was made in a case falling within subsection (1)(a) above, as if the order were a sentence, b if the order was made in a case falling within subsection (1)(b) or (c) above, as if the person had been convicted of the offence concerned and the order were a sentence passed on the person for the offence. 3A A variation or revocation of a non-harassment order made under subsection (6) below may be appealed against— a if the order was made in a case falling within subsection (1)(a) above, as if the variation or revocation were a sentence, b if the order was made in a case falling within subsection (1)(b) or (c) above, as if the person had been convicted of the offence concerned and the variation or revocation were a sentence passed on the person for the offence. . PART 2 Sexual harm CHAPTER 1 Jury directions relating to sexual offences Jury directions relating to sexual offences 6 In the 1995 Act, after section 288D insert— Jury directions relating to sexual offences Jury direction relating to lack of communication about offence 288DA 1 Subsection (2) applies where, in a trial on indictment for a sexual offence— a evidence is given which suggests that the person against whom the offence is alleged to have been committed— i did not tell, or delayed in telling, anyone, or a particular person, about the offence, or ii did not report, or delayed in reporting, the offence to any investigating agency, or a particular investigating agency, or b a question is asked, or a statement is made, with a view to eliciting, or drawing attention to, evidence of that nature. 2 In charging the jury, the judge must advise that— a there can be good reasons why a person against whom a sexual offence is committed may not tell others about it or report it to an investigating agency, or may delay in doing either of those things, and b this does not, therefore, necessarily indicate that an allegation is false. 3 Subsection (2) does not apply if the judge considers that, in the circumstances of the case, no reasonable jury could consider the evidence, question or statement by reason of which subsection (2) would otherwise apply to be material to the question of whether the alleged offence is proved. 4 For the purposes of this section— “ investigating agency ” means— a police force maintained for the area where the offence is alleged to have been committed, any other person who has functions (to any extent) of investigating crime in the area where the offence is alleged to have been committed, “ sexual offence ” has the same meaning as in section 210A, except that it does not include— an offence under section 170 of the Customs and Excise Management Act 1979, or an offence under section 52A of the Civic Government (Scotland) Act 1982. Jury direction relating to absence of physical resistance or physical force 288DB 1 Subsection (2) applies where, in a trial on indictment for a sexual offence— a evidence is given which suggests that the sexual activity took place without physical resistance on the part of the person against whom the offence is alleged to have been committed, or b a question is asked, or a statement is made, with a view to eliciting, or drawing attention to, evidence of that nature. 2 In charging the jury, the judge must advise that— a there can be good reasons why a person against whom a sexual offence is committed might not physically resist the sexual activity, and b an absence of physical resistance does not, therefore, necessarily indicate that an allegation is false. 3 Subsection (2) does not apply if the judge considers that, in the circumstances of the case, no reasonable jury could consider the evidence, question or statement by reason of which subsection (2) would otherwise apply to be material to the question of whether the alleged offence is proved. 4 Subsection (5) applies where, in a trial on indictment for a sexual offence— a evidence is given which suggests that the sexual activity took place without the accused using physical force to overcome the will of the person against whom the offence is alleged to have been committed, or b a question is asked, or a statement is made, with a view to eliciting, or drawing attention to, evidence of that nature. 5 In charging the jury, the judge must advise that— a there can be good reasons why a person may, in committing a sexual offence, not need to use physical force to overcome the will of the person against whom the offence is committed, and b an absence of physical force does not, therefore, necessarily indicate that an allegation is false. 6 Subsection (5) does not apply if the judge considers that, in the circumstances of the case, no reasonable jury could consider the evidence, question or statement by reason of which subsection (5) would otherwise apply to be material to the question of whether the alleged offence is proved. 7 For the purposes of this section— “ sexual activity ” means the sexual activity which is the subject of the alleged sexual offence, “ sexual offence ” means— rape (whether at common law or under section 1(1) of the Sexual Offences (Scotland) Act 2009), indecent assault, sodomy, clandestine injury to women, an offence under section 2 of the Sexual Offences (Scotland) Act 2009 (sexual assault by penetration), an offence under section 3 of that Act (sexual assault), an offence under section 4 of that Act (sexual coercion). . CHAPTER 2 Sexual acts outside Scotland Incitement to commit certain sexual acts elsewhere in the United Kingdom 7 1 Section 54 of the 2009 Act is amended as follows. 2 In subsection (1), for “the United Kingdom” substitute “ Scotland ” . 3 For subsection (2), substitute— 2 However— a a person who is not a habitual resident of Scotland commits an offence by virtue of subsection (1) in respect of relevant conduct intended to occur elsewhere in the United Kingdom only if, and b a person who is not a UK national commits an offence by virtue of subsection (1) in respect of relevant conduct intended to occur outside the United Kingdom only if, the condition in subsection (2A) is met. 2A That condition is that the relevant conduct would also involve the commission of an offence under the law in force in the country where the whole or any part of it was intended to take place. . 4 In subsection (3), for “(2)” substitute “ (2A) ” . 5 In subsection (4), for “(2)” substitute “ (2A) ” . 6 In subsection (8)–– a after the definition of “listed offence” insert— “ habitual resident of Scotland ” means an individual who was at the time the act mentioned in subsection (1) took place habitually resident in Scotland, , b in the definition of “UK national” omit “, or who has subsequently become”. 7 The title becomes “ Incitement to commit certain sexual acts outside Scotland ” . Commission of certain sexual offences elsewhere in the United Kingdom 8 After section 54 of the 2009 Act, insert— Offences committed outside Scotland 54A 1 If a person does an act elsewhere in the United Kingdom which would, if it had been done in Scotland, constitute a listed offence then the person commits that offence. 2 However, a person who is not a habitual resident of Scotland commits an offence by virtue of subsection (1) only if the act would also constitute an offence under the law in force in the country where it took place. 3 For the purposes of subsection (2), an act punishable under the law in force in the country is an offence under that law however it is described in that law. 4 The condition specified in subsection (2) is to be taken to be satisfied unless, not later than such time as may be prescribed by Act of Adjournal, the accused serves on the prosecutor a notice— a stating that, on the facts as alleged with respect to the act in question, the condition is not in the accused's opinion satisfied, b setting out the grounds for the accused's opinion, and c requiring the prosecutor to prove that the condition is satisfied. 5 But the court, if it thinks fit, may permit the accused to require the prosecutor to prove that the condition is satisfied without the prior service of a notice under that subsection. 6 In proceedings on indictment, the question whether the condition is satisfied is to be determined by the judge alone. 7 A person may be prosecuted, tried and punished for any offence to which this section applies— a in any sheriff court district in Scotland in which the person is apprehended or in custody, or b in such sheriff court district as the Lord Advocate may determine, as if the offence had been committed in that district; and the offence is, for all purposes incidental to or consequential on trial or punishment, to be deemed to have been committed in that district. 8 In this section— “ habitual resident of Scotland ” means an individual who was at the time the act mentioned in subsection (1) took place habitually resident in Scotland, “ listed offence ” means an offence listed in Part 2 of schedule 4, “ sheriff court district ” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995. Offence committed by virtue of section 54A(1): limitations on prosecution 54B 1 Subject to section 54C, this section applies in relation to a listed offence committed by a person by virtue of section 54A(1). 2 Prosecution in respect of the listed offence— a is not competent if the person has been, or is being, prosecuted in respect of the act constituting the listed offence, in the country where the act took place, and b is competent only if— i before the prosecution is initiated, the prosecutor has consulted the relevant director of public prosecutions about the prosecution, and ii the person is prosecuted, on the same indictment or complaint, in respect of an act in Scotland constituting a listed offence. 3 For the purposes of subsection (2)(a), a person is not to be regarded as having been prosecuted in respect of the act constituting the listed offence, in the country where the act took place, if a prosecution in that country was withdrawn in order to enable the prosecution of the person in Scotland. 4 For the purposes of subsection (2)(b)(i)–– a the prosecution is initiated when the indictment or complaint is served, b the relevant director of public prosecutions is— i in the case of an act which took place in England and Wales, the Director of Public Prosecutions (that is, the head of the Crown Prosecution Service), ii in the case of an act which took place in Northern Ireland, the Director of Public Prosecutions for Northern Ireland. 5 In this section, “ listed offence ” means an offence listed in Part 2 of schedule 4. Listed offence: limitations on prosecution if country not specified 54C 1 The indictment or complaint in which a listed offence is charged need not contain information from which the country in the United Kingdom in which the act constituting the listed offence took place can be determined. 2 If the indictment or complaint does not contain that information, prosecution in respect of the listed offence— a is not competent if the person charged with the offence has been, or is being, prosecuted, in respect of the act constituting the listed offence elsewhere in the United Kingdom, and b is competent only if the conditions in subsection (3) which are applicable in the case are met. 3 Those conditions are— a if it can be determined from the indictment or complaint that the act constituting the offence took place— i either in Scotland or in England and Wales, or ii either in Scotland or in Northern Ireland, that before the indictment or complaint was served, the prosecutor consulted the relevant director of public prosecutions about the prosecution, b if it can be determined from the indictment or complaint that the act constituting the offence took place either in England and Wales or in Northern Ireland but not in Scotland, that— i before the indictment or complaint was served, the prosecutor consulted both directors of public prosecutions about the prosecution, and ii the person is prosecuted, on the same indictment or complaint, in respect of an act in Scotland constituting a listed offence, c if neither paragraph (a) nor (b) applies, that before the indictment or complaint was served, the prosecutor consulted both directors of public prosecutions about the prosecution. 4 For the purposes of subsection (3)— a the relevant director of public prosecutions is— i in relation to subsection (3)(a)(i), the Director of Public Prosecutions (that is, the head of the Crown Prosecution Service), ii in relation to subsection (3)(a)(ii), the Director of Public Prosecutions for Northern Ireland, b the references to both directors of public prosecutions are to the Director of Public Prosecutions and the Director of Public Prosecutions for Northern Ireland. 5 For the purposes of subsection (2)(a), a person is not to be regarded as having been prosecuted in respect of the act constituting the listed offence, elsewhere in the United Kingdom, if a prosecution elsewhere in the United Kingdom was withdrawn in order to enable the prosecution of the person in Scotland. 6 In this section, “ listed offence ” means an offence listed in Part 2 of schedule 4. . Commission of certain sexual offences outside the United Kingdom 9 1 Section 55 of the 2009 Act is amended as follows. 2 After subsection (2), insert— 2A If— a a person who is not a UK national or a UK resident does an act in a country outside the United Kingdom which would, if it had been done in Scotland, constitute a listed offence, b the act constitutes an offence under the law in force in that country, and c the person meets the nationality or residence condition at the relevant time, proceedings may be brought against the person in Scotland for that listed offence as if the person had done the act there. 2B The person meets the nationality or residence condition at the relevant time if the person is a UK national or a UK resident at the time when the indictment or complaint is served on the person. . 3 In subsection (3), for “subsection (2)(b)” substitute “ subsections (2)(b) and (2A)(b) ” . 4 In subsection (4), after “(2)(b)” insert “ or (2A)(b) ” . 5 In subsection (8), for the definition of “UK national” substitute— “ UK national ” means an individual who was at the time the act mentioned in subsection (1) or (2A) took place— a a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, b a person who under the British Nationality Act 1981 is a British subject, or c a British protected person within the meaning of that Act, . 6 In subsection (8), in the definition of “UK resident”— a after “(2)” insert “ or (2A) ” , b omit “, or who has subsequently become”. CHAPTER 3 Sexual harm prevention orders Meaning of sexual harm Meaning of sexual harm 10 In this Chapter, “sexual harm”, from a person, means physical or psychological harm caused— a by the person committing one or more of the offences listed in schedule 3 of the 2003 Act, or b (in the context of harm outside the United Kingdom) by the person doing, outside the United Kingdom, anything which would constitute an offence listed in schedule 3 of the 2003 Act if done in the United Kingdom. Circumstances where sexual harm prevention order may be made Making of order on dealing with person for offence 11 1 This section applies where a person is— a convicted of an offence listed in schedule 3 of the 2003 Act, b acquitted of an offence listed in schedule 3 of the 2003 Act by reason of the special defence set out in section 51A of the 1995 Act, or c found by a court, in respect of an offence listed in schedule 3 of the 2003 Act, to be unfit for trial under section 53F of the 1995 Act and the court determines that the person has done the act or made the omission constituting the offence. 2 The court dealing with the person may (in addition to dealing with the person in any other way) make a sexual harm prevention order (see section 16(1)) against the person. 3 A court may make a sexual harm prevention order under this section— a at its own instance, or b on the motion of the prosecutor. 4 A court may make a sexual harm prevention order only if it is satisfied that it is necessary to do so, for the purpose of— a protecting the public, or any particular members of the public, from sexual harm from the person, or b protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the person outside the United Kingdom. 5 Before deciding whether to make a sexual harm prevention order under this section, a court must— a if subsection (6) applies, hold a hearing at which the person against whom the order would be made and the prosecutor may appear or be represented, b if subsection (6) does not apply, either— i hold a hearing at which the person against whom the order would be made and the prosecutor may appear or be represented, or ii give an opportunity to make written representations to the person against whom the order would be made and the prosecutor. 6 This subsection applies if, not later than rules of court may provide, the person against whom the order would be made gives notice to the court of a wish for a hearing to be held. Making of order against qualifying offender on application to sheriff 12 1 On the application of the chief constable, an appropriate sheriff may make a sexual harm prevention order (see section 16(1)) against a person. 2 An appropriate sheriff may make a sexual harm prevention order against a person only if satisfied that— a the person is a qualifying offender, and b the person's behaviour since the appropriate date makes it necessary to make such an order, for the purpose of— i protecting the public, or any particular members of the public, from sexual harm from the person, or ii protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the person outside the United Kingdom. 3 Before determining an application under this section, a sheriff must— a if subsection (4) applies, hold a hearing at which the person against whom the order is sought and the chief constable may appear or be represented, b if subsection (4) does not apply, either— i hold a hearing at which the person against whom the order is sought and the chief constable may appear or be represented, or ii give an opportunity to make written representations to the person against whom the order is sought and the chief constable. 4 This subsection applies if, not later than rules of court may provide, the person against whom the order is sought gives notice to the sheriff of a wish for a hearing to be held. 5 In this section— “ appropriate date ”, in relation to a qualifying offender, means the date or, as the case may be, the first date on which the person was convicted, cautioned or the subject of a finding as mentioned in sections 13, 14 and 15, “ appropriate sheriff ” means— a sheriff in whose sheriffdom the person resides, a sheriff in whose sheriffdom the person is believed by the chief constable to be, a sheriff to whose sheriffdom the person is believed by the chief constable to be intending to come, or a sheriff whose sheriffdom includes any place where it is alleged that the person acted in a way giving reasonable cause to believe that it is necessary for a sexual harm prevention order to be made, “ qualifying offender ” means a person to whom section 13, 14 or 15 applies. Qualifying offender: conviction etc. in Scotland 13 1 This section applies to a person if the person has, whether before or after this Chapter comes into force— a been convicted of an offence listed in paragraphs 36 to 60 of schedule 3 of the 2003 Act, or b been the subject, in respect of such an offence, of any of the following— i acquittal by reason of the special defence set out in section 51A of the 1995 Act, ii acquittal by reason of insanity, iii a finding by a court of being unfit for trial under section 53F of the 1995 Act and the court determining that the person has done the act or made the omission constituting the offence, iv a finding by a court that the person is under a disability and did the act or made the omission charged. 2 This section also applies to a person if— a before 1 May 2004, the person was in Scotland— i convicted of an offence other than an offence listed in paragraphs 36 to 59 of schedule 3 of the 2003 Act, ii found not guilty of such an offence by reason of insanity, or iii found by a court, in respect of such an offence, to be under a disability and to have done the act or made the omission charged, and b the sheriff who is considering the application for the sexual harm prevention order is satisfied that there was a significant sexual aspect to the person's behaviour in committing the offence. Qualifying offender: conviction etc. elsewhere in United Kingdom 14 This section applies to a person if the person has, whether before or after this Chapter comes into force, in England and Wales or Northern Ireland— a been convicted of an offence listed in schedule 3 or schedule 5 of the 2003 Act, b been found not guilty of such an offence by reason of insanity, c been found by a court, in respect of such an offence, to be under a disability and to have done the act or made the omission charged, or d been cautioned in respect of such an offence following an admission of it. Qualifying offender: conviction etc. outside United Kingdom 15 1 This section applies to a person if, whether before or after this Chapter comes into force, under the law in force in a country outside the United Kingdom— a the person has been convicted of an equivalent offence (whether or not the person has been punished for it), b a court exercising jurisdiction under that law has made in respect of an equivalent offence a finding equivalent to a finding that the person is not guilty by reason of insanity, c such a court has made in respect of an equivalent offence a finding equivalent to a finding that, in respect of the offence, the person is under a disability and has done the act or made the omission charged, or d the person has been cautioned, or received another type of warning equivalent to a caution in England and Wales or Northern Ireland, in respect of an equivalent offence following an admission of it. 2 In subsection (1), “ equivalent offence ” means an act or omission which, at the time it was done or made— a constituted an offence under the law in force in the country concerned, and b would have constituted an offence listed in schedule 3 (other than at paragraph 60) or schedule 5 of the 2003 Act if it had been done or made in any part of the United Kingdom. 3 For the purposes of subsection (2), an act or omission punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law. 4 In relation to an application under section 12 where subsection (1) is alleged to apply, subsection (2)(b) is to be taken to be satisfied unless— a not later than rules of court may provide, the person against whom the order is sought (“ the respondent ”) serves on the chief constable a notice— i stating that, on the facts as alleged with respect to the act or omission concerned, it is not in the respondent's opinion satisfied, ii setting out the respondent's grounds for that opinion, and iii requiring the chief constable to prove that it is satisfied, or b the court permits the respondent to require the chief constable to prove that subsection (2)(b) is satisfied without service of such a notice. What order does Content and duration of order 16 1 A sexual harm prevention order is an order prohibiting the person against whom it is made from doing, or requiring the person to do, a thing or things described in the order. 2 A prohibition or requirement contained in a sexual harm prevention order applies throughout the United Kingdom (unless expressly confined to particular localities). 3 A prohibition or requirement contained in a sexual harm prevention order has effect for a fixed period, specified in the order, of not less than 5 years. 4 Different periods may be provided for different prohibitions or requirements. 5 Subsection (3) is subject, in the case of a prohibition on foreign travel, to subsection (1) of section 17. 6 The prohibitions and requirements which may be imposed in a sexual harm prevention order are those necessary for the purpose of— a protecting the public, or any particular members of the public, from sexual harm from the person against whom the order is made, or b protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the person against whom the order is made outside the United Kingdom. 7 Where a court makes a sexual harm prevention order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect. 8 A sexual harm prevention order ceases to have effect, if it has not already done so, when all of the prohibitions or requirements contained in it have ceased to have effect. Prohibitions on foreign travel 17 1 A prohibition on foreign travel contained in a sexual harm prevention order must be for a fixed period of not more than 5 years. 2 A “ prohibition on foreign travel ” means— a a prohibition on travelling to any country outside the United Kingdom named or described in the order, b a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or c a prohibition on travelling to any country outside the United Kingdom. 3 Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 20. 4 A sexual harm prevention order that contains a prohibition within subsection (2)(c) must require the person who is subject to the order to surrender all of the person's passports at a police station specified in the order— a on or before the date when the prohibition takes effect, or b within a period specified in the order. 5 In this section, “ passport ” means— a a United Kingdom passport within the meaning of the Immigration Act 1971, b a passport issued by or on behalf of the authorities of another country, c a passport issued by or on behalf of an international organisation, d a document that can be used (in some or all circumstances) instead of a passport. 6 Any passports surrendered in accordance with the requirement must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual harm prevention order containing such a prohibition (unless the person is subject to an equivalent prohibition under another order). 7 Subsection (6) does not apply in relation to— a a passport issued by or on behalf of the authorities of another country if the passport has been returned to those authorities, b a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation. Interaction with notification requirements Application of notification requirements where order made 18 1 This section applies to a person against whom a sexual harm prevention order is made. 2 Where the person— a was a relevant offender immediately before this section applied to the person, and b would (apart from this subsection and sections 88F and 88G of the 2003 Act) cease to be subject to the notification requirements of Part 2 of the 2003 Act while the order has effect, the person remains subject to the notification requirements while the order has effect. 3 Where the person was not a relevant offender immediately before this section applied to the person— a the person, by virtue of this section, becomes subject to the notification requirements of Part 2 of the 2003 Act from the time this section first applies to the person and remains so subject until the order ceases to have effect, and b that Part of that Act applies to the person subject to the modification set out in subsection (4). 4 The “relevant date” is the date of service of the order. 5 In this section, “ relevant offender ” has the meaning given by section 80(2) of the 2003 Act. Cessation of order: relevant sexual offenders 19 1 This section applies where— a a sexual harm prevention order is in effect in relation to a relevant sexual offender, and b by virtue of section 88F or 88G of the 2003 Act, the relevant sexual offender ceases to be subject to the notification requirements of Part 2 of the 2003 Act. 2 The sexual harm prevention order ceases to have effect. 3 For the purposes of this section, a person is a “relevant sexual offender” if the person falls within section 88A(1)(a) or (b) of the 2003 Act. Variation, renewal and discharge Variation, renewal and discharge 20 1 On the application of a person mentioned in subsection (2), the appropriate court may make an order varying, renewing or discharging a sexual harm prevention order. 2 The persons are— a the person against whom the order has effect (“the subject”), b the chief constable, c in the case only of an order made under section 11, the prosecutor. 3 In subsection (1), the “ appropriate court ” means— a where the order was made under section 11 by the High Court of Justiciary, that court, b where the order was made under section 11 in the sheriff court— i a sheriff exercising criminal jurisdiction in the sheriffdom in which the subject resides, or ii if the subject does not reside in a sheriffdom, any sheriff exercising criminal jurisdiction in the sheriffdom of the sheriff who made the order, c where the order was made under section 12, an appropriate sheriff. 4 In subsection (3)(c), an “ appropriate sheriff ” means— a the sheriff who made the order, b another sheriff of the same sheriffdom, c a sheriff in whose sheriffdom the subject resides, or d where the application is made by the chief constable— i a sheriff in whose sheriffdom the subject is believed by the chief constable to be, or ii a sheriff to whose sheriffdom the subject is believed by the chief constable to be intending to come. 5 A sexual harm prevention order may be renewed, or varied so as to impose an additional prohibition or requirement on the subject, only if it is necessary to do so for the purpose of— a protecting the public, or any particular members of the public, from sexual harm from the subject, or b protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the subject outside the United Kingdom, and any renewed or varied order may contain only such prohibitions and requirements as are necessary for one or other of these purposes. 6 A sexual harm prevention order may be discharged, or varied so as to remove a prohibition or requirement, only if the order or, as the case may be, prohibition or requirement, is no longer necessary for the purpose of— a protecting the public, or any particular members of the public, from sexual harm from the subject, or b protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the subject outside the United Kingdom. 7 Before determining an application under this section, a court must–– a if subsection (8) applies, hold a hearing at which the subject and the chief constable, and in the case of an order made under section 11, the prosecutor, may appear or be represented, b if subsection (8) does not apply, either— i hold a hearing at which the subject and the chief constable, and in the case of an order made under section 11, the prosecutor, may appear or be represented, or ii give an opportunity to make written representations to the subject and the chief constable and, in the case of an order made under section 11, the prosecutor. 8 This subsection applies if, not later than rules of court may provide, the subject or the chief constable, or, in the case of an order made under section 11, the prosecutor, gives notice to the court of a wish for a hearing to be held. 9 In subsections (7) and (8), “ court ” includes “sheriff” (except in “rules of court”). Interim orders Interim orders 21 1 On the application of the chief constable, an appropriate sheriff may make an interim sexual harm prevention order against a person in respect of whom the chief constable is applying for an order under section 12. 2 An interim sexual harm prevention order may be made if the sheriff considers it just to do so. 3 An interim sexual harm prevention order is an order prohibiting the person against whom it is made from doing, or requiring that person to do, a thing or things described in the order. 4 A prohibition or requirement contained in an interim sexual harm prevention order applies throughout the United Kingdom (unless expressly confined to particular localities). 5 A prohibition or requirement contained in an interim sexual harm prevention order has effect for a fixed period, specified in the order. 6 Different periods may be provided for different prohibitions or requirements. 7 An application for an interim sexual harm prevention order— a may be made in the application for an order under section 12 to which it relates, or b if the application for that order has been made, may be made in such way as rules of court may provide. 8 Section 18 applies to a person against whom an interim sexual harm prevention order is made as it applies to a person against whom a sexual harm prevention order is made. 9 An interim sexual harm prevention order ceases to have effect, if it has not already done so, when either of the following events occurs— a the related application for an order under section 12 is determined, or b all of the prohibitions or requirements contained in it have ceased to have effect. 10 On the application of a person mentioned in subsection (11), an appropriate sheriff may vary, renew or discharge an interim sexual harm prevention order. 11 Those persons are— a the person against whom the interim sexual harm prevention order has effect, b the chief constable. 12 In this section, an “ appropriate sheriff ” means— a the sheriff to whom the related application for an order under section 12 is made, or b another sheriff of the same sheriffdom. Appeals Appeals 22 1 An order made under section 11, and any order granting or refusing a variation, renewal or discharge of such an order may be appealed against as if the order were a sentence. 2 On such an appeal, the court hearing the appeal may suspend the order appealed against pending the disposal of the appeal. 3 An order under section 11 made on appeal is to be regarded for the purposes of section 20(3) as having been made by the court which dealt with the question of whether an order under that section should be made at first instance. 4 A decision of a sheriff mentioned in subsection (5) may be appealed against as if it were a decision constituting final judgment in civil proceedings within the meaning of the 2014 Act. 5 A decision to— a make, or refuse to make, an order under section 12 or 21, b vary, renew or discharge, or refuse to vary, renew or discharge, an order made under either of those sections. 6 An order under section 12 made on appeal is to be regarded for the purposes of section 20(3) as having been made by the sheriff who determined the application for the order at first instance. Requirement to serve order Requirement for clerk of court to serve order 23 1 Where a court makes, varies or renews a sexual harm prevention order or an interim sexual harm prevention order, the clerk of the court must serve a copy of the order as made, varied or renewed (as the case may be) on the person against whom the order has effect. 2 Where a court discharges a sexual harm prevention order or an interim sexual harm prevention order, the clerk of the court must serve a copy of the order effecting the discharge on the person against whom the order had effect. 3 In this section, “ court ” includes “sheriff”. Enforcement Offence of breaching order 24 1 A person commits an offence if, without reasonable excuse, the person— a does something which the person is prohibited from doing, or b fails to do something which the person is required to do, by a sexual harm prevention order or an interim sexual harm prevention order. 2 A person who commits an offence under subsection (1) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). 3 Where a person is convicted of an offence under subsection (1), it is not open to the court by or before which the person is convicted— a to make a community payback order in respect of the offence, or b to dispose of the matter by— i dismissing the person with an admonition, or ii discharging the person absolutely. 4 A person may be prosecuted, tried and punished for an offence under subsection (1) of failing to comply with a prohibition on foreign travel— a in any sheriff court district in which the person is apprehended or in custody, or b in such sheriff court district as the Lord Advocate may determine, as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district). Interpretation Interpretation of Chapter 25 1 In this Chapter— “ vulnerable adult ” means a person who is 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age, or otherwise, “ the chief constable ” means the chief constable of the Police Service of Scotland, “ child ” means a person under 18, “ interim sexual harm prevention order ” means (except in section 21(1) to (3)) an order made under section 21, “ prohibition on foreign travel ” has the meaning given by section 17(2), “ the public ” means the public in the United Kingdom, “ sexual harm prevention order ” means (except in sections 11, 12 and 16(1)) an order made under section 11 or 12. 2 Subsection (3) applies for the purposes of sections 11 to 15. 3 In construing any reference to an offence listed in schedule 3 of the 2003 Act, any condition subject to which an offence is so listed that relates— a to the way in which a person is dealt with in respect of the offence or a relevant finding (within the meaning of section 132(9) of the 2003 Act) in relation to the offence, or b to the age of any person, is to be disregarded. CHAPTER 4 Sexual risk orders Meaning of harm Meaning of harm 26 In this Chapter, “harm”, from a person, means physical or psychological harm caused by the person doing an act of a sexual nature. Making of order Making of order 27 1 On the application of the chief constable, an appropriate sheriff may make a sexual risk order (see section 28(1)) against a person (“ the respondent ”). 2 An appropriate sheriff may make a sexual risk order only if satisfied that the respondent has (whether before or after this Chapter comes into force) done an act of a sexual nature as a result of which it is necessary to make such an order for the purpose of— a protecting the public, or any particular members of the public, from harm from the respondent, or b protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the respondent outside the United Kingdom. 3 In this section, an “ appropriate sheriff ” means— a a sheriff in whose sheriffdom the respondent resides, b a sheriff in whose sheriffdom the respondent is believed by the chief constable to be, c a sheriff to whose sheriffdom the respondent is believed by the chief constable to be intending to come, or d a sheriff whose sheriffdom includes any place where it is alleged that the respondent did an act of a sexual nature giving rise to reasonable cause to believe that it is necessary for a sexual risk order to be made. 4 Before determining an application under this section, a sheriff must— a if subsection (5) applies, hold a hearing at which the respondent and the chief constable may appear or be represented, b if subsection (5) does not apply, either— i hold a hearing at which the respondent and the chief constable may appear or be represented, or ii give an opportunity to make written representations to the respondent and the chief constable. 5 This subsection applies if, not later than rules of court may provide, the respondent gives notice to the sheriff of a wish for a hearing to be held. What order does Content and duration of order 28 1 A sexual risk order is an order prohibiting the person against whom it is made from doing, or requiring the person to do, a thing or things described in the order. 2 A prohibition or requirement contained in a sexual risk order applies throughout the United Kingdom (unless expressly confined to particular localities). 3 A prohibition or requirement in a sexual risk order has effect for a fixed period, specified in the order, of not less than 2 years. 4 Different periods may be provided for different prohibitions or requirements. 5 The prohibitions and requirements which may be imposed in a sexual risk order are those necessary for the purpose of— a protecting the public, or any particular members of the public, from harm from the respondent, or b protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the respondent outside the United Kingdom. 6 Where a sheriff makes a sexual risk order in relation to a person already subject to such an order (whether made by that sheriff or another), the earlier order ceases to have effect. 7 A sexual risk order ceases to have effect, if it has not already done so, when all of the prohibitions or requirements in it have ceased to have effect. Prohibitions on foreign travel 29 1 A prohibition on foreign travel contained in a sexual risk order must not be for a period of more than 5 years. 2 A “ prohibition on foreign travel ” means— a a prohibition on travelling to any country outside the United Kingdom named or described in the order, b a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or c a prohibition on travelling to any country outside the United Kingdom. 3 Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 30. 4 A sexual risk order that contains a prohibition within subsection (2)(c) must require the person who is subject to the order to surrender all of the person's passports at a police station specified in the order— a on or before the date when the prohibition takes effect, or b within a period specified in the order. 5 In this section, “ passport ” means— a a United Kingdom passport within the meaning of the Immigration Act 1971, b a passport issued by or on behalf of the authorities of another country, c a passport issued by or on behalf of an international organisation, d a document that can be used (in some or all circumstances) instead of a passport. 6 Any passports surrendered in accordance with the requirement must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual risk order containing such a prohibition (unless the person is subject to an equivalent prohibition under another order). 7 Subsection (6) does not apply in relation to— a a passport issued by or on behalf of the authorities of another country if the passport has been returned to those authorities, b a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation. Variation, renewal and discharge Variation, renewal and discharge 30 1 On the application of a person mentioned in subsection (2), an appropriate sheriff may make an order varying, renewing or discharging a sexual risk order. 2 The persons are— a the person against whom the order has effect (“the subject”), b the chief constable. 3 In subsection (1), an “ appropriate sheriff ” means— a the sheriff who made the sexual risk order, b another sheriff of the same sheriffdom, c a sheriff in whose sheriffdom the subject resides, or d where the application is made by the chief constable— i a sheriff in whose sheriffdom the subject is believed by the chief constable to be, or ii a sheriff to whose sheriffdom the subject is believed by the chief constable to be intending to come. 4 A sexual risk order may be renewed, or varied so as to impose an additional prohibition or requirement on the subject, only if it is necessary to do so for the purpose of— a protecting the public, or any particular members of the public, from harm from the subject, or b protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the subject outside the United Kingdom, and any renewed or varied order may contain only such prohibitions and requirements as are necessary for one or other of these purposes. 5 A sexual risk order may be discharged, or varied so as to remove a prohibition or requirement, only if the order or, as the case may be, prohibition or requirement, is no longer necessary for the purpose of— a protecting the public, or any particular members of the public, from harm from the subject, or b protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the subject outside the United Kingdom. 6 Before determining an application under this section, a sheriff must–– a if subsection (7) applies, hold a hearing at which the subject and the chief constable may appear or be represented, b if subsection (7) does not apply, either— i hold a hearing at which the subject and the chief constable may appear or be represented, or ii give an opportunity to make written representations to the subject and the chief constable. 7 This subsection applies if, not later than rules of court may provide, the subject or the chief constable gives notice to the sheriff of a wish for a hearing to be held. Interim orders Interim orders 31 1 On the application of the chief constable, an appropriate sheriff may make an interim sexual risk order against a person in respect of whom the chief constable is applying for an order under section 27. 2 An interim sexual risk order may be made if the sheriff–– a considers that there is a prima facie case that the person has done an (or, as the case may be, the) act of a sexual nature which is being relied on for the purposes of subsection (2) of section 27 in relation to the application for an order under that section, and b considers it just to make an interim sexual risk order. 3 An interim sexual risk order is an order prohibiting the person against whom it is made from doing, or requiring that person to do, a thing or things described in the order. 4 A prohibition or requirement contained in an interim sexual risk order applies throughout the United Kingdom (unless expressly confined to particular localities). 5 A prohibition or requirement contained in an interim sexual risk order has effect for a fixed period, specified in the order. 6 Different periods may be provided for different prohibitions or requirements. 7 An application for an interim sexual risk order— a may be made in the application for an order under section 27 to which it relates, or b if the application for that order has been made, may be made in such way as rules of court may provide. 8 An interim sexual risk order ceases to have effect, if it has not already done so, when either of the following events occurs— a the related application for an order under section 27 is determined, or b all of the prohibitions or requirements contained in it have ceased to have effect. 9 On the application of a person mentioned in subsection (10), an appropriate sheriff may vary, renew or discharge an interim sexual risk order. 10 Those persons are— a the person against whom the interim sexual risk order has effect, b the chief constable. 11 In this section, an “ appropriate sheriff ” means— a the sheriff to whom the related application for an order under section 27 is made, or b another sheriff of the same sheriffdom. Appeals Appeals 32 1 A decision of a sheriff mentioned in subsection (2) may be appealed against as if it were a decision constituting final judgment in civil proceedings within the meaning of the 2014 Act. 2 A decision to— a make, or refuse to make, an order under section 27 or 31, b vary, renew or discharge, or refuse to vary, renew or discharge, an order made under either of those sections. 3 An order under section 27 made on appeal is to be regarded for the purposes of section 30(1) as having been made by the sheriff who determined the application for the order at first instance. Requirement to serve order Requirement for clerk of court to serve order 33 1 Where a court makes, varies or renews a sexual risk order or an interim sexual risk order, the clerk of the court must serve a copy of the order as made, varied or renewed (as the case may be) on the person against whom the order has effect. 2 Where a court discharges a sexual risk order or an interim sexual risk order, the clerk of the court must serve a copy of the order effecting the discharge on the person against whom the order had effect. 3 In this section, “ court ” includes “sheriff”. Enforcement Offence of breaching order 34 1 A person commits an offence if, without reasonable excuse, the person— a does something which the person is prohibited from doing, or b fails to do something which the person is required to do, by a sexual risk order or an interim sexual risk order. 2 A person who commits an offence under subsection (1) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). 3 Where a person is convicted of an offence under subsection (1), it is not open to the court by or before which the person is convicted— a to make a community payback order in respect of the offence, or b to dispose of the matter by— i dismissing the person with an admonition, or ii discharging the person absolutely. 4 A person may be prosecuted, tried and punished for an offence under subsection (1) of failing to comply with a prohibition on foreign travel— a in any sheriff court district in which the person is apprehended or in custody, or b in such sheriff court district as the Lord Advocate may determine, as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district). Application of notification requirements on breach of order 35 1 This section applies to a person who— a is convicted of an offence under section 34, b is acquitted of such an offence by reason of the special defence set out in section 51A of the 1995 Act, or c is found, in respect of such an offence, to be unfit for trial under section 53F of the 1995 Act and the court determines that the person has done the act or made the omission constituting the offence. 2 Where the person— a was a relevant offender immediately before this section applied to the person, and b would (apart from this subsection) cease to be subject to the notification requirements of Part 2 of the 2003 Act while the relevant order has effect, the person remains subject to those notification requirements while the relevant order has effect. 3 Where the person was not a relevant offender immediately before this section applied to the person— a the person, by virtue of this section, becomes subject to the notification requirements of Part 2 of the 2003 Act from the time this section first applies to the person and remains so subject until the relevant order ceases to have effect, and b that Part of that Act applies to the person subject to the modification set out in subsection (4). 4 The “relevant date” is the date on which this section first applies to the person. 5 In this section— “ relevant offender ” has the meaning given by section 80(2) of the 2003 Act, “ relevant order ” means— where the conviction, finding or acquittal by virtue of which this section applies to the person is in respect of a breach of a sexual risk order, that order, where the conviction, finding or acquittal by virtue of which this section applies to the person is in respect of an interim sexual risk order— any sexual risk order made on the hearing of the application to which the interim order relates, or if no such order is made, the interim order. Interpretation Interpretation of Chapter 36 In this Chapter–– “ vulnerable adult ” means a person who is 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through mental or physical disability or illness, through old age, or otherwise, “ the chief constable ” means the chief constable of the Police Service of Scotland, “ child ” means a person under 18, “ interim sexual risk order ” means (except in section 31(1) to (3)) an order made under section 31, “ prohibition on foreign travel ” has the meaning given by section 29(2), “ the public ” means the public in the United Kingdom, “ sexual risk order ” means (except in sections 27 and 28(1)) an order made under section 27. CHAPTER 5 Equivalent orders elsewhere in United Kingdom Breach of orders equivalent to orders in Chapters 3 and 4: offence 37 1 A person commits an offence if, without reasonable excuse, the person does something which the person is prohibited from doing by an equivalent order from elsewhere in the United Kingdom. 1A A person commits an offence if, without reasonable excuse, the person fails to do something which the person is required to do by an equivalent order from elsewhere in the United Kingdom. 2 A person who commits an offence under subsection (1) or (1A) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). 3 Where a person is convicted of an offence under subsection (1) or (1A) , it is not open to the court by or before which the person is convicted— a to make a community payback order in respect of the offence, or b to dispose of the matter by— i dismissing the person with an admonition, or ii discharging the person absolutely. 4 For the purposes of this section, prohibitions or requirements imposed by an equivalent order from elsewhere in the United Kingdom apply, unless expressly confined to particular localities, to every part of the United Kingdom. 5 In this section, “ equivalent order from elsewhere in the United Kingdom ” means— a a sexual harm prevention order made under section 103A of the 2003 Act or Chapter 2 of Part 11 of the Sentencing Code , b an interim sexual harm prevention order made under section 103F of the 2003 Act, c a sexual risk order made under section 122A of the 2003 Act, d an interim sexual risk order made under section 122E of the 2003 Act, e a sexual offences prevention order made under section 104 of the 2003 Act (but excluding such an order made in Scotland), f an interim sexual offences prevention order made under section 109 of the 2003 Act (but excluding such an order made in Scotland), g a foreign travel order made under section 114 of the 2003 Act (but excluding such an order made in Scotland), h a risk of sexual harm order made under section 123 of the 2003 Act, i an interim risk of sexual harm order made under section 126 of the 2003 Act, j a restraining order made under section 5A of the Sex Offenders Act 1997, k a sex offender order made under section 2 of the Crime and Disorder Act 1998. Breach of certain equivalent orders: application of notification requirements 38 1 This section applies to a person who— a is convicted of an offence under section 37 in respect of a breach of an order under section 122A, 122E, 123 or 126 of the 2003 Act, b is acquitted of such an offence by reason of the special defence set out in section 51A of the 1995 Act, or c is found, in respect of such an offence, to be unfit for trial under section 53F of the 1995 Act and the court determines that the person has done the act constituting the offence. 2 This section also applies to a person who— a is convicted of an offence under section 122H or 128 of the 2003 Act, b is found not guilty of such an offence by reason of insanity, c is found, in respect of such an offence, to be under a disability and to have done the act charged in respect of the offence, or d is cautioned in respect of such an offence following an admission of it. 3 Where the person— a was a relevant offender immediately before this section applied to the person, and b would (apart from this subsection) cease to be subject to the notification requirements of Part 2 of the 2003 Act while the relevant order has effect, the person remains subject to those notification requirements while the relevant order has effect. 4 Where the person was not a relevant offender immediately before this section applied to the person— a the person, by virtue of this section, becomes subject to the notification requirements of Part 2 of the 2003 Act from the time this section first applies to the person and remains so subject until the relevant order ceases to have effect, and b that Part of that Act applies to the person subject to the modification set out in subsection (5). 5 The “relevant date” is the date on which this section first applies to the person. 6 In this section, “ relevant order ” means— a where the conviction, finding, acquittal or caution by virtue of which this section applies to the person is in respect of a breach of an order under section 122A or 123 of the 2003 Act, that order, b where the conviction, finding, acquittal or caution by virtue of which this section applies to the person is in respect of an order under section 122E or 126 of the 2003 Act— i any order under section 122A or 123 of the 2003 Act made on the hearing of the application to which the order under section 122E or 126 of the 2003 Act relates, or ii if no such order is made, the order under section 122E or 126 of the 2003 Act. CHAPTER 6 Previous orders Repeals of provisions as to previous orders 39 1 The following provisions of the 2003 Act (which make provision as to sexual offences prevention orders and foreign travel orders) are repealed— a sections 104 to 109, b sections 110 to 117, c section 117B, d section 118, e sections 120 to 122. 2 Sections 2 to 8 of the 2005 Act (which make provision as to risk of sexual harm orders) are repealed. Saving and transitional provision 40 1 In this section— “ existing order ” means— a sexual offences prevention order under section 104 or 105 of the 2003 Act, a foreign travel order under section 114 of the 2003 Act, a risk of sexual harm order under section 2 of the 2005 Act, an interim sexual offences prevention order under section 109 of the 2003 Act, an interim risk of sexual harm order under section 5 of the 2005 Act, “ old order ” means an order made under section 20 of the Crime and Disorder Act 1998. 2 The repeals made by section 39 do not apply in relation to— a an application for an existing order made before this section comes into force, b an existing order applied for before then (and whether made before or after then), c anything done in connection with such an application or order. 3 But— a as from when this section comes into force, there may be no variation of an existing order that extends the period of the order or any of its provisions, b as from the end of the period of 5 years beginning with when this section comes into force, the relevant sections of this Act apply, with any necessary modifications, in relation to any existing order that is still in force as if the provisions of the order were provisions of a corresponding new order. 4 In subsection (3)(b)— a “ corresponding new order ” means— in the case of a sexual offences prevention order, a sexual harm prevention order, in the case of a foreign travel order, a sexual harm prevention order containing a prohibition on foreign travel (as defined in section 17(2)), in the case of a risk of sexual harm order, a sexual risk order made under section 27, in the case of an interim sexual offences prevention order, an interim sexual harm prevention order made under section 21, in the case of an interim risk of sexual harm order, an interim sexual risk order made under section 31, the “ relevant sections of this Act ” means— in the case of a sexual offences prevention order, sections 19, 20 and 24, in the case of a foreign travel order, sections 20 and 24, in the case of a risk of sexual harm order, sections 30 and 34, in the case of an interim sexual offences prevention order, sections 21(10) to (12) and 24, in the case of an interim risk of sexual harm order, sections 31(9) to (11) and 34. 5 Sections 20 and 24 apply to an old order as they apply to a sexual harm prevention order. 6 In this section, “ sexual harm prevention order ” means an order made under section 11 or 12. PART 3 General Interpretation 41 In this Act— “ the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995, “ the 2003 Act ” means the Sexual Offences Act 2003, “ the 2005 Act ” means the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, “ the 2009 Act ” means the Sexual Offences (Scotland) Act 2009, “ the 2014 Act ” means the Courts Reform (Scotland) Act 2014. Ancillary provision 42 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with, or for giving full effect to, this Act. 2 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under subsection (1)— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of this or any other Act, b otherwise, are subject to the negative procedure. Minor and consequential modifications 43 Schedule 2 makes minor and consequential modifications of other enactments. Crown application 44 1 No contravention by the Crown of any provision of, or made 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 which constitutes such a contravention. 3 Despite subsection (1), any provision of, or made under, this Act applies to persons in the public service of the Crown as it applies to other persons. Commencement 45 1 Sections 42, 44 and 46, and this section, come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a appoint different days for different purposes, b include transitional, transitory or saving provision. Short title 46 The short title of this Act is the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. SCHEDULE 1 SECTION 2: SPECIAL PROVISION IN RELATION TO PROVIDERS OF INFORMATION SOCIETY SERVICES (introduced by section 4) Exceptions for mere conduits 1 1 A service provider is not capable of being guilty of an offence under section 2 in respect of anything done in the course of providing so much of an information society service as consists in— a the provision of access to a communication network, or b the transmission in a communication network of information provided by a recipient of the service, if the transmission condition is satisfied. 2 The transmission condition is satisfied if the service provider does not— a initiate the transmission, b select the recipient of the transmission, or c select or modify the information contained in the transmission. 3 For the purposes of sub-paragraph (1)— a the provision of access to a communication network, and b the transmission of information in a communication network, includes the automatic, intermediate and transient storage of the information transmitted as far as the storage is solely for the purpose of carrying out the transmission in the network. 4 Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission. Exception for caching 2 1 This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service. 2 The service provider is not capable of being guilty of an offence under section 2 in respect of the automatic, intermediate and temporary storage of information so provided, if— a the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and b the condition in sub-paragraph (3) is satisfied. 3 The condition is that the service provider— a does not modify the information, b complies with any conditions attached to having access to the information, and c where sub-paragraph (4) applies, expeditiously removes the information or disables access to it. 4 This sub-paragraph applies if the service provider obtains actual knowledge that— a the information at the initial source of transmission has been removed from the network, b access to it has been disabled, or c a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. Exception for hosting 3 1 A service provider is not capable of being guilty of an offence under section 2 in respect of anything done in the course of providing so much of an information society service as consists of the storage of information provided by a recipient of the service, if sub-paragraph (2) or (3) is satisfied. 2 This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided that the provision of the information amounted to an offence under section 2. 3 This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to it. 4 Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider. Interpretation 4 1 In this schedule— “information society services”— has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/ EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”, “ recipient ”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible, “ service provider ” means a person providing an information society service. 2 In sub-paragraph (1), “ the E-Commerce Directive ” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). SCHEDULE 2 MINOR AND CONSEQUENTIAL MODIFICATIONS (introduced by section 43) Criminal Procedure (Scotland) Act 1995 1 1 The 1995 Act is amended as follows. 2 In section 19AA(1)— a in paragraph (b), for “section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (a risk of sexual harm order)” substitute “ section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 ” , b in paragraph (c), for “section 2 of that Act of 2005” substitute “ section 27 of that Act of 2016 ” . 3 In section 19AB— a in subsection (4), for “risk of sexual harm orders” substitute “ sexual risk orders ” , b in subsection (5)— i for “risk of sexual harm order” substitute “ sexual risk order ” , ii for the words from “under” to the end substitute “ of a court considering an appeal against the making of a sexual risk order suspending the effect of the order pending the determination of the appeal ” , c in subsection (7)— i omit the definitions of “risk of sexual harm order” and “the 2005 Act”, ii insert, immediately before the definition of “ the 2003 Act ” , the following definition— “ sexual risk order ” means an order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, and also includes an order under section 122A or 123 of the 2003 Act; , d the title becomes “ Section 19AA: supplementary provision in sexual risk order cases ” . Police Act 1997 2 1 The Police Act 1997 is amended as follows. 2 In section 113CA(2)— a after paragraph (fb) insert— fc if a sexual harm prevention order, made under section 11(2) or 12(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant— i the prohibitions and requirements contained in that order; ii the date of that order; iii the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act; iv details as to whether that order has been varied or renewed under section 20(1) of that Act; fd if an interim sexual harm prevention order, made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant— i the prohibitions and requirements contained in that order; ii the date of that order; iii the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act; iv details as to whether that order has been varied or renewed under section 21(10) of that Act; , b after paragraph (ib) insert— ic if a sexual risk order, made under section 27(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant— i the prohibitions and requirements contained in that order; ii the date of that order; iii the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act; iv details as to whether that order has been varied or renewed under section 30(1) of that Act; id if an interim sexual risk order, made under section 31(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant— i the prohibitions and requirements contained in that order; ii the date of that order; iii the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act; iv details as to whether that order has been varied or renewed under section 31(9) of that Act; , c paragraphs (l) and (m) are repealed. 3 In section 113CB(2)— a after paragraph (fb) insert— fc if a sexual harm prevention order, made under section 11(2) or 12(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant— i the prohibitions and requirements contained in that order; ii the date of that order; iii the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act; iv details as to whether that order has been varied or renewed under section 20(1) of that Act; fd if an interim sexual harm prevention order, made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant— i the prohibitions and requirements contained in that order; ii the date of that order; iii the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act; iv details as to whether that order has been varied or renewed under section 21(10) of that Act; , b after paragraph (ib) insert— ic if a sexual risk order, made under section 27(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant— i the prohibitions and requirements contained in that order; ii the date of that order; iii the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act; iv details as to whether that order has been varied or renewed under section 30(1) of that Act; id if an interim sexual risk order, made under section 31(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant— i the prohibitions and requirements contained in that order; ii the date of that order; iii the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act; iv details as to whether that order has been varied or renewed under section 31(9) of that Act; , c paragraphs (l) and (m) are repealed. Sexual Offences Act 2003 3 1 The 2003 Act is amended as follows. 2 In section 88— a in subsection (1), for “Subsections (2) to (4)” substitute “ Subsections (2) and (2A) ” , b subsections (4) and (5) are repealed. 3 In section 89, after subsection (1) insert— 1A In the Table— a the reference to a sexual harm prevention order includes an order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, b the reference to an interim sexual harm prevention order includes an order made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. . Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 4 Subsections (1) to (5) of section 17 of the 2005 Act are repealed. Protection of Vulnerable Groups (Scotland) Act 2007 5 Paragraph 1 of schedule 1 of the Protection of Vulnerable Groups (Scotland) Act 2007 is amended as follows— a paragraph (r) is repealed, b after paragraph (zr), insert— zra an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, zrb an offence under section 37 of that Act in respect of a breach of— i a sexual risk order made under section 122A of the Sexual Offences Act 2003, ii an interim sexual risk order made under section 122E of the Sexual Offences Act 2003, iii a risk of sexual harm order made under section 123 of the Sexual Offences Act 2003, or iv an interim risk of sexual harm order made under section 126 of the Sexual Offences Act 2003, . Sexual Offences (Scotland) Act 2009 6 In section 54(8) of the 2009 Act, in the definition of “UK national”, for “relevant conduct” substitute “ act mentioned in subsection (1) ” . Criminal Justice and Licensing (Scotland) Act 2010 7 The following provisions of the Criminal Justice and Licensing (Scotland) Act 2010 are repealed— a section 103, b section 104, c paragraph 75 of schedule 7. Police and Fire Reform (Scotland) Act 2012 8 Paragraph 26 of schedule 7 of the Police and Fire Reform (Scotland) Act 2012 is repealed. Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 ( S.S.I. 2011/45) 9 Article 4(1) of the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45) is repealed. Anti-social Behaviour, Crime and Policing Act 2014 10 Paragraphs 78 and 79 of schedule 11 of the Anti-social Behaviour, Crime and Policing Act 2014 are repealed. Words in s. 37(5)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17) , s. 416(1) , Sch. 24 para. 311 (with Sch. 27 ); S.I. 2020/1236 , reg. 2 S. 9 in force at 24.4.2017 by S.S.I. 2017/93 , reg. 2 S. 41 in force at 24.4.2017 by S.S.I. 2017/93 , reg. 2 Sch. 1 para. 4 in force at 3.7.2017 by S.S.I. 2017/183 , reg. 2(c) Words in s. 1(6)(b) repealed (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5) , s. 15(2) , sch. para. 11(2) ; S.S.I. 2018/387 , reg. 2 (with reg. 7 ) S. 43 in force at 24.4.2017 for specified purposes by S.S.I. 2017/93 , reg. 2 Sch. 1 para. 3 in force at 3.7.2017 by S.S.I. 2017/183 , reg. 2(c) S. 2 in force at 3.7.2017 by S.S.I. 2017/183 , reg. 2(a) Sch. 1 para. 2 in force at 3.7.2017 by S.S.I. 2017/183 , reg. 2(c) S. 7 in force at 24.4.2017 by S.S.I. 2017/93 , reg. 2 S. 1 in force at 24.4.2017 by S.S.I. 2017/93 , reg. 2 (with reg. 3 ) S. 3 in force at 3.7.2017 by S.S.I. 2017/183 , reg. 2(b) Sch. 1 para. 1 in force at 3.7.2017 by S.S.I. 2017/183 , reg. 2(c) S. 6 in force at 24.4.2017 by S.S.I. 2017/93 , reg. 2 (with reg. 5 ) S. 8 in force at 24.4.2017 by S.S.I. 2017/93 , reg. 2 S. 5 in force at 24.4.2017 by S.S.I. 2017/93 , reg. 2 (with reg. 4 ) Sch. 2 para. 6 in force at 24.4.2017 by S.S.I. 2017/93 , reg. 2 S. 4 in force at 3.7.2017 by S.S.I. 2017/183 , reg. 2(c) S. 1A inserted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5) , s. 15(2) , sch. para. 11(3) ; S.S.I. 2018/387 , reg. 2 (with reg. 7 ) S. 10 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 11 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 12 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 13 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 14 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 15 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 16 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 17 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 18 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 19 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 20 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 21 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 22 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 23 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 24 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 25 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 26 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 27 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 28 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 29 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 30 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 31 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 32 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 33 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 34 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 35 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 36 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 37 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 38 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 39 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 40 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 43 in force at 31.3.2023 in so far as not already in force by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) Sch. 2 para. 1 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with regs. 3 , 4(1) ) Sch. 2 para. 2 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with regs. 3 , 4(2) ) Sch. 2 para. 3 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) Sch. 2 para. 4 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with regs. 3 , 4(3) ) Sch. 2 para. 5 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with regs. 3 , 4(4) ) Sch. 2 para. 7 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with regs. 3 , 4(5) ) Sch. 2 para. 8 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with regs. 3 , 4(6) ) Sch. 2 para. 9 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with regs. 3 , 4(7) ) Sch. 2 para. 10 in force at 31.3.2023 by S.S.I. 2023/51 , reg. 2 (with reg. 3 ) S. 37(1A) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32) , ss. 177(7)(a) , 208(1) ; S.I. 2023/387 , reg. 3(b) Words in s. 37(2) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32) , ss. 177(7)(b) , 208(1) ; S.I. 2023/387 , reg. 3(b) Words in s. 37(3) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32) , ss. 177(7)(b) , 208(1) ; S.I. 2023/387 , reg. 3(b) Words in s. 37(4) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32) , ss. 177(7)(c) , 208(1) ; S.I. 2023/387 , reg. 3(b)
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[uk-legislation-asp][asp] 2024-05-04 Lobbying (Scotland) Act 2016
http://www.legislation.gov.uk/asp/2016/16/2018-03-12
http://www.legislation.gov.uk/asp/2016/16/2018-03-12 Lobbying (Scotland) Act 2016 An Act of the Scottish Parliament to make provision about lobbying, including provision for establishing and maintaining a lobbying register and the publication of a code of conduct. text text/xml en Statute Law Database 2018-05-24 Expert Participation 2018-03-12 Lobbying (Scotland) Act 2016 2016 asp 16 An Act of the Scottish Parliament to make provision about lobbying, including provision for establishing and maintaining a lobbying register and the publication of a code of conduct. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 10th March 2016 and received Royal Assent on 14 April 2016 PART 1 Core concepts Regulated lobbying 1 1 For the purposes of this Act, a person engages in regulated lobbying if— a the person makes a communication which— i is made orally to a member of the Scottish Parliament, a member of the Scottish Government, a junior Scottish Minister, a special adviser or the permanent secretary, ii is made in person or, if not made in person, is made using equipment which is intended to enable an individual making a communication and an individual receiving that communication to see and hear each other while that communication is being made, iii is made in relation to Government or parliamentary functions, and iv is not a communication of a kind mentioned in the schedule, or b in the course of a business or other activity carried on by the person, an individual makes such a communication as an employee, director (including shadow director) or other office-holder, partner or member of the person. 2 Where a person engages in regulated lobbying by virtue of paragraph (b) of subsection (1), the individual mentioned in that paragraph is not to be regarded as engaging in regulated lobbying. 3 For the purposes of subsection (1)(a)(i), a communication which is “ made orally ” includes a communication which is made using British Sign Language or is otherwise made by signs. 4 For the purposes of subsection (1), it does not matter whether the communication occurs in or outwith Scotland. 5 The Parliament may by resolution modify the schedule so as to— a add a description of a kind of communications, b modify or remove a description so added. Government or parliamentary functions 2 1 Government or parliamentary functions are— a the development, adoption or modification of any proposal to make or amend primary legislation in the Parliament, b the development, adoption or modification of any proposal to make a Scottish statutory instrument, c the development, adoption or modification of any policy of the Scottish Ministers or other office-holder in the Scottish Administration, d the making, giving or issuing by the Scottish Ministers or other office-holder in the Scottish Administration of, or the taking of any other steps by the Scottish Ministers or office-holder in relation to— i any contract or other agreement, ii any grant or other financial assistance, or iii any licence or other authorisation, e speaking, lodging a motion, voting or taking any other step in relation to a matter raised in proceedings of the Parliament, f representing as a member of the Parliament the interests of persons other than in proceedings of the Parliament. 2 But the retained functions of the Lord Advocate (within the meaning of section 52(6) of the Scotland Act 1998) are not Government or parliamentary functions for the purposes of this Act. PART 2 The lobbying register The register Lobbying register 3 1 The Clerk must establish and maintain a lobbying register (the “register”), containing information about active registrants, inactive registrants and voluntary registrants. 2 The Clerk must publish, by such means as the Clerk considers appropriate, the information about active registrants which is contained in the register. 3 But the Clerk may withhold from publication information relating to an individual if the Clerk considers that it would be inappropriate to make that information publicly available. 4 The Clerk may publish, by such means as the Clerk considers appropriate, such information as the Clerk considers appropriate about— a inactive registrants, and b voluntary registrants. 5 In exercising functions under this Part, the Clerk must have regard to the parliamentary guidance (see section 43). 6 In this Part— “ active registrant ” means a person entered in the register under section 10, “ inactive registrant ” means a person entered in the register as an inactive registrant under section 12 or 13, “ voluntary registrant ” means a person entered in the register as a voluntary registrant under section 14. Content of register 4 1 The register must contain an entry for each registrant setting out the information about the registrant's identity mentioned in section 5. 2 In relation to an active or inactive registrant, the register must also contain— a the information about the registrant's regulated lobbying activity mentioned in section 6, and b additional information provided by the registrant mentioned in section 7. Information about identity 5 The information about the registrant's identity is— a in the case of an individual— i the individual's name, and ii the address of the individual's main place of business (or, if there is no such place, the individual's residence), b in the case of a company (within the meaning of the Companies Act 2006)— i the name of the company, ii its registered number, iii the address of its registered office, iv the names of its directors and of any secretary, and v the names of any shadow directors, (each of those expressions having the same meaning as in that Act), c in the case of a partnership (including a limited liability partnership)— i the name of the partnership, ii the names of the partners, and iii the address of its main office or place of business, and d in the case of any other person— i the name of the person, and ii the address of the person's main office or place of business. Information about regulated lobbying activity 6 1 The information about the registrant's regulated lobbying activity is information submitted by the registrant about instances of the registrant engaging in regulated lobbying. 2 That is, in relation to each instance of regulated lobbying— a the name of the person lobbied, b the date on which the person was lobbied, c the location at which the person was lobbied, d a description of the meeting, event or other circumstances in which the lobbying occurred, e the name of the individual who made the communication falling within section 1(1), f either— i a statement that the lobbying was undertaken on the registrant's own behalf, or ii the name of the person on whose behalf the lobbying was undertaken, and g the purpose of the lobbying. Additional information 7 The additional information provided by the registrant is— a any information submitted by the registrant about— i whether there is an undertaking by the registrant to comply with a code of conduct which governs regulated lobbying (whether or not it also governs other activities) and is available for public inspection, ii where a copy of the code may be inspected, and iii any individual given responsibility by the registrant for monitoring the registrant's compliance with the code, and b such other information provided by the registrant which the Clerk considers appropriate to include in the register. Active registrants Duty to register 8 1 A person who engages in regulated lobbying when the person is not an active registrant must, before the end of the relevant period, provide to the Clerk— a the information mentioned in section 5 in relation to the person's identity, and b the information mentioned in section 6 in relation to the first instance of the regulated lobbying. 2 The “relevant period” is the period of 30 days beginning with the date on which the first instance of the regulated lobbying occurred. 3 A person must provide the information under subsection (1) in such form as the Clerk may determine. Application for registration 9 1 A person may apply to the Clerk to be entered in the register if the person— a is not an active registrant, and b has not engaged in regulated lobbying during the period of 30 days before the date of the application. 2 An application under subsection (1) must— a be in such form as the Clerk may determine, and b include the information mentioned in section 5 in relation to the person's identity. Entry in the register 10 1 This section applies where a person— a provides information in accordance with section 8, or b applies in accordance with section 9. 2 The Clerk must as soon as reasonably practicable after the information or application is received— a enter the person in the register as an active registrant, and b update the register to include— i the information provided by the registrant under section 8(1) or, as the case may be, section 9(2)(b), and ii any other information provided by the registrant which the Clerk considers appropriate to include in the register. 3 The Clerk must, as soon as reasonably practicable after entering the person in the register, notify that person in writing of— a the date on which the period of 6 months mentioned in section 11(1)(a) begins in relation to the person, and b the effect of section 11(1)(b) on an active registrant. 4 The Clerk may send additional copies of the notice sent under subsection (3) by whatever means the Clerk considers appropriate. Information returns 11 1 An active registrant must submit to the Clerk an information return in respect of— a the period of 6 months beginning with— i in the case of a registrant who provided information under section 8(1), the date on which the relevant period mentioned in that section began in relation to that person, or ii in the case of a registrant who applied under section 9(1), the date of the application, and b each subsequent period of 6 months. 2 The information return must be submitted— a in such form as the Clerk may determine, b before the end of the period of 2 weeks beginning immediately after the end of the period to which the return relates. 3 The first information return submitted by a registrant mentioned in subsection (1)(a)(i) must contain— a either— i the information mentioned in section 6 in relation to each instance of the registrant engaging in regulated lobbying during the period in question (other than information provided under section 8(1)(b)), or ii a statement that, during the period in question, other than the registrant's first instance of regulated lobbying, the registrant did not engage in regulated lobbying, and b if any information included in the register in relation to the registrant is or has become inaccurate, information about the changes that have occurred. 4 Every other information return submitted by a registrant under this section must contain— a either— i the information mentioned in section 6 in relation to each instance of the registrant engaging in regulated lobbying during the period in question, or ii a statement that, during the period in question, the registrant did not engage in regulated lobbying, and b if any information included in the register in relation to the registrant is or has become inaccurate, information about the changes that have occurred. 5 An active registrant may, at any time, notify the Clerk in writing— a if any information included in the register in relation to that registrant has become inaccurate, about the changes that have occurred, b about information of the type mentioned in section 7(a), c about such other information which the registrant wishes to include in the register. 6 The Clerk must, as soon as reasonably practicable after receiving an information return or information under subsection (5), update the register to include— a the information contained in the information return or as the case may be provided under subsection (5)(a) or (b), b any information provided under subsection (5)(c) which the Clerk considers appropriate to include in the register. Inactive registrants Reclassification as an inactive registrant on application 12 1 An active registrant may apply to the Clerk to be instead entered in the register as an inactive registrant (in this section referred to as the “ applicant ”). 2 The application under subsection (1) must— a be in such form as the Clerk may determine, and b contain either— i in the case of an applicant who has not submitted an information return under section 11, the information about the applicant's regulated lobbying activity mentioned in subsection (3), or ii in the case of an applicant who has submitted a return under that section, the information about the applicant's regulated lobbying activity mentioned in subsection (4). 3 The information about the applicant's regulated lobbying activity is either— a the information mentioned in section 6 (other than any information provided under section 8(1)(b)) about each instance of the applicant engaging in regulated lobbying during the period— i beginning with the date on which the period mentioned in section 11(1)(a) began in relation to the applicant, and ii ending with the date of the application, or b a statement that, in that period, the applicant— i did not engage in regulated lobbying, or ii other than the applicant's first instance of regulated lobbying, did not engage in regulated lobbying. 4 The information about the applicant's regulated lobbying activity is either— a the information mentioned in section 6 about each instance of the applicant engaging in regulated lobbying during the period— i beginning with the day after the end of the 6 month period covered by the last information return submitted by the applicant under section 11, and ii ending with the date of the application, or b a statement that, in that period, the applicant did not engage in regulated lobbying. 5 If, following an application under subsection (1), the Clerk has reasonable grounds to believe the applicant is not, or is no longer, engaged in regulated lobbying, the Clerk may enter the applicant in the register as an inactive registrant by updating the applicant's entry in the register accordingly. 6 The Clerk must, as soon as practicable after making a decision under this section, notify the applicant of— a the decision and the Clerk's reasons for the decision, and b in the case of a decision to enter the applicant in the register as an inactive registrant— i the date on which the applicant is entered in the register as an inactive registrant, and ii the effect of the applicant being entered in the register as an inactive registrant. Reclassification as an inactive registrant without application 13 1 The Clerk may enter an active registrant in the register as an inactive registrant if— a there is no outstanding application by the registrant under section 12, but b the Clerk has reasonable grounds to believe the registrant is not, or is no longer, engaged in regulated lobbying. 2 Before deciding under this section to enter an active registrant in the register as an inactive registrant the Clerk must give to the registrant a notice stating— a that the Clerk is considering updating the registrant's entry in the register to be instead entered in the register as an inactive registrant, b the Clerk's reasons for doing so, and c that the registrant has the right to make written representations to the Clerk before the date which is specified in the notice (such date to be at least 28 days after the date on which the notice is given). 3 In making a decision under this section the Clerk must consider any representations made in accordance with subsection (2)(c). 4 The Clerk must, as soon as practicable after making a decision under this section to enter a registrant in the register as an inactive registrant, update the registrant's entry in the register accordingly. 5 The Clerk must, as soon as practicable after making a decision under this section notify the registrant in respect of whom the decision is made of— a the decision and the Clerk's reasons for that decision, and b in the case of a decision to enter a registrant in the register as an inactive registrant— i the date on which the registrant is entered in the register as an inactive registrant, and ii the effect of the person being entered in the register as an inactive registrant. Voluntary registrants Voluntary registration 14 1 A person may apply to the Clerk to be entered in the register as a voluntary registrant (unless the person is already an active registrant). 2 The application must— a be in such form as the Clerk may determine, and b include the information mentioned in section 5 in relation to the applicant's identity. 3 The Clerk may— a enter the applicant in the register, or b refuse to enter the applicant in the register. 4 The Clerk may— a remove a voluntary registrant from the register if, following an application by the voluntary registrant or otherwise, the Clerk considers it appropriate to do so, b update the register accordingly if a voluntary registrant is instead entered in the register as an active registrant. Further provision Power to specify requirements about the register 15 1 The Scottish Parliament may by resolution make provision about this Part including provision about— a the duties of the Clerk in relation to the register, b the content of the register, c the duty of a person who is not an active registrant to provide information, d information to be provided by a person before the person is included in the register as an active registrant, e information to be provided while a person is an active registrant, f action to be taken when an active registrant is not, or is no longer, engaged in regulated lobbying, g the circumstances in which the Clerk may remove information about a registrant from the register, h voluntary registration, including— i applying with modifications, or making provision equivalent to, the provisions applicable to active and inactive registrants, and ii making provision about a voluntary registrant being instead entered in the register as an active registrant, i the review of, or appeal to a court against, a decision by the Clerk under this Part. 2 A resolution under subsection (1) may modify sections 4 to 14. PART 3 Oversight and enforcement Duty to monitor Clerk's duty to monitor compliance 16 1 The Clerk must monitor compliance with the duties imposed by or under this Act on— a persons who engage in regulated lobbying, and b voluntary registrants. 2 In monitoring compliance the Clerk must have regard to the parliamentary guidance (see section 43). Information notices Clerk's power to require information 17 1 In connection with the duty under section 16, the Clerk may serve a notice (an “information notice”) on a person mentioned in subsection (2), whether in or outwith Scotland, requiring the person to supply information specified in the notice. 2 The persons are— a an active registrant, b a voluntary registrant, c a person who is not an active registrant but whom the Clerk has reasonable grounds for believing may be, or may have been, engaged in regulated lobbying. 3 An information notice must— a specify the form in which the information must be supplied, b specify the date by which the information must be supplied, and c contain particulars of the right to appeal under section 19(1). 4 The date specified under subsection (3)(b) must not be before the end of the period during which an appeal under section 19(1) can be made. 5 Where an information notice has been served on a person, the Clerk may— a send an additional copy of the information notice to the person by whatever means the Clerk considers appropriate, b cancel the information notice by serving notice to that effect on the person. Limitations on duty to supply information and use of information supplied 18 1 An information notice does not require a person— a to supply information which would disclose evidence of the commission of an offence by the person, other than an offence under subsection (1), (2) or (3) of section 42, b to supply information which the person would otherwise be entitled to refuse to supply in proceedings in a court in Scotland. 2 An oral or written statement made by a person in response to an information notice may not be used in evidence against the person in a prosecution for an offence (other than an offence under section 21(1)) unless— a the person is prosecuted for an offence under subsection (1), (2) or (3) of section 42, and b in the proceedings— i in giving evidence the person provides information that is inconsistent with the statement, and ii evidence relating to the statement is adduced, or a question relating to it is asked, by the person or on the person's behalf. Appeal against information notice 19 1 A person on whom an information notice has been served may appeal to the sheriff against the notice or any requirement specified in it. 2 An appeal under subsection (1) must be made before the end of the period of 21 days beginning with the date on which the person receives the notice. 3 A decision of the Sheriff Appeal Court on an appeal against the sheriff's decision is final. 4 If an appeal is brought under this section, the person is not required to supply the information specified in the information notice until the date on which the appeal is finally determined or withdrawn. 5 For the purposes of subsection (4), the appeal is “finally determined”— a where the appeal is determined by the sheriff, on the date on which the period during which an appeal to the Sheriff Appeal Court may be made expires without an appeal being made, or b where an appeal to the Sheriff Appeal Court is made, the date on which that appeal is determined. Power to make further provision about information notices 20 1 The Parliament may by resolution make further provision about information notices. 2 A resolution under subsection (1) may in particular make provision (or further provision)— a specifying descriptions of information which the Clerk may not require a person to supply in response to an information notice, b about the minimum period between the date on which an information notice is served and the date which must be specified under section 17(3)(b), c about other matters which must be specified in an information notice. Offences relating to information notices 21 1 It is an offence for a person who has been served with an information notice under section 17— a to fail to supply the required information on or before the date by which the person is required to do so, or b to provide information which is inaccurate or incomplete in a material particular. 2 It is a defence for a person charged with an offence under subsection (1) to show that the person exercised all due diligence to avoid committing the offence. 3 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Investigation of complaints Commissioner's duty to investigate and report on complaint 22 1 This section applies where the Commissioner receives a complaint that a person has or might have failed— a to comply with the duty to provide information under section 8(1), b to provide accurate and complete information in an application made under section 9, c to comply with the duty to submit information returns under section 11, or d to supply accurate and complete information in response to an information notice in accordance with section 17. 2 The Commissioner must— a assess whether the complaint is admissible (see sections 23 and 24), and b if the complaint is admissible— i investigate the complaint (see section 25), and ii report upon the outcome of the investigation to the Parliament (see section 26). 3 In carrying out the duties imposed by or under this Act the Commissioner must have regard to the parliamentary guidance (see section 43). 4 An assessment under subsection (2)(a) and an investigation under subsection (2)(b)(i) must be conducted in private. Requirements for complaint to be admissible 23 1 A complaint is admissible if— a the complaint is relevant, b the complaint meets the conditions mentioned in subsection (3), and c the complaint warrants further investigation. 2 A complaint is relevant if, at first sight— a it appears to be about a person who may be, or may have been, engaged or may be likely to engage in regulated lobbying, and b it appears that, if it is established that all or part of the conduct complained about occurred, it might amount to a failure to comply with a requirement mentioned in section 22(1)(a) to (d). 3 The conditions are that the complaint— a is made in writing to the Commissioner, b is made by an individual, is signed by that individual and states that individual's name and address, c names the person to whom the complaint relates, d sets out the facts related to the conduct complained about, and e is made before the end of the period of one year beginning on the date when the individual who made the complaint could reasonably have become aware of the conduct complained about. 4 A complaint warrants further investigation if, after an initial investigation, the evidence is sufficient to suggest that the person who is the subject of the complaint may have failed to comply with a requirement mentioned in section 22(1)(a) to (d). Procedure for assessing admissibility of complaint 24 1 This section applies where the Commissioner receives a complaint that a person has or might have failed to comply with a requirement mentioned in section 22(1)(a) to (d). 2 The Commissioner must— a notify the person who is the subject of the complaint that the complaint has been received, b inform that person of the nature of the complaint, and c except where the Commissioner considers that it would not be appropriate to do so, inform that person of the name of the individual who made the complaint. 3 If the Commissioner considers that the complaint is inadmissible due to being irrelevant, the Commissioner must dismiss the complaint. 4 Subsections (5) to (7) apply where the Commissioner considers that the complaint is relevant but fails to meet one or more of the conditions mentioned in section 23(3). 5 The Commissioner must— a if the complaint is of a kind specified in a direction by the Parliament, make a report to the Parliament, b if the complaint is not of such kind and the Commissioner considers that the complaint warrants further investigation, make a report to the Parliament, c in any other case, dismiss the complaint. 6 A report under subsection (5)(a) or (b) must include— a the reasons why the Commissioner considers that the complaint fails to meet one or more of the conditions mentioned in section 23(3), b the reasons for that failure (if known), c if the report is made under subsection (5)(b), a statement that the complaint warrants further investigation, d the recommendation of the Commissioner as to whether, having regard to all the circumstances of the case, the complaint should be dismissed as inadmissible for failing to meet one or more of the conditions mentioned in section 23(3) or should be treated as if it had met all of those conditions, and e any other matters which the Commissioner considers appropriate. 7 After receiving a report under subsection (5)(a) or (b), the Parliament must give the Commissioner a direction— a to dismiss the complaint as inadmissible for failing to meet one or more of the conditions mentioned in section 23(3), or b to treat the complaint as if it had met all of those conditions. 8 If the Commissioner considers that the complaint is admissible, the Commissioner must inform— a the Parliament, by making a report to the Parliament, b the individual who made the complaint, and c the person who is the subject of the complaint. 9 If the Commissioner considers that the complaint is inadmissible and has not already dismissed the complaint under subsection (3) or (5)(c) or in pursuance of subsection (7)(a), the Commissioner must dismiss the complaint. 10 In dismissing a complaint, the Commissioner must inform the individual who made the complaint and the person who is the subject of the complaint of the dismissal together with the reasons why the complaint is inadmissible. 11 Subsections (2), (8) and (10) apply only to the extent that they are capable of applying where— a the person to whom the complaint relates has not been named in the complaint, or b the individual who made the complaint is anonymous. 12 If the Commissioner has not assessed whether a complaint is admissible before the end of the period of 2 months beginning on the date the complaint is received, the Commissioner must, as soon as possible thereafter, make a report to the Parliament on the progress of the assessment of admissibility. Investigation of complaint 25 1 This section applies to the investigation of a complaint assessed as admissible under section 22(2)(a). 2 The investigation must be conducted with a view to making findings of fact in relation to compliance with a requirement mentioned in section 22(1)(a) to (d) by the person who is the subject of the complaint. 3 The Commissioner may make a finding of fact if satisfied on the balance of probabilities that the fact is established. 4 If the Commissioner has not completed the investigation before the end of the period of 6 months beginning on the date the complaint is found to be admissible, the Commissioner must, as soon as possible thereafter, make a report to the Parliament on the progress of the investigation. Commissioner's report on complaint 26 1 This section applies to a report made under section 22(2)(b)(ii). 2 The report must include— a details of the complaint, b details of the assessment of admissibility carried out by the Commissioner, c details of the investigation carried out by the Commissioner, d the facts found by the Commissioner in relation to whether the person who is the subject of the complaint failed to comply with a requirement mentioned in section 22(1)(a) to (d), e any representations made under subsection (4)(b). 3 The report must not make reference to a measure that may be taken by the Parliament under section 40. 4 Before the report is provided to the Parliament, the Commissioner must— a provide a copy of a draft report to the person who is the subject of the report, b provide that person with an opportunity to make representations on the draft report. Parliament's action on receipt of report 27 1 The Parliament is not bound by the facts found by the Commissioner in a report made under section 22(2)(b)(ii). 2 The Parliament may direct the Commissioner to carry out such further investigations as may be specified in the direction and report on the outcome of those investigations to it. 3 Subject to a direction under subsection (2), the provisions of this Part and of any other direction made under this Part apply (subject to necessary modifications) in relation to any further investigation and report as they apply to an investigation and report into a complaint. Withdrawal of complaint 28 1 At any time after a complaint has been made to the Commissioner and before a report is made to the Parliament under section 22(2)(b)(ii), the individual who made the complaint may withdraw the complaint by notifying the Commissioner. 2 A notification under subsection (1) must be— a in writing, and b signed by the individual who made the complaint. 3 When a complaint is withdrawn during an assessment under section 22(2)(a), the Commissioner must— a cease to investigate the complaint, and b inform the person who is the subject of the complaint— i that the complaint has been withdrawn, ii that the investigation into the complaint has ceased, and iii of any reason given by the individual who made the complaint for withdrawing it. 4 When a complaint is withdrawn during an investigation under section 22(2)(b)(i), the Commissioner must— a inform the person who is the subject of the complaint— i that the complaint has been withdrawn, and ii of any reason given by the individual who made the complaint for withdrawing it, b invite that person to give the Commissioner views on whether the investigation should nevertheless continue, and c after taking into account any relevant information, determine whether to recommend to the Parliament that the investigation should continue. 5 For the purposes of subsection (4)(c), “ relevant information ” includes— a any reason given by the individual who made the complaint for withdrawing it, and b any views expressed by the person who is the subject of the complaint on whether the investigation should continue. 6 If the Commissioner determines to recommend to the Parliament that the investigation should cease, the Commissioner must— a cease to investigate the complaint, b inform the individual who made the complaint that the investigation has ceased, c inform the person who is the subject of the complaint that the investigation has ceased, and d report to the Parliament— i that the complaint has been withdrawn, ii that the investigation has ceased, and iii on any reason given by the individual who made the complaint for withdrawing it. 7 If the Commissioner determines to recommend to the Parliament that the investigation should continue, the Commissioner must report to the Parliament— a that the complaint has been withdrawn, b on any reason given by the individual who made the complaint for withdrawing it, c on any views on the matter expressed by the person who is the subject of the complaint on whether the investigation should continue, d that the Commissioner recommends that the investigation should continue, and e on the reasons for the Commissioner's recommendation. 8 After receiving a report under subsection (7), the Parliament must direct the Commissioner to— a continue the investigation, or b cease the investigation. 9 After receiving a direction under subsection (8), the Commissioner must inform the individual who made the complaint and the person who is the subject of the complaint whether the investigation will continue or cease. 10 Where the Commissioner is required under this section to provide reasons given by the individual who made the complaint for withdrawing it, the Commissioner may provide a summary of those reasons. Commissioner's discretionary reports to Parliament 29 The Commissioner may, in such circumstances as the Commissioner thinks fit, make a report to the Parliament— a as to the progress of any actions taken by the Commissioner in accordance with the Commissioner's duties under section 22(2), b informing the Parliament of a complaint which the Commissioner has dismissed as being inadmissible and the reasons for the dismissal. Restriction on Commissioner's advice 30 1 The Commissioner may not— a give advice as to whether conduct which has been, or is proposed to be, carried out by a person would constitute a failure to comply with a requirement mentioned in section 22(1)(a) to (d), or b otherwise express a view upon such a requirement, except in the context of an investigation or report mentioned in section 22. 2 Nothing in subsection (1) prevents the Commissioner from giving advice or otherwise expressing a view about— a the procedures for making a complaint to the Commissioner, or b the procedures following upon the making of a complaint. Directions to the Commissioner 31 1 The Commissioner must, in carrying out the Commissioner's functions conferred by or under this Act, comply with any direction given by the Parliament. 2 A direction under subsection (1) may, in particular— a make provision as to the procedure to be followed by the Commissioner when conducting an assessment or investigation mentioned in section 22, b set out circumstances where, despite receiving a complaint mentioned in section 22(1), the Commissioner— i may decide not to conduct an assessment under section 22(2)(a) or an investigation under section 22(2)(b)(i) or, if started, may suspend or stop such an assessment or investigation before it is concluded, ii must not conduct an assessment or an investigation referred to in sub-paragraph (i) or, if started, must suspend or stop such an assessment or investigation before it is concluded, iii is not required to report to the Parliament under section 22(2)(b)(ii), 24(5)(a) or (b), (8)(a) or (12), 25(4) or 28(7), c require the Commissioner to report to the Parliament upon such matter relating to the carrying out of the Commissioner's functions as may be specified in the direction. 3 A direction under subsection (1) may not direct the Commissioner as to how a particular investigation is to be carried out. Investigations: witnesses and documents Power to call for witnesses and documents etc. 32 1 The Commissioner may for the purposes of an investigation under section 22(2)(b)(i) require any person, whether in or outwith Scotland— a to attend the Commissioner's proceedings for the purpose of giving evidence, b to produce documents in the person's custody or under the person's control. 2 For the purposes of subsection (1), a person is to be taken to comply with a requirement to produce a document if that person produces a copy of, or an extract of the relevant part of, the document. 3 The Commissioner may not impose such a requirement on any person who the Parliament could not require, under section 23 of the Scotland Act 1998, to attend its proceedings for the purpose of giving evidence or to produce documents. 4 A statement made by a person in answer to a question which that person was obliged under this section to answer is not admissible in any criminal proceedings against that person, except where the proceedings are in respect of perjury relating to that statement. Notice 33 A requirement under section 32(1) must be imposed by giving notice to the person specifying— a where the person is required to give evidence— i the time and place at which the person is to attend, and ii the particular matters about which the person is required to give evidence, b where the person is required to produce a document— i the document, or types of document, which the person is to produce, ii the date by which the document must be produced, and iii the particular matters in connection with which the document is required. Exceptions to requirement to answer question or produce document 34 1 A person is not obliged under section 32 to answer a question or to produce a document which that person would be entitled to refuse to answer or produce in proceedings in a court in Scotland. 2 The Lord Advocate, the Solicitor General for Scotland or a procurator fiscal is not obliged under section 32 to answer any question or produce any document which that person would be entitled to decline to answer or to produce in accordance with section 27(3) or, as the case may be, 23(10) of the Scotland Act 1998. Evidence under oath 35 1 The Commissioner may— a administer an oath to any person giving evidence to the Commissioner, and b require that person to take an oath. 2 A person who refuses to take an oath when required to do so under subsection (1) commits an offence. 3 A person who commits an offence under subsection (2) is liable on summary conviction to imprisonment for a period not exceeding 3 months or a fine not exceeding level 5 on the standard scale (but not both). Offences relating to Commissioner's investigation 36 1 A person to whom a notice under section 33 has been given commits an offence if the person— a refuses or fails to attend before the Commissioner as required by the notice, b refuses or fails, when attending before the Commissioner, to answer any question concerning the matters specified in the notice, c deliberately alters, suppresses, conceals or destroys any document which that person is required to produce by the notice, or d refuses or fails to produce any such document. 2 It is a defence for a person charged with an offence under subsection (1)(a), (b) or (d) to show that there was a reasonable excuse for the refusal or failure. 3 A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a period not exceeding 3 months or a fine not exceeding level 5 on the standard scale (but not both). Restriction on disclosure of information 37 1 A person mentioned in subsection (2) must not disclose information which is— a contained in a complaint, b provided to or obtained by the person in the course of, or for the purposes of, an assessment under section 22(2)(a), or c provided to or obtained by the person in the course of, or for the purposes of, an investigation under section 22(2)(b)(i). 2 The persons are— a the Commissioner, b a member of the Commissioner's staff, or c any other person appointed by the Commissioner. 3 Subsection (1) does not prevent disclosure of information for the purpose of— a enabling or assisting the Commissioner to discharge the Commissioner's functions— i conferred by or under this Act (including by a resolution of the Parliament under section 41), ii conferred by or under any other enactment, or iii in the standing orders of the Scottish Parliament, or b the investigation or prosecution of any offence or suspected offence. Commissioner's functions Commissioner's functions etc. 38 1 The Scottish Parliamentary Commissions and Commissioners etc. Act 2010 is modified as follows. 2 In section 1(3) (functions of the Commissioner)— a the word “and” after paragraph (b) is repealed, b after paragraph (c) insert , and d the Lobbying (Scotland) Act 2016. . 3 In section 5(1) (protection from actions for defamation)— a in paragraph (a)— i the word “or” in the second place where it occurs is repealed, ii after “Parliamentary Standards Act” insert “ or the Lobbying (Scotland) Act 2016 ” , b in paragraph (c)— i the word “or” in the second place where it occurs is repealed, ii after “Public Appointments Act” insert “ or the Lobbying (Scotland) Act 2016 ” . 4 In section 25 (annual reports), after subsection (3) insert— 3A The report must include, in relation to the performance of the Commissioner's functions under the Lobbying (Scotland) Act 2016— a the numbers of complaints made to the Commissioner during the reporting year, b the number of complaints which were withdrawn during the reporting year, broken down according to the stage of the investigation at which they were withdrawn, c in relation to assessments of admissibility under section 22(2)(a) of that Act— i the number completed, ii the number of complaints dismissed, and iii the number of complaints considered admissible, during the reporting year, d in relation to investigations under section 22(2)(b)(i) of that Act— i the number completed, ii the number of reports made under section 22(2)(b)(ii) of that Act, during the reporting year, and e the number of further investigations that the Commissioner has been directed to carry out under section 27(2) of that Act during the reporting year. . Investigation of performance of Commissioner's functions 39 In paragraph 21ZA of schedule 2 of the Scottish Public Services Ombudsman Act 2002— a the word “and” is repealed, b at the end insert “ and the Lobbying (Scotland) Act 2016 ” . Disposal of complaints Parliament's power to censure 40 After receiving a report under section 22(2)(b)(ii) or 27(2), the Parliament may— a censure the person who is the subject of the report, or b take no further action. Further provision Power to make further provision about Parliament's procedures etc. 41 1 The Parliament must by resolution make provision about procedures to be followed when the Commissioner submits a report to the Parliament under this Part. 2 A resolution under subsection (1) may in particular make provision— a on how the Commissioner is to make a report to the Parliament, b in connection with the Parliament's consideration of a report made under this Part (including the carrying out of further investigation), c on the giving of a direction under this Part, d about the review of, or appeal to a court against, a decision by the Parliament under section 40 to censure a person. Offences Offences relating to registration and information returns 42 1 It is an offence for a person who is required to provide information under section 8(1)— a to fail to provide the information on or before the date by which the person is required to do so, or b to provide information which is inaccurate or incomplete in a material particular. 2 It is an offence for a person to provide, in an application for registration under section 9, information which is inaccurate or incomplete in a material particular. 3 It is an offence for a person who is required to submit an information return under section 11 to— a fail to submit the return on or before the date by which the person is required to do so, b provide information which is inaccurate or incomplete in a material particular. 4 It is a defence for a person charged with an offence under subsection (1), (2) or (3) to show that the person exercised all due diligence to avoid committing the offence. 5 A person who commits an offence under subsection (1), (2) or (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. PART 4 Guidance, code of conduct and Public Awareness Parliamentary guidance 43 1 The Parliament must publish guidance on the operation of this Act (referred to in this Act as “ the parliamentary guidance ”). 2 The guidance must in particular include provision about— a the circumstances in which— i a person is or is not, for the purposes of this Act, engaged in regulated lobbying, and ii a communication is of a kind mentioned in the schedule, b voluntary registration, c the Clerk's functions under this Act. 3 Before publishing the guidance, any revision to it or replacement of it, the Parliament must consult the Scottish Ministers. Code of conduct for persons lobbying MSPs 44 1 The Parliament must publish a code of conduct for persons lobbying members of the Parliament. 2 The Parliament must, from time to time, review the code of conduct and may, if it considers it appropriate, publish a revised code of conduct. 3 In this section, “ lobbying ” means making a communication of any kind to a member of the Parliament in relation to the member's functions. Public awareness and understanding of Act 45 The Parliament may take such steps as it considers appropriate to promote public awareness and understanding of the operation of this Act. PART 5 Final provisions Offences by bodies corporate etc. 46 1 Where— a an offence under this Act has been committed by a body corporate or a Scottish partnership or other unincorporated association, and b it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of— i a relevant individual, or ii an individual purporting to act in the capacity of a relevant individual, the individual (as well as the body corporate, partnership or, as the case may be, other unincorporated association) commits the offence and is liable to be proceeded against and punished accordingly. 2 In subsection (1), “ relevant individual ” means— a in relation to a body corporate— i a director, manager, secretary or other similar officer of the body, ii where the affairs of the body are managed by its members, the members, b in relation to a Scottish partnership, a partner, c in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association. Interpretation 47 In this Act— “ active registrant ” has the meaning given in section 3(6), “ the Clerk ” means the Clerk of the Parliament, “ the Commissioner ” means the Commissioner for Ethical Standards in Public Life in Scotland, “ inactive registrant ” has the meaning given in section 3(6), “the Parliament”— means the Scottish Parliament, and includes any committee of the Parliament (except in relation to the power to censure a person under section 40 or a power to make a resolution), “ the permanent secretary ” means the individual who serves the Scottish Government in the position of permanent secretary in the civil service of the State, “proceedings of the Parliament” include proceedings of any committee or sub-committee of the Parliament, “ register ” has the meaning given in section 3, “ shadow director ” has the meaning given in section 251 of the Companies Act 2006, “ special adviser ” means an individual who— holds a position in the civil service of the State, is appointed to assist one or more of the ministers mentioned in section 44(1)(a) or (b) of the Scotland Act 1998 after being selected for the appointment by the First Minister personally, has terms and conditions of appointment (apart from those by virtue of section 8(11) of the Constitutional Reform and Governance Act 2010) which are approved by the Minister for the Civil Service, and those terms and conditions provide for the appointment to end— not later than when the First Minister who selected the individual ceases to hold that office, or where the individual is selected personally for the appointment by a person designated under section 45(4) of the Scotland Act 1998, not later than when the designated person ceases to be able to exercise the functions of the First Minister by virtue of the designation, “ voluntary registrant ” has the meaning given in section 3(6). Parliamentary resolutions 48 1 Before making a resolution under this Act, the Parliament must consult the Scottish Ministers. 2 A power of the Parliament to make such a resolution includes power to make— a different provision for different purposes, b incidental, supplementary, consequential, transitional, transitory or saving provision. 3 Immediately after any such resolution is passed, the Clerk must send a copy of it to the Queen's Printer for Scotland (“the Queen's Printer”). 4 Part 1 of the Interpretation and Legislative Reform (Scotland) Act 2010 applies to the resolution as if it were a Scottish instrument. 5 Section 41(2) to (5) of that Act and the Scottish Statutory Instruments Regulations 2011 ( S.S.I. 2011/195) apply to the resolution— a as if it were a Scottish statutory instrument, b as if the copy of it sent to the Queen's Printer under subsection (3) were a certified copy received in accordance with section 41(1) of the Interpretation and Legislative Reform (Scotland) Act 2010, and c with the modifications set out in subsections (6) and (7). 6 References to “responsible authority” are to be read as references to the Clerk. 7 Regulation 7(2) and (3) of the Scottish Statutory Instruments Regulations 2011 does not apply. Application of Act to trusts 49 1 This section applies in the application of this Act to a trust. 2 For the purposes of this Act, the trustees of the trust engage in regulated lobbying if a trustee makes a communication falling within section 1(1)(a). 3 References in Parts 2 and 3 to “person” are to be read as references to the trustees of the trust. 4 An obligation imposed under those Parts on the trustees of the trust may be fulfilled by any one or more of the trustees. Report on operation of Act 50 1 The Scottish Parliament must make arrangements for one of its committees or sub-committees to report in accordance with this section to the Scottish Parliament on the operation of this Act during the review period. 2 In this section, the “ review period ” means the period— a beginning on the day on which section 8 comes into force, and b ending 2 years after that day. 3 The committee or sub-committee must— a for the purposes of preparing its report under subsection (1), take evidence from such persons as it considers appropriate, b publish its draft report under subsection (1), c consult with such persons as it considers appropriate on— i the draft report, and ii any recommendations that it proposes to include in its final report, and d before making its report under subsection (1), have regard to any representations made to it on the draft report and on any proposed recommendations. 4 A report under subsection (1) may— a be made in such form and manner as the committee or sub-committee considers appropriate, b include a recommendation as to whether this Act should be amended to modify the circumstances in which a person engages in regulated lobbying, whether by adding to or modifying— i section 1(1)(a)(i), in relation to the type of persons to whom a communication is made, ii section 1(1)(a)(i) or (ii), in relation to the type of communication which is made, c include a recommendation as to whether this Act should be amended in relation to the circumstances in which a person engaging in regulated lobbying is to provide information, to be included in the register, about expenditure incurred by the person in engaging in regulated lobbying. 5 A report under subsection (1) must be made no later than 2 years after the end of the review period. 6 The Scottish Parliament must publish a report made under subsection (1). Ancillary provision 51 1 The Scottish Ministers may by regulations make such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of, or in connection with, any provision made by or under this Act. 2 Regulations under subsection (1) may— a make different provision for different purposes, b modify any enactment (including this Act). 3 Subject to subsection (4), regulations under subsection (1) are subject to the negative procedure. 4 Regulations under subsection (1) which contain provisions that add to, replace or omit any part of the text of an Act are subject to the affirmative procedure. Commencement 52 1 This section and sections 47, 48, 51 and 53 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Different days may be appointed for different purposes. 4 Regulations under subsection (2) may contain transitional, transitory or saving provision. Short title 53 The short title of this Act is the Lobbying (Scotland) Act 2016. SCHEDULE COMMUNICATIONS WHICH ARE NOT LOBBYING (introduced by section 1) Communications made on individual's own behalf 1 A communication made by an individual on the individual's own behalf. Communications made to member for constituency or region 2 A communication made— a by an individual as an employee or in another capacity mentioned in section 1(1)(b) in the course of a business or other activity carried on by another person, b on the other person's behalf and not on behalf of a third party, and c to a member of the Scottish Parliament for the constituency or the region in which any of the following are situated— i a place where the person's business is ordinarily carried on, ii a place where the person's activity is ordinarily carried on, or iii the individual's residence. 3 However, paragraph 2 does not apply where the communication is made to a member of the Scottish Parliament who is a member of the Scottish Government or a junior Scottish Minister. 4 In paragraph 2, “constituency” and “region” are to be construed in accordance with the Scotland Act 1998. Communications not made in return for payment 5 A communication made by an individual who is not making it in return for payment. 6 For the purposes of paragraph 5— a a communication made by an individual as an employee or in another capacity mentioned in section 1(1)(b) is made in return for payment if the individual receives payment in that capacity regardless of whether the payment relates to making communications, b “payment”— i means payment of any kind, whether made directly or indirectly for making the communication, ii includes entitlement to a share of partnership profits, iii does not include reimbursement for travel, subsistence or other reasonable expenses related to making the communication. Communications by small organisations 7 A communication made— a by an individual as an employee or in another capacity mentioned in section 1(1)(b) in the course of a business or other activity carried on by another person, b on the other person's behalf and not on behalf of a third party, and c on a date when the other person has fewer than 10 full-time equivalent employees. 8 However, paragraph 7 does not apply where the communication is made in the course of a business or other activity carried on by a person if one of the person's principal purposes is to represent the interests of other persons. 9 For the purposes of paragraph 7, the number of full-time equivalent employees a person has is calculated as follows— a find the total number of hours worked by all the employees of the person in the 28 days ending with the date on which the communication was made, b divide that number by 140. 10 For the purposes of the calculation in paragraph 9, any employee who worked more than 140 hours during the period of 28 days is to be treated as having worked 140 hours. Communications in Parliament or required under statute. 11 A communication— a made in proceedings of the Parliament, b required under any statutory provision or other rule of law. Communications made on request 12 A communication about a topic which is made in response to a request for factual information or views on that topic from— a the person to whom the communication is made, or b a person acting on behalf of that person. Cross-party groups 13 A communication made in the course of a meeting of a group recognised as a cross-party group by the Parliament. Journalism 14 A communication made for the purposes of journalism. Communications in relation to terms and conditions of employment 15 A communication made by or on behalf of a person where the communication forms part of, or is directly related to, negotiations on terms and conditions of employment of the employees of the person. 16 A communication made by or on behalf of a trade union where the communication forms part of, or is directly related to, negotiations on terms and conditions of employment of the members of the trade union. 17 In paragraph 16, “ trade union ” is to be construed in accordance with section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992. Communications by political parties 18 A communication made by or on behalf of a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000. Communications by judiciary 19 A communication made by or on behalf of— a a holder of judicial office within the United Kingdom, b a member of the judiciary of an international court. 20 In paragraph 19— “ holder of judicial office within the United Kingdom ” means— a judge of a court established under the law of any part of the United Kingdom, a member of a tribunal established under the law of any part of the United Kingdom, “ member of the judiciary of an international court ” means a judge of the International Court of Justice or a member of another court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of— an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is party, or a resolution of the Security Council or General Assembly of the United Nations. Communications by Her Majesty 21 A communication made by or on behalf of Her Majesty. Government and Parliament communications etc. 22 A communication made by or on behalf of— a a member of the Scottish Parliament, b the Scottish Ministers or other office-holder in the Scottish Administration, c a local authority, d any other Scottish public authority within the meaning of the Freedom of Information (Scotland) Act 2002, e a member of the House of Commons, f a member of the House of Lords, g Her Majesty's Government in the United Kingdom, h a member of the National Assembly for Wales, i the Welsh Assembly Government, j a member of the Northern Ireland Assembly, k the First Minister of Northern Ireland, the deputy First Minister of Northern Ireland, the Northern Ireland Ministers or any Northern Ireland department, l any other public authority within the meaning of the Freedom of Information Act 2000, m a State other than the United Kingdom, n an institution of the European Union, o an international organisation. 23 In paragraph 22— “ international organisation ” means— an international organisation whose members include any two or more States, or an organ of such an international organisation, “ State ” includes— the government of any State, and any organ of such a government, and references to a State other than the United Kingdom include references to any territory outwith the United Kingdom. S. 15 in force at 6.9.2017 by S.S.I. 2017/201 , reg. 2(a) S. 20 in force at 6.9.2017 by S.S.I. 2017/201 , reg. 2(b) S. 31 in force at 6.9.2017 by S.S.I. 2017/201 , reg. 2(c) S. 41 in force at 6.9.2017 by S.S.I. 2017/201 , reg. 2(d) S. 43 in force at 6.9.2017 by S.S.I. 2017/201 , reg. 2(e) S. 44 in force at 6.9.2017 by S.S.I. 2017/201 , reg. 2(f) S. 45 in force at 6.9.2017 by S.S.I. 2017/201 , reg. 2(g) S. 49(1) (3) in force at 6.9.2017 by S.S.I. 2017/201 , reg. 2(h) S. 49(2) (4) in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 36 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 38 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 39 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 1 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 2 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 3 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 4 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 5 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 6 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 7 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 8 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 9 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 10 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 11 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 12 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 13 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 14 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 16 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 17 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 18 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 19 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 21 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 22 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 23 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 24 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 25 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 26 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 27 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 28 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 29 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 30 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 32 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 33 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 34 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 35 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 37 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 40 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 42 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 46 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 S. 50 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 1 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 2 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 3 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 4 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 5 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 6 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 7 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 8 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 9 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 10 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 11 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 12 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 13 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 14 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 15 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 16 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 17 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 18 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 19 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 20 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 21 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 22 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2 Sch. para. 23 in force at 12.3.2018 by S.S.I. 2018/73 , reg. 2
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[uk-legislation-asp][asp] 2024-05-04 Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016
http://www.legislation.gov.uk/asp/2016/14/2024-01-31
http://www.legislation.gov.uk/asp/2016/14/2024-01-31 Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 An Act of the Scottish Parliament to make provision about tobacco, nicotine and related products, in particular to make provision about retailing, to amend the prohibition on smoking in certain areas and to control advertising and promotion; to make provision about a duty of candour following serious incidents in the course of providing care; to make provision about offences applying to ill-treatment or neglect where care is provided; and for connected purposes. text text/xml en Statute Law Database 2024-01-31 Expert Participation 2024-01-31 Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 2016 asp 14 An Act of the Scottish Parliament to make provision about tobacco, nicotine and related products, in particular to make provision about retailing, to amend the prohibition on smoking in certain areas and to control advertising and promotion; to make provision about a duty of candour following serious incidents in the course of providing care; to make provision about offences applying to ill-treatment or neglect where care is provided; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 3rd March 2016 and received Royal Assent on 6th April 2016 PART 1 Tobacco, nicotine vapour products and smoking CHAPTER 1 Sale and purchase of tobacco and nicotine vapour products Nicotine vapour products Nicotine vapour products 1 After section 35 of the 2010 Act insert— Meaning of “nicotine vapour product” 35A 1 In this Part, a “nicotine vapour product” is— a a device which is intended to enable the inhalation of nicotine-containing vapour by an individual, b a device which is intended to enable the inhalation of other vapour by an individual but is intended to resemble and be operated in a similar way to a device within paragraph (a), c an item which is intended to form part of a device within paragraph (a) or (b), d a substance which is intended to be vaporised by a device within paragraph (a) or (b) (and any item containing such a substance). 2 But the following are not nicotine vapour products— a a tobacco product, b a smoking related product, c a medicinal product (within the meaning of the Human Medicines Regulations 2012 ( S.I. 2012/1916)), d a medical device (within the meaning of the Medical Devices Regulations 2002 (S.I. 2002/618)). . Sale and purchase of tobacco and nicotine vapour products Sale of nicotine vapour products to persons under 18 2 1 After section 4 of the 2010 Act insert— Sale of nicotine vapour products to persons under 18 4A 1 A person who sells a nicotine vapour product to a person under the age of 18 commits an offence. 2 It is a defence to a charge in proceedings against a person (“the accused”) under subsection (1) that— a the accused believed the person under the age of 18 (“ the customer ”) to be aged 18 or over, and b the accused had taken reasonable steps to establish the customer's age. 3 For the purposes of subsection (2)(b), the accused is to be treated as having taken reasonable steps to establish the customer's age if and only if— a the accused was shown any of the documents mentioned in subsection (4), and b that document would have convinced a reasonable person as to the customer's age. 4 The documents referred to in subsection (3)(a) are any document bearing to be— a a passport, b a European Union photocard driving licence, or c such other document, or a document of such description, as may be prescribed. 5 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. . 2 The italic heading immediately preceding section 4 of the 2010 Act becomes “ Sale and purchase of tobacco and nicotine vapour products ” . Age verification policy 3 1 After section 4A of the 2010 Act (inserted by section 2) insert— Age verification policy 4B 1 A person commits an offence if the person— a carries on a tobacco or nicotine vapour product business, and b fails to operate an age verification policy in respect of premises at which the person carries on the tobacco or nicotine vapour product business. 2 Subsection (1) does not apply to premises (“the business premises”) from which— a tobacco products, cigarette papers or nicotine vapour products are, in pursuance of a sale, despatched for delivery to different premises, and b no other tobacco or nicotine vapour product business is carried on from the business premises. 3 An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, cigarette papers or a nicotine vapour product on the premises (the “customer”) if it appears to the person selling the tobacco product, cigarette papers or nicotine vapour product that the customer may be under the age of 25 (or such older age as may be specified in the policy). 4 The Scottish Ministers may by regulations amend the age specified in subsection (3). 5 The Scottish Ministers may publish guidance on matters relating to age verification policies, including, in particular, guidance about— a steps that should be taken to establish a customer's age, b documents that may be shown to the person selling a tobacco product, cigarette papers or a nicotine vapour product as evidence of a customer's age, c training that should be undertaken by the person selling the tobacco product, cigarette papers or nicotine vapour product, d the form and content of notices that should be displayed in the premises, e the form and content of records that should be maintained in relation to an age verification policy. 6 A person who carries on a tobacco or nicotine vapour product business must have regard to guidance published under subsection (5) when operating an age verification policy. 7 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale. . 2 In section 40(4) of the 2010 Act (subordinate legislation subject to affirmative procedure) before “section 24” insert— “ section 4B(4) ” . Sale by persons under 18 4 After section 4B of the 2010 Act (inserted by section 3) insert— Sale of tobacco or nicotine vapour products by persons under 18 4C 1 A responsible person who allows a tobacco product, cigarette papers or a nicotine vapour product to be sold by a person under the age of 18 commits an offence. 2 For the purposes of subsection (1), “ responsible person ” means— a where the sale is at premises which are noted in a registered person's entry in the Register, the registered person for those premises, b where the sale is at premises which are not noted in a registered person's entry in the Register— i any employer of the person who made the sale, and ii any other person having management or control of those premises. 3 Subsection (1) does not apply to a sale which— a is made at premises which are noted in a registered person's entry in the Register, and b is authorised by the registered person for those premises. 4 Each authorisation mentioned in subsection (3)(b) must be recorded and kept at the premises at which a sale by a person under the age of 18 is made. 5 The Scottish Ministers may prescribe— a the form and content of authorisations made under subsection (3)(b), b the method of recording authorisations for the purposes of subsection (4). 6 An authorisation is, for the purposes of subsection (3)(b), deemed not to have been made, if— a it is not recorded and kept in accordance with subsection (4), or b it is not made in accordance with any provision made under subsection (5). 7 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale. . Defence of due diligence for certain offences 5 After section 4C of the 2010 Act (inserted by section 4) insert— Defence of due diligence for certain offences 4D 1 It is a defence for a person charged with an offence to which this section applies to prove that the person (or any employee or agent of the person) took all reasonable precautions and exercised all due diligence to prevent the offence being committed. 2 This section applies to an offence under any of the following provisions of this Act— a section 4(1), b section 4A(1), c section 4C(1). . Purchase of nicotine vapour products on behalf of persons under 18 6 After section 6 of the 2010 Act insert— Purchase of nicotine vapour products on behalf of persons under 18 6A 1 A person aged 18 or over who knowingly buys or attempts to buy a nicotine vapour product on behalf of a person under the age of 18 commits an offence. 2 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. . Extension of vending machine prohibition 7 1 The Scottish Ministers may by regulations amend the definition of “vending machine” in section 9(3) of the 2010 Act (prohibition of vending machines) so as to include automatic machines for the sale of nicotine vapour products. 2 In subsection (1), “ nicotine vapour products ” has the meaning given in section 35A of the 2010 Act. Register of tobacco and nicotine vapour product retailers Register of tobacco and nicotine vapour product retailers 8 1 In section 10(1) of the 2010 Act (duty to keep Register), after “tobacco” insert “ or nicotine vapour product ” . 2 In section 35(1) of the 2010 Act (interpretation)— a after the definition of “fixed penalty notice” insert— “ nicotine vapour product business ” means a business involving the sale of nicotine vapour products by retail, , and b after the definition of “tobacco business” insert— “ tobacco or nicotine vapour product business ” means a business which involves (either or both) a tobacco business or a nicotine vapour product business, . Registration and changes to the Register 9 1 In section 11 of the 2010 Act (application for registration and addition of premises etc.)— a in subsection (2), after “tobacco”, in both places where it occurs, insert “ or nicotine vapour product ” , b after subsection (2) insert— 2A An application under subsection (1) must state, in relation to each of the premises included in it, whether the applicant proposes to carry on— a a tobacco business at the premises, b a nicotine vapour product business at the premises, or c both a tobacco business and a nicotine vapour product business at the premises. , c in subsection (3)(b), for “retailing banning order, from carrying on a tobacco” substitute “ and nicotine vapour product banning order from carrying on a tobacco or nicotine vapour product ” , d in subsection (4)(b), for “business” substitute or nicotine vapour product business, noting, in relation to each of the premises, whether the applicant proposes to carry on— i a tobacco business at the premises, ii a nicotine vapour product business at the premises, or iii both a tobacco business and a nicotine vapour product business at the premises , and e in subsection (5), for “business” substitute or nicotine vapour product business, noting, in relation to each of the premises, whether the applicant proposes to carry on— a a tobacco business at the premises, b a nicotine vapour product business at the premises, or c both a tobacco business and a nicotine vapour product business at the premises . 2 In section 12 of the 2010 Act (certificates of registration)— a the existing text becomes subsection (1), and b after that subsection, insert— 2 A certificate issued under subsection (1) must state whether the premises are noted in the applicant's entry in the Register as premises at which the person carries on— a a tobacco business, b a nicotine vapour product business, or c both a tobacco business and a nicotine vapour product business. . 3 In section 13(1) of the 2010 Act (duty to notify certain changes), after paragraph (b) insert— c the fact that the person is no longer carrying on a nicotine vapour product business at an address noted in the person's entry in the Register. . 4 In section 14 of the 2010 Act (changes to and removal from Register)— a in subsection (2), for “retailing” substitute “ and nicotine vapour product ” , b in subsection (3)(b), after “tobacco” insert “ or nicotine vapour product ” , and c in subsection (5)(b), after “tobacco” insert “ or nicotine vapour product ” . Tobacco and nicotine vapour product banning orders 10 1 In section 15 of the 2010 Act (banning orders)— a in subsection (1), after “tobacco” insert “ or nicotine vapour product ” , b in subsection (2), after “tobacco” insert “ or nicotine vapour product ” , c in subsection (3)— i after “tobacco” insert “ or nicotine vapour product ” , ii in paragraph (a), for “the person has been the subject of” substitute “ there have been ” , and iii in paragraph (d), the word “further” is repealed, d in subsection (4)— i for “person is the subject of a relevant enforcement action if the person”, substitute “ relevant enforcement action occurs where a person mentioned in subsection (4A) ” , ii the word “or” immediately following paragraph (a) is repealed, iii after paragraph (b), insert , or c convicted of an offence under section 92(1)(b) or (c) of the Trade Marks Act 1994 (unauthorised use of trade mark in relation to goods) in circumstances where the goods in question are, or include, tobacco products, smoking related products or nicotine vapour products. , e after subsection (4), insert— 4A The persons are— a the person who is the subject of the application, b an employee or agent of that person. , and f in subsection (6), for “retailing” substitute “ and nicotine vapour product ” . 2 In section 16 of the 2010 Act (ancillary orders)— a in subsection (1), for “retailing”, in both places where it occurs, substitute “ and nicotine vapour product ” , b in subsection (2), after “tobacco”, in each place where it occurs, insert “ or nicotine vapour product ” , c in subsection (3)(b), for “retailing” substitute “ and nicotine vapour product ” , d in subsection (4), for “retailing” substitute “ and nicotine vapour product ” , and e in subsection (5), for “retailing” substitute “ and nicotine vapour product ” . 3 In section 17 of the 2010 Act (appeals), for “retailing”, in both places where it occurs, substitute “ and nicotine vapour product ” . 4 In section 18(1) of the 2010 Act (notification to Scottish Ministers), for “retailing” substitute “ and nicotine vapour product ” . 5 In section 19 of the 2010 Act (display of notices)— a in subsection (1)(a), for “retailing” substitute “ and nicotine vapour product ” , b in subsection (3), for “retailing”, in both places where it occurs, substitute “ and nicotine vapour product ” , and c for subsection (4), for “or smoking related products” substitute “ , smoking related products or nicotine vapour products ” . Offences relating to the Register 11 In section 20 of the 2010 Act (offences relating to the Register)— a in subsection (1), after “tobacco” insert “ or nicotine vapour product ” , b in subsection (2), after “Register” insert “ as premises at which the person carries on a tobacco business (or both a tobacco business and a nicotine vapour product business) ” , c after subsection (2) insert— 2A A registered person who carries on a nicotine vapour product business at premises other than those noted in the person's entry in the Register as premises at which the person carries on a nicotine vapour product business (or both a tobacco business and a nicotine vapour product business) commits an offence. , d in subsection (4), for “retailing” substitute “ and nicotine vapour product ” , and e in subsection (6)(a), after “(2)” insert “ , (2A) ” . Public inspection of the Register 12 In section 21(1) of the 2010 Act (public inspection of the Register), for “at which tobacco businesses are carried on or proposed to be carried on” substitute , specifying for each of those premises whether there is carried on, or there is proposed to be carried on— a a tobacco business, b a nicotine vapour product business, or c both a tobacco business and a nicotine vapour product business . The 2010 Act : miscellaneous Power to exclude certain premises 13 In section 35(1) of the 2010 Act (interpretation), in the definition of “premises”, for “, vessel, or moveable structure” substitute “ or moveable structure (and, for this purpose, “ vehicle ” includes any aircraft or ship, boat or other water-going vessel, other than one of a prescribed description) ” . Presumption as to contents of container 14 In section 33(1) of the 2010 Act (presumption as to contents of container), for “5 or 6” substitute “ 4A, 4B, 4C, 5, 6, 6A or 9 ” . Part 1 of the 2010 Act: miscellaneous 15 1 The title of Chapter 1 of Part 1 of the 2010 Act becomes “ Display, sale and purchase ” . 2 The title of section 10 of the 2010 Act becomes “ Register of tobacco and nicotine vapour product retailers ” . 3 The title of section 15 of the 2010 Act becomes “ Tobacco and nicotine vapour product banning orders ” . 4 The title of section 16 of the 2010 Act becomes “ Tobacco and nicotine vapour product banning orders: ancillary orders ” . 5 The title of section 17 of the 2010 Act becomes “ Tobacco and nicotine vapour product banning orders etc.: appeals ” . 6 The title of section 18 of the 2010 Act becomes “ Tobacco and nicotine vapour product banning orders etc.: notification to Scottish Ministers ” . 7 The title of section 19 of the 2010 Act becomes “ Tobacco and nicotine vapour product banning orders: display of notices ” . 8 The italic heading immediately preceding section 15 of the 2010 Act becomes “ Tobacco and nicotine vapour product banning orders ” . 9 The italic heading immediately preceding section 21 of the 2010 Act becomes “ Register of tobacco and nicotine vapour product retailers: miscellaneous and supplementary ” . 10 The title of Chapter 2 of Part 1 of the 2010 Act becomes “ Register of tobacco and nicotine vapour product retailers ” . 11 The title of Part 1 of the 2010 Act becomes “ Tobacco and nicotine vapour products etc. ” . Interpretation Meaning of “the 2010 Act” 16 In this Part, “ the 2010 Act ” means the Tobacco and Primary Medical Services (Scotland) Act 2010. CHAPTER 2 Advertising and promotion of nicotine vapour products Advertising and brandsharing 17 1 The Scottish Ministers may by regulations make provision prohibiting or restricting an activity, in the course of a business, which relates to— a a nicotine vapour product advert, b nicotine vapour product brandsharing. 2 Regulations under subsection (1) may in particular— a make provision for offences and penalties for a person who contravenes a prohibition or restriction on an activity mentioned in subsection (1), b provide for exceptions to the offences, c provide for defences to the offences, d impose on a person a duty to enforce the provisions in the regulations and, in relation to such a duty, apply with modifications, or make provision equivalent to, sections 25 and 26 of Chapter 3 of the 2010 Act, e provide powers to a person whose duty it is to enforce the provisions and, in relation to such powers, apply with modifications, or make provision equivalent to, sections 28 to 32 of Chapter 3 of the 2010 Act. 3 The maximum penalties that may be provided for in regulations under subsection (1) for a person who commits an offence under those regulations are— a on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both, b on conviction on indictment, imprisonment for a term not exceeding 2 years or a fine or both. 4 In this section— “ nicotine vapour product ” has the meaning given in section 35A of the 2010 Act, “ nicotine vapour product advert ” means a published advertisement or a display whose purpose or effect is to promote a nicotine vapour product, “ nicotine vapour product brandsharing ” means the use of any name, emblem or other feature where— the name, emblem or other feature is used in connection with— any service or product (other than a nicotine vapour product) and the name, emblem or other feature used is the same as, or similar to, a name, emblem or other feature connected with a nicotine vapour product, or any nicotine vapour product and the name, emblem or other feature used is the same as, or similar to, a name, emblem or other feature connected with any service or product other than a nicotine vapour product, and the purpose or effect of the use is to promote a nicotine vapour product, “ public ” means the public at large, or any section of the public or individually selected members of the public, “ published ” means published, distributed or otherwise made available to the public, in any form and by any means. Free distribution and nominal pricing 18 1 The Scottish Ministers may by regulations make provision prohibiting or restricting, in the course of a business— a giving away to the public any product or coupon (separately or with something else), where the purpose or effect is to promote a nicotine vapour product, b making products or coupons available to the public (separately or with something else) for a nominal sum, where the purpose or effect is to promote a nicotine vapour product. 2 Regulations under subsection (1) may in particular— a make provision for offences and penalties for a person who contravenes a prohibition or restriction mentioned in subsection (1), b make further provision about the circumstances in which a product or coupon is to be treated as being made available for a nominal sum, c provide for exceptions to the offences mentioned in paragraph (a), d provide for defences to the offences, e impose on a person a duty to enforce the provisions in the regulations and, in relation to such a duty, apply with modifications, or make provision equivalent to, sections 25 and 26 of the 2010 Act, f provide powers to a person whose duty it is to enforce the provisions and, in relation to such powers, apply with modifications, or make provision equivalent to, sections 28 to 32 of the 2010 Act. 3 The maximum penalties that may be provided for in regulations under subsection (1) for a person who commits an offence under those regulations are— a on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both, b on conviction on indictment, imprisonment for a term not exceeding 2 years or a fine or both. 4 In this section— “ coupon ” means a document or other thing which, by itself or not, can be redeemed for a product or service or for cash or for any other benefit, “ nicotine vapour product ” has the meaning given in section 35A of the 2010 Act, “ public ” means the public at large, or any section of the public or individually selected members of the public. Sponsorship 19 1 The Scottish Ministers may by regulations make provision prohibiting or restricting the entering into, in the course of a business, of a sponsorship agreement, where the purpose or effect of anything done as a result of the agreement is to promote a nicotine vapour product. 2 Regulations under subsection (1) may in particular— a make provision for offences and penalties for a person who contravenes a prohibition or restriction mentioned in subsection (1), b provide for exceptions to the offences, c provide for defences to the offences, d impose on a person a duty to enforce the provisions in the regulations and, in relation to such a duty, apply with modifications, or make provision equivalent to, sections 25 and 26 of the 2010 Act, e provide powers to a person whose duty it is to enforce the provisions and, in relation to such powers, apply with modifications, or make provision equivalent to, sections 28 to 32 of the 2010 Act. 3 The maximum penalties that may be provided for in regulations under subsection (1) for a person who commits an offence under those regulations are— a on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both, b on conviction on indictment, imprisonment for a term not exceeding 2 years or a fine or both. 4 In this section— “ nicotine vapour product ” has the meaning given in section 35A of the 2010 Act, “ sponsorship agreement ” means an agreement under which a party to it makes a contribution towards something, whether the contribution is in money or takes any other form (for example, the provision of services or of contributions in kind). CHAPTER 3 Smoking outside hospitals Smoking outside hospitals 20 1 The Smoking, Health and Social Care (Scotland) Act 2005 is modified as follows. 2 After section 4 insert— Offence of permitting others to smoke outside hospital building 4A 1 A person who, having the management and control of the no-smoking area outside a hospital building, knowingly permits another to smoke there commits an offence. 2 A person accused of an offence under this section is to be regarded as having knowingly permitted another to smoke in the no-smoking area outside a hospital building if that person ought to have known that the other person was smoking there. 3 It is a defence for an accused charged with an offence under this section to prove— a that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence, or b that there were no lawful and reasonably practicable means by which the accused could prevent the other person from smoking in the no-smoking area outside a hospital building. 4 A person who commits an offence under this section is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale. Offence of smoking outside hospital building 4B 1 A person who smokes within the no-smoking area outside a hospital building commits an offence. 2 It is a defence for an accused charged with an offence under this section to prove that the accused did not know, and could not reasonably be expected to have known, that the place in which it is alleged the accused was smoking was within the no-smoking area outside a hospital building. 3 A person who commits an offence under this section is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. Display of warning notices in hospital buildings and on hospital grounds 4C 1 The Health Board for the area in which a hospital is situated must conspicuously display no-smoking notices at every entrance to the hospital grounds. 2 The person having the management and control of a hospital building must conspicuously display no-smoking notices at every entrance to the building. 3 A no-smoking notice is a notice stating that it is an offence to smoke in the no-smoking area outside a hospital building or knowingly to permit smoking there. 4 The Scottish Ministers may by regulations make further provision as to the manner of display, form and content of no-smoking notices. 5 A person who fails to display no-smoking notices in accordance with subsection (2) (and regulations made under subsection (4) insofar as they relate to the duty under subsection (2)) commits an offence. 6 A person who commits an offence under subsection (5) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. Meaning of “no-smoking area outside a hospital building” and related expressions 4D 1 For the purposes of this Part, the “no-smoking area outside a hospital building” is the area— a lying immediately outside the hospital building, and b bounded by a perimeter the specified distance from the building, but only insofar as the area forms part of hospital grounds. 2 The Scottish Ministers may by regulations— a specify the distance for the purposes of subsection (1)(b), b make further provision about determining the perimeter around a building for the purposes of that subsection. 3 In this Part— “ hospital ” means a health service hospital (as defined in section 108(1) of the National Health Service (Scotland) Act 1978), “ hospital building ” means a building situated on hospital grounds, “ hospital grounds ”, in relation to a hospital, means land in the vicinity of the hospital and associated with it. 4 The Scottish Ministers may by regulations— a provide that hospitals of a specified description are not hospitals for the purposes of this Part, b provide that land of a specified description is or is not to be considered “hospital grounds” and otherwise make further provision to elaborate the meaning of “ hospital grounds ” for the purposes of this Part, c provide that buildings of a specified description are not hospital buildings for the purposes of this Part, d provide that land of a specified description does not form part of the no-smoking area outside a hospital building for the purposes of this Part. 5 Regulations under subsection (4) may modify the application of section 4C as the Scottish Ministers consider appropriate. . 3 In section 5(1) (proceedings for offences), for “or 3” substitute “ , 3, 4A, 4B or 4C(5) ” . 4 The section title of section 5 becomes “ Proceedings for offences under sections 1 to 3 and 4A to 4C ” . 5 In section 6(2) (fixed penalties), for “or 3” substitute “ , 3, 4A, 4B or 4C(5) ” . 6 In section 7 (powers to enter and require identification)— a after subsection (1) insert— 1A An authorised officer of the appropriate council may enter and search any hospital grounds to ascertain whether an offence under section 4A, 4B or 4C(5) has been or is being committed there. , b in subsection (3)(a)(i), for “or 3” substitute “ , 3, 4A, 4B or 4C(5) ” , c in subsection (5), in the definition of “the appropriate council”— i the words “in relation to no-smoking premises, the council of the area in which those premises are” become paragraph (a), ii after that paragraph insert— b in relation to a no-smoking area outside a hospital building, the council of the area in which the hospital is. . 7 In section 40(3)(a) (regulations or orders), for “or 4(2) or (8)” substitute “ , 4(2) or (8) or 4D(2)(a) or (4)(a) ” . 8 In schedule 1— a in paragraph 1(1), after “premises” insert “ or under section 4A within the no-smoking area outside a hospital ” , b in paragraph 1(2), for “or 3” substitute “ , 3, 4A, 4B or 4C(5) ” , c in paragraph 1(3), for “or 3” substitute “ , 3, 4A, 4B or 4C(5) ” , d in paragraph 2, for “or 3” substitute “ , 3, 4A, 4B or 4C(5) ” , e in paragraph 4(1), for “or 3” substitute “ , 3, 4A, 4B or 4C(5) ” , f the title becomes “ Fixed penalty for offences under sections 1, 2, 3, 4A, 4B and 4C(5) ” . PART 2 Duty of candour Duty of candour procedure Incident which activates duty of candour procedure 21 1 A responsible person must follow the duty of candour procedure set out in section 22 as soon as reasonably practicable after becoming aware that subsection (2) applies to a person who has received— a a health service from the responsible person, b a care service from the responsible person, or c a social work service from the responsible person. 2 This subsection applies to a person if— a an unintended or unexpected incident occurred in the provision of a health service, a care service or a social work service to the person, and b in the reasonable opinion of a registered health professional— i that incident appears to have resulted in or could result in an outcome mentioned in subsection (4), and ii that outcome relates directly to the incident rather than to the natural course of the person's illness or underlying condition. 3 For the purposes of subsection (2)(b), a responsible person must ensure that the registered health professional who gives the opinion following an unintended or unexpected incident is not an individual who was involved in the incident. 4 The outcomes are— a the death of the person, b a permanent lessening of bodily, sensory, motor, physiologic or intellectual functions (including removal of the wrong limb or organ or brain damage) (“severe harm”), c harm which is not severe harm but which results in— i an increase in the person's treatment, ii changes to the structure of the person's body, iii the shortening of the life expectancy of the person, iv an impairment of the sensory, motor or intellectual functions of the person which has lasted, or is likely to last, for a continuous period of at least 28 days, v the person experiencing pain or psychological harm which has been, or is likely to be, experienced by the person for a continuous period of at least 28 days, d the person requiring treatment by a registered health professional in order to prevent— i the death of the person, or ii any injury to the person which, if left untreated, would lead to one or more of the outcomes mentioned in paragraph (b) or (c). 5 The Scottish Ministers may by regulations modify subsection (4). Duty of candour procedure 22 1 The “ duty of candour procedure ” means the actions to be taken by the responsible person in accordance with regulations made by the Scottish Ministers. 2 Regulations under subsection (1) may in particular make provision about— a the notification to be given by the responsible person, b the apology to be provided by the responsible person to the relevant person, c the actions to be taken by the responsible person to offer and arrange a meeting with the relevant person, including asking the relevant person whether the relevant person wishes to receive an account of the incident as mentioned in section 21(2) or information about further steps taken, d the actions which must be taken at, and following, such a meeting, e an account of the incident as mentioned in section 21(2), information about further steps taken and any other information to be provided by the responsible person, f the form and manner in which information must be provided, g the circumstances in which the responsible person is to make available, or provide information about, support to persons affected by the incident, h the keeping of information by the responsible person, i steps to be taken by the responsible person— i to review the circumstances leading to the incident, and ii following such a review, even if the relevant person has advised that the relevant person does not wish to receive an account of the incident as mentioned in section 21(2) or information about further steps taken, j training to be undertaken by a responsible person, k training, supervision and support to be provided by a responsible person to any person carrying out any part of the procedure on behalf of the responsible person. 3 In this section “ relevant person ” means— a the person who has received the health service, the care service or the social work service, or b where that person— i has died, or ii is, in the opinion of the responsible person, lacking in capacity or otherwise unable to make decisions about the service provided, a person acting on behalf of that person. Apologies 23 1 For the purposes of this Part, an “ apology ” means a statement of sorrow or regret in respect of the unintended or unexpected incident. 2 An apology or other step taken in accordance with the duty of candour procedure under section 22 does not of itself amount to an admission of negligence or a breach of a statutory duty. Reporting and monitoring 24 1 A responsible person who provides a health service, a care service or a social work service during a financial year must prepare an annual report on the duty of candour as soon as reasonably practicable after the end of that financial year. 2 The report must set out in relation to the financial year— a information about the number and nature of incidents to which the duty under section 21(1) has applied in relation to a health service, a care service or a social work service provided by the responsible person, b an assessment of the extent to which the responsible person carried out the duty under section 21(1), c information about the responsible person's policies and procedures in relation to the duty under section 21(1), including information about— i procedures for identifying and reporting incidents, and ii support available to staff and to persons affected by incidents, d information about any changes to the responsible person's policies and procedures as a result of incidents to which the duty under section 21(1) has applied, and e such other information as the responsible person thinks fit. 3 A report must not— a mention the name of any individual, or b contain any information which, in the responsible person's opinion, is likely to identify any individual. 4 The responsible person must publish a report prepared under subsection (1) in such manner as the responsible person thinks appropriate. 5 On publishing a report, the responsible person must notify— a Healthcare Improvement Scotland, in the case of a report published by a responsible person which provides an independent health care service (within the meaning of section 10F(1) of the 1978 Act), b the Scottish Ministers, in the case of a report published by any other responsible person which provides a health service, c Social Care and Social Work Improvement Scotland, in the case of a report published by a responsible person which provides a care service or a social work service. 6 A person mentioned in subsection (7) may, for the purpose of monitoring compliance with the provisions of this Part, serve a notice on a responsible person requiring— a the responsible person to provide the person serving the notice with information about any matter mentioned in subsection (2) as specified in the notice, and b that information to be provided within the time specified in the notice. 7 The persons are— a Healthcare Improvement Scotland, in relation to a responsible person which provides an independent health care service (within the meaning of section 10F(1) of the 1978 Act), b the Scottish Ministers, in relation to any other responsible person which provides a health service, c Social Care and Social Work Improvement Scotland, in relation to a responsible person which provides a care service or a social work service. 8 The Scottish Ministers, Healthcare Improvement Scotland and Social Care and Social Work Improvement Scotland may publish a report on compliance with the provisions of this Part by responsible persons. Interpretation Interpretation of Part 2 25 1 In this Part— “ the 1978 Act ” means the National Health Service (Scotland) Act 1978, “ care service ” has the meaning given by section 47(1) of the Public Services Reform (Scotland) Act 2010, except that it does not include a service mentioned in paragraph (k) of that section (child minding), “ health service ” means— services under the health service continued under section 1 of the 1978 Act, and an independent health care service mentioned in section 10F(1) of the 1978 Act, “ provide ” in relation to a health service, a care service and a social work service means to carry on or manage such a service, “ registered health professional ” means a member of a profession to which section 60(2) of the Health Act 1999 applies, “ responsible person ” means— a Health Board constituted under section 2(1) of the 1978 Act, a person (other than an individual) who has entered into a contract, agreement or arrangement with a Health Board to provide a health service, the Common Services Agency for the Scottish Health Service constituted under section 10(1) of the 1978 Act, a person (other than an individual) providing an independent health care service mentioned in section 10F(1) of the 1978 Act, a local authority, a person (other than an individual) who provides a care service, an individual who provides a care service and who employs, or has otherwise made arrangements with, other persons to assist with the provision of that service (unless the assistance in providing that service is merely incidental to the carrying out of other activities), a person (other than an individual) who provides a social work service, “ social work services ” has the meaning given by section 48 of the Public Services Reform (Scotland) Act 2010. 2 The Scottish Ministers may by regulations modify the definition of “responsible person” in subsection (1). PART 3 Ill-treatment and wilful neglect Offences by care workers and care providers Care worker offence 26 1 An individual commits an offence if the individual— a has the care of another individual by virtue of being a care worker, and b ill-treats or wilfully neglects that individual. 2 An individual who commits an offence under subsection (1) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). Care provider offence 27 1 A care provider commits an offence if— a an individual who has the care of another individual by virtue of being part of the care provider's arrangements ill-treats or wilfully neglects that individual, b the care provider's activities are managed or organised in a way which amounts to a gross breach of a relevant duty of care owed by the care provider to the individual who is ill-treated or neglected, and c in the absence of the breach, the ill-treatment or wilful neglect would not have occurred or would have been less likely to occur. 2 An individual is “part of a care provider's arrangements” where the individual— a is not the care provider, but b provides adult health care or adult social care as part of the adult health care or adult social care provided or arranged for by the care provider, including where the individual is not the care provider but supervises or manages individuals providing adult health care or adult social care as described in paragraph (b) or is a director or similar officer of an organisation which provides adult health care or adult social care as described there. 3 In this section— a a “ relevant duty of care ” means a duty owed in connection with providing, or arranging for the provision of, adult health care or adult social care, b a breach of a relevant duty of care is a “gross” breach if the conduct alleged to amount to the breach falls far below what can reasonably be expected of the care provider in the circumstances. 4 A care provider who commits an offence under subsection (1) is liable— a on summary conviction, to a fine not exceeding the statutory maximum, b on conviction on indictment, to a fine. Meaning of “care worker” and “care provider” etc. 28 1 In this Part, “ care worker ” means— a an employee who provides adult health care or adult social care, b a volunteer who provides adult health care or adult social care, c an individual who supervises or manages employees or volunteers providing adult health care or adult social care, d a director or similar officer of an organisation whose employees or volunteers provide adult health care or adult social care. 2 For the purposes of subsection (1)— a “ employee ” means an individual in paid employment, whether under a contract of service or apprenticeship or under a contract for services, b “ volunteer ” means a volunteer for a body, other than a public or local authority, the activities of which are not carried on for profit. 3 In this Part, “ care provider ” means— a a body corporate, a partnership or an unincorporated association which provides or arranges for the provision of— i adult health care, or ii adult social care, or b an individual who provides that care and employs, or has otherwise made arrangements with, other persons to assist with the provision of that care. 4 In this section— a references to a person providing adult health care or adult social care do not include a person whose provision of that care is merely incidental to the carrying out of other activities by the person, and b references to a person arranging for the provision of that care do not include a person who makes arrangements under which the provision of care is merely incidental to the carrying out of other activities. 5 In this Part— “ adult health care ” means a service for or in connection with the prevention, diagnosis or treatment of illness provided to an individual aged 18 or over— under the health service continued under section 1 of the National Health Service (Scotland) Act 1978, or by persons providing an independent health care service mentioned in section 10F(1) of that Act, “ adult social care ” means a service— in section 47(1)(a), (b), (d) or (m) of the Public Services Reform (Scotland) Act 2010 to the extent that the service is provided to an individual aged 18 or over, or in section 47(1)(g) or (j) of that Act to the extent that the service is provided to an individual aged 16 or over. Disclosure of conviction for offence under section 26 29 In schedule 8A of the Police Act 1997 (offences which must always be disclosed), after paragraph 55 insert— 55A An offence under section 26 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (care worker offence). . Remedial orders and publicity orders Power to order offence to be remedied or publicised 30 1 This section applies where a care provider is convicted by a court of an offence under section 27(1). 2 The court may, instead of or in addition to dealing with the care provider in any other way, make either or both of the following orders— a a remedial order, b a publicity order. 3 A “remedial order” is an order requiring the care provider to take specified steps to remedy one or more of the following— a the breach mentioned in section 27(1)(b) (the “relevant breach”), b any matter that appears to the court to have resulted from the relevant breach and to be connected with the ill-treatment or neglect, c any deficiency in the care provider's policies, systems or practices of which the relevant breach appears to the court to be an indication. 4 A “publicity order” is an order requiring the care provider to publicise in a specified manner— a the fact that the care provider has been convicted of the offence, b specified particulars of the offence, c the amount of any fine imposed, d the terms of any remedial order made. 5 An order made under subsection (2) is to be taken to be a sentence for the purposes of an appeal. 6 The court may make an order under subsection (2)— a at its own instance, or b on the motion of the prosecutor. 7 An order made under subsection (2) must specify a period (the “compliance period”) within which the requirements specified in the order must be complied with. 8 On an application by the care provider in respect of whom the order under subsection (2) was made, the court may— a extend the compliance period, b vary the steps specified in a remedial order. 9 An application under subsection (8) must be made before the end of the compliance period. 10 A care provider who fails to comply with an order made under subsection (2) commits an offence. 11 A care provider who commits an offence under subsection (10) is liable— a on summary conviction, to a fine not exceeding the statutory maximum, b on conviction on indictment, to a fine. Remedial and publicity orders: prosecutor's right of appeal 31 1 The Criminal Procedure (Scotland) Act 1995 is amended in accordance with this section. 2 In section 108 (Lord Advocate's right of appeal against disposal)— a in subsection (1), after paragraph (cd) insert— ce a decision under section 30(2) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 not to make a remedial order, cf a decision under section 30(2) of that Act not to make a publicity order, , b in subsection (2)(b)(ii), for the words “or (cd)” substitute “ , (cd), (ce) or (cf) ” . 3 In section 175 (right of appeal from summary proceedings)— a in subsection (4), after paragraph (cd) insert— ce a decision under section 30(2) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 not to make a remedial order, cf a decision under section 30(2) of that Act not to make a publicity order, , b in subsection (4A)(b)(ii), for “or (cd)” substitute “ , (cd), (ce) or (cf) ” . Ill-treatment and wilful neglect of mentally disordered person Penalty for ill-treatment and wilful neglect of mentally disordered person 32 In section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (ill-treatment and wilful neglect of mentally disordered person)— a in subsection (3)(b), for “2” substitute “ 5 ” , b for subsection (4), substitute— 4 In subsection 1(c), “ provides care services ” means anything done— a by a care service, b by an employee of a care service, or c in the course of a service provided or supplied by a care service, whether by virtue of a contract of employment or any other contract or in circumstances as may be prescribed by regulations. , c after subsection (4), insert— 5 For the purposes of subsection (4), “ care service ” means a service mentioned in section 47(1)(a), (b), (d), (f), (g), (j) or (m) of the Public Services Reform (Scotland) Act 2010. . PART 4 Provision of communication equipment Duty to provide or secure communication equipment 33 After section 46 of the National Health Service (Scotland) Act 1978, insert— Provision of communication equipment 46A The Scottish Ministers must, to such extent as they consider necessary to meet all reasonable requirements, provide or secure the provision of— a communication equipment, and b support in using that equipment, to any person who has lost their voice or has difficulty speaking. . PART 5 Final provisions Regulations 34 1 Any power of the Scottish Ministers to make regulations under this Act includes power to make— a different provision for different purposes, b incidental, supplementary, consequential, transitional, transitory or saving provision. 2 Regulations— a under section 17(1), b under section 18(1), c under section 19(1), d under section 21(5), e under section 25(2), f under section 35(1) which contain provisions that add to, replace or omit any part of the text of an Act, are subject to the affirmative procedure. 3 All other regulations under this Act are subject to the negative procedure. 4 This section does not apply to regulations under section 36. Ancillary provision 35 1 The Scottish Ministers may by regulations make such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of, or in connection with, any provision made by or under this Act. 2 Regulations under subsection (1) may modify any enactment (including this Act). Commencement 36 1 This section and sections 34, 35 and section 37 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Different days may be appointed for different purposes. 4 Regulations under subsection (2) may contain transitional, transitory or saving provision. Short title 37 The short title of this Act is the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016. S. 1 in force at 6.2.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 2 in force at 6.2.2017 for specified purposes by S.S.I. 2017/12 , reg. 2 , sch. S. 4 in force at 6.2.2017 for specified purposes by S.S.I. 2017/12 , reg. 2 , sch. S. 8 in force at 6.2.2017 for specified purposes by S.S.I. 2017/12 , reg. 2 , sch. S. 9(1) in force at 6.2.2017 for specified purposes by S.S.I. 2017/12 , reg. 2 , sch. S. 10 in force at 6.2.2017 for specified purposes by S.S.I. 2017/12 , reg. 2 , sch. S. 13 in force at 6.2.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 16 in force at 6.2.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 9(1) in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/12 , reg. 2 , sch. S. 15(1)(2)(9)-(11) in force at 1.4.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 2 in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/12 , reg. 2 , sch. S. 3 in force at 1.4.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 4 in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/12 , reg. 2 , sch. S. 5 in force at 1.4.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 6 in force at 1.4.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 8 in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/12 , reg. 2 , sch. S. 12 in force at 1.4.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 14 in force at 1.4.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 7 in force at 1.4.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 9(2)-(4) in force at 1.4.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 10 in force at 1.10.2017 in so far as not already in force by S.S.I. 2017/12 , reg. 2 , sch. S. 11 in force at 1.10.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 15(3)-(8) in force at 1.10.2017 by S.S.I. 2017/12 , reg. 2 , sch. S. 21 in force at 1.10.2017 for specified purposes by S.S.I. 2017/294 , reg. 2 , sch. S. 22 in force at 1.10.2017 for specified purposes by S.S.I. 2017/294 , reg. 2 , sch. S. 23 in force at 1.10.2017 for specified purposes by S.S.I. 2017/294 , reg. 2 , sch. S. 25(1) in force at 1.10.2017 for specified purposes by S.S.I. 2017/294 , reg. 2 , sch. S. 26 in force at 1.10.2017 by S.S.I. 2017/294 , reg. 2 , sch. S. 27 in force at 1.10.2017 by S.S.I. 2017/294 , reg. 2 , sch. S. 28 in force at 1.10.2017 by S.S.I. 2017/294 , reg. 2 , sch. S. 29 in force at 1.10.2017 by S.S.I. 2017/294 , reg. 2 , sch. S. 30 in force at 1.10.2017 by S.S.I. 2017/294 , reg. 2 , sch. S. 31 in force at 1.10.2017 by S.S.I. 2017/294 , reg. 2 , sch. S. 32 in force at 1.10.2017 by S.S.I. 2017/294 , reg. 2 , sch. S. 33 in force at 19.3.2018 by S.S.I. 2018/26 , reg. 2 S. 25(1) in force at 1.4.2018 in so far as not already in force by S.S.I. 2018/56 , art. 2 , sch. S. 25(2) in force at 1.4.2018 by S.S.I. 2018/56 , art. 2 , sch. S. 21 in force at 1.4.2018 in so far as not already in force by S.S.I. 2018/56 , art. 2 , sch. S. 22 in force at 1.4.2018 in so far as not already in force by S.S.I. 2018/56 , art. 2 , sch. S. 23 in force at 1.4.2018 in so far as not already in force by S.S.I. 2018/56 , art. 2 , sch. S. 24 in force at 1.4.2018 by S.S.I. 2018/56 , art. 2 , sch. S. 20 in force at 2.3.2022 for specified purposes by S.S.I. 2022/43 , reg. 2 , sch. S. 20 in force at 5.9.2022 in so far as not already in force by S.S.I. 2022/43 , reg. 2 , sch. S. 17 in force at 31.1.2024 by S.S.I. 2024/1 , reg. 2 S. 18 in force at 31.1.2024 by S.S.I. 2024/1 , reg. 2 S. 19 in force at 31.1.2024 by S.S.I. 2024/1 , reg. 2
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[uk-legislation-asp][asp] 2024-05-04 Scottish Elections (Dates) Act 2016
http://www.legislation.gov.uk/asp/2016/13/2020-10-01
http://www.legislation.gov.uk/asp/2016/13/2020-10-01 Scottish Elections (Dates) Act 2016 An Act of the Scottish Parliament to make provision about the determination of the day of the poll at the first ordinary general election for membership of the Scottish Parliament after 2016 and about the year in which local government elections fall to be held. text text/xml en Statute Law Database 2020-12-10 Expert Participation 2020-10-01 Scottish Elections (Dates) Act 2016 2016 asp 13 An Act of the Scottish Parliament to make provision about the determination of the day of the poll at the first ordinary general election for membership of the Scottish Parliament after 2016 and about the year in which local government elections fall to be held. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th February 2016 and received Royal Assent on 30th March 2016 Date of general election for Scottish Parliament 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Year of local government elections 2 1 Section 5 of the Local Government etc. (Scotland) Act 1994 (elections etc. of councillors) is amended as follows. 2 In subsection (1B) the words “, and ordinary elections shall take place every fourth year after that” are repealed. 3 After subsection (1B) insert— 1C After the ordinary election of councillors in 2017 the next ordinary election shall take place in 2022, and ordinary elections shall take place every fourth year after that. . Commencement 3 This Act comes into force on the day after Royal Assent. Short title 4 The short title of this Act is the Scottish Elections (Dates) Act 2016. S. 1 repealed (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12) , ss. 1(2) , 35 ; S.S.I. 2020/278 , reg. 2 , sch.
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[uk-legislation-asp][asp] 2024-05-04 Land and Buildings Transaction Tax (Amendment) (Scotland) Act 2016
http://www.legislation.gov.uk/asp/2016/11/2016-04-01
http://www.legislation.gov.uk/asp/2016/11/2016-04-01 Land and Buildings Transaction Tax (Amendment) (Scotland) Act 2016 An Act of the Scottish Parliament to amend the Land and Buildings Transaction Tax (Scotland) Act 2013 to make provision about an additional amount of tax to be chargeable in respect of certain transactions relating to dwellings. text text/xml en Statute Law Database 2017-11-23 2016-04-01 Land and Buildings Transaction Tax (Amendment) (Scotland) Act 2016 2016 asp 11 An Act of the Scottish Parliament to amend the Land and Buildings Transaction Tax (Scotland) Act 2013 to make provision about an additional amount of tax to be chargeable in respect of certain transactions relating to dwellings. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 8th March 2016 and received Royal Assent on 24th March 2016 Land and buildings transaction tax: second homes etc. 1 1 The Land and Buildings Transaction Tax (Scotland) Act 2013 is amended as follows. 2 After section 26 insert— Additional amount: transactions relating to second homes etc. 26A Schedule 2A makes provision about an additional amount of tax chargeable in respect of certain chargeable transactions. . 3 After schedule 2 insert— SCHEDULE 2A ADDITIONAL AMOUNT: TRANSACTIONS RELATING TO SECOND HOMES ETC. (introduced by section 26A) PART 1 OVERVIEW Overview 1 1 This schedule makes provision about an additional amount of tax chargeable in respect of certain chargeable transactions. 2 It is arranged as follows— Part 2 identifies the transactions to which this schedule applies, Part 3 sets out the additional amount of tax, Part 4 contains provision about the application of this schedule in relation to certain types of buyer, Part 5 provides for repayment of and relief from the additional amount of tax in certain cases, Part 6 contains special rules about the meaning of ownership of dwellings for the purposes of this schedule, Part 7 contains general provision including powers to modify this schedule. PART 2 TRANSACTIONS TO WHICH THIS SCHEDULE APPLIES Transactions relating to second homes etc. 2 1 This schedule applies to a chargeable transaction if the following conditions are satisfied— a the subject-matter of the transaction consists of or includes the acquisition of ownership of a dwelling, b the relevant consideration for the transaction is £40,000 or more, c at the end of the day that is the effective date of the transaction, the buyer owns more than one dwelling, and d either— i the buyer is not replacing the buyer's only or main residence, or ii the buyer is replacing the buyer's only or main residence but the subject-matter of the transaction also includes the acquisition of ownership of one or more other dwellings in addition to the one that the buyer intends to occupy as the buyer's only or main residence. 2 A buyer is replacing the buyer's only or main residence if— a during the period of 18 months ending with the effective date of the transaction, the buyer has disposed of the ownership of a dwelling, b that dwelling was the buyer's only or main residence at any time during the period of 18 months, and c on the effective date of the transaction, the buyer intends to occupy the dwelling that is or forms part of the subject-matter of the transaction as the buyer's only or main residence. Transactions where buyer is a non-individual etc. 3 1 This schedule applies to a chargeable transaction if the following conditions are satisfied— a the subject-matter of the transaction consists of or includes the acquisition of ownership of a dwelling, b the relevant consideration for the transaction is £40,000 or more, and c the buyer— i is not an individual, or ii is an individual and sub-paragraph (2) or (5) applies. 2 This sub-paragraph applies if the acquisition is made in the course of a business of the individual the sole or main activity of which is investing or dealing in chargeable interests. 3 Sub-paragraph (2) of paragraph 31 of schedule 17 applies for the purposes of sub-paragraph (2) of this paragraph as it applies for the purposes of paragraph 31(1) of that schedule. 4 In sub-paragraph (2), the reference to a business of the individual includes a reference to a business of a partnership of which the individual is a partner. 5 This sub-paragraph applies if the individual is making the acquisition as trustee under a settlement and, in relation to any dwelling that is or forms part of the subject-matter of the transaction, there is no interested beneficiary. 6 For the purposes of sub-paragraph (5), a beneficiary under the settlement is an interested beneficiary in relation to a dwelling if the beneficiary has or will have a relevant interest in the dwelling. PART 3 THE ADDITIONAL AMOUNT Additional amount 4 1 Where this schedule applies to a chargeable transaction, the amount of tax chargeable in respect of the transaction (as determined under section 25(1) or 26(1)) is increased by the additional amount. 2 The additional amount is an amount equal to 3% of the relevant consideration. 3 The relevant consideration is— a in a case where the transaction is a residential property transaction, the chargeable consideration for the transaction, or b in a case where the transaction is a non-residential property transaction, so much of the chargeable consideration for the transaction as is attributable, on a just and reasonable apportionment, to the acquisition of ownership of the dwelling (including any interest or right pertaining to ownership of the dwelling) that is or forms part of the subject-matter of the transaction. 4 In the case of a chargeable transaction to which this schedule applies by virtue of paragraph 2(1)(d)(ii), the relevant consideration is to exclude so much of the chargeable consideration as is attributable, on a just and reasonable apportionment, to the acquisition of ownership of the dwelling (including any interest or right pertaining to ownership of the dwelling) that the buyer intends to occupy as the buyer's only or main residence. PART 4 CERTAIN TYPES OF BUYER Joint buyers 5 1 This paragraph applies to a chargeable transaction which satisfies the conditions in paragraph 2(1)(a) and (b) or 3(1)(a) and (b) if there are two or more buyers who are or will be jointly entitled to ownership of the dwelling. 2 The conditions set out in paragraph 2(1)(c) and (d) or, as the case may be, 3(1)(c) are satisfied if they are satisfied in relation to any one of, or more than one of, the buyers. Spouses, civil partners, cohabitants and children 6 1 For the purposes of paragraph 2(1)(c), a dwelling which is owned by— a the buyer's spouse or civil partner, b the buyer's cohabitant, c a person aged under 16 who is a child of— i the buyer, ii the buyer's spouse or civil partner, or iii the buyer's cohabitant, is to be treated as being owned by the buyer. 2 Sub-paragraphs (1)(a) and (1)(c)(ii) do not apply if the buyer and the buyer's spouse or civil partner have separated. 3 For the purposes of sub-paragraph (2), the parties have separated if— a they no longer live together, and b they do not intend to live together again. 4 For the purposes of sub-paragraphs (1)(b) and (1)(c)(iii), a person is the buyer's cohabitant if the two of them live together as though married to one another. Trustees in certain trusts 7 1 This paragraph applies to a chargeable transaction which satisfies the conditions in paragraph 2(1)(a) and (b) if— a the buyer is acting as trustee of a settlement, and b a beneficiary under the settlement has or will have a relevant interest in a dwelling that is or forms part of the subject-matter of the transaction. 2 In paragraphs 2(1)(c) and (d), 2(2)(b) and (c), 5, 6 and 8(1)(b) and (c), references to the buyer are to be read as if they were references to the beneficiary. 3 In paragraphs 2(2)(a) and 8(1)(a), references to the buyer are to be read as including references to the beneficiary. PART 5 REPAYMENT OF AND RELIEF FROM THE ADDITIONAL AMOUNT Repayment of additional amount in certain cases 8 1 Sub-paragraph (2) applies in relation to a chargeable transaction to which this schedule applies by virtue of paragraph 2 if— a within the period of 18 months beginning with the day after the effective date of the transaction, the buyer disposes of the ownership of a dwelling (other than one that was or formed part of the subject-matter of the chargeable transaction), b that dwelling was the buyer's only or main residence at any time during the period of 18 months ending with the effective date of the transaction, and c the dwelling that was or formed part of the subject-matter of the transaction has been occupied as the buyer's only or main residence. 2 Where this sub-paragraph applies— a the chargeable transaction is to be treated as having been exempt from the additional amount, and b if the buyer has made a land transaction return in respect of the transaction, the buyer may take one of the steps mentioned in sub-paragraph (3). 3 The steps are— a within the period allowed for amendment of the land transaction return, amend the return accordingly, or b after the end of that period (if the land transaction return is not so amended), make a claim to the Tax Authority under section 107 of the Revenue Scotland and Tax Powers Act 2014 for repayment of the amount overpaid. 4 For the period allowed for amendment of returns, see section 83 of the Revenue Scotland and Tax Powers Act 2014. 5 In the case of a chargeable transaction to which this schedule applies by virtue of paragraph 2(1)(d)(ii), sub-paragraph (2)(a) has effect only in relation to the additional amount applicable to so much of the relevant consideration for the transaction as is attributable, on a just and reasonable apportionment, to the acquisition of ownership of the dwelling (including any interest or right pertaining to ownership of the dwelling) referred to in sub-paragraph (1)(c). Relief for purchases of 6 or more dwellings 9 A chargeable transaction is exempt from the additional amount if it is a transaction to which section 59(8) applies. Relief: supplemental 10 1 A relief under paragraph 9 must be claimed in the first return made in relation to the transaction or in an amendment of that return. 2 For the period allowed for amendment of returns, see section 83 of the Revenue Scotland and Tax Powers Act 2014. PART 6 OWNERSHIP OF DWELLINGS What counts as a dwelling owned by a person? 11 1 This paragraph applies to determine what counts as a dwelling owned by a person for the purposes of this schedule. 2 Dwellings situated outside Scotland (as well as such property in Scotland) are to be counted. 3 A dwelling owned by a person is not to be counted for the purposes of paragraph 2(1)(c) if the acquisition of ownership of the dwelling by the person— a is or was a chargeable transaction to which this schedule applies by virtue of paragraph 3, or b would have been such a chargeable transaction but for the fact that the dwelling is situated outside Scotland. 4 Ownership of a dwelling (other than one that is or forms part of the subject-matter of the chargeable transaction) is not to be counted if the market value of the ownership interest is less than £40,000. 5 In determining the market value of the ownership interest in a dwelling for the purposes of sub-paragraph (4), the market value of any interest or right pertaining to ownership of the dwelling is to be included. 6 Where the ownership interest in a dwelling is one of deemed ownership by virtue of paragraph 13 or 16 then, for the purposes of sub-paragraph (4), the market value of the interest is taken to be the market value of the dwelling. 7 In determining the market value of a dwelling for the purposes of sub-paragraph (6)— a the market value of any interest or right pertaining to ownership of the dwelling is to be included, and b no account is to be taken of the effect of the existence of the interest referred to in sub-paragraph (6). Deemed ownership: cases where title is not yet registered etc. 12 1 This paragraph applies to determine, for the purposes of this schedule, when a person owns any dwelling where ownership of the dwelling is or has been the subject-matter or part of the subject-matter of a land transaction. 2 Where the person is the buyer in relation to the transaction, the person is to be treated for the purposes of this schedule as owning the dwelling as from the end of the day that is the effective date of the transaction. 3 Where the person is the seller in relation to the transaction, the person is to be treated for the purposes of this schedule as ceasing to own the dwelling as from the end of the day that is the effective date of the transaction. 4 In the application of this paragraph to a dwelling situated in England, Wales or Northern Ireland, “ land transaction ” and “ effective date ” have the same meanings as they have in Part 4 of the Finance Act 2003 (stamp duty land tax). 5 In the application of this paragraph to a dwelling situated outside the United Kingdom— a “ land transaction ” means any transaction for the transfer of ownership of the dwelling, and b “ effective date ” means the date of settlement or completion of the transaction (or of any event that is equivalent to settlement or completion of the transaction). Deemed ownership: beneficiaries under certain trusts 13 1 This paragraph applies where a person is the beneficiary under— a a bare trust, or b a settlement under the terms of which the beneficiary has a relevant interest in any dwelling that is or forms part of the trust property. 2 For the purposes of this schedule, the beneficiary is to be treated as the owner of the dwelling. 3 References in this schedule to “ ownership ” and “ acquisition of ownership ” are to be read accordingly. Dwellings owned by trustees or personal representatives 14 1 This paragraph applies where a person owns a dwelling as— a a trustee, or b a personal representative of another. 2 For the purposes of this schedule, the person is to be treated as not being the owner of the dwelling. 3 Sub-paragraph (2) does not affect the operation of any other provision of this schedule by which the person is to be treated as the owner of the dwelling. Deemed ownership: long leases 15 1 This paragraph applies where a person (“the tenant”) is the tenant under a lease of a dwelling for a term of more than 20 years. 2 For the purposes of this schedule— a the tenant is to be treated as the owner of the dwelling, and b the landlord under the lease is to be treated as not being the owner. 3 References in this schedule to “ ownership ” and “ acquisition of ownership ” are to be read accordingly. Deemed ownership: proper liferents 16 1 This paragraph applies where a person (“the liferenter”) holds a liferent over a dwelling under a proper liferent. 2 For the purposes of this schedule— a the liferenter is to be treated as the owner of the dwelling, and b the granter of the liferent and the fiar are to be treated as not being the owner. 3 References in this schedule to “ ownership ” and “ acquisition of ownership ” are to be read accordingly. Deemed ownership: joint owners and owners of shares 17 1 This paragraph applies where two or more persons are jointly entitled to the ownership of a dwelling. 2 For the purposes of this schedule, each of the persons is to be treated as the owner of the dwelling. 3 In the application of this paragraph to a dwelling situated in England, Wales or Northern Ireland, “ jointly entitled ” has the meaning given in section 121 of the Finance Act 2003 (minor definitions). 4 In the application of this paragraph to a dwelling situated outside the United Kingdom, “ jointly entitled ” means having an interest equivalent to being jointly entitled within the meaning of this Act or the Finance Act 2003. Dwellings outside Scotland: what counts as “ownership” 18 1 In the case of a dwelling situated outside Scotland, a person owns the dwelling for the purposes of this schedule if the person has an interest in it that is equivalent to ownership in Scotland. 2 References in this schedule to “ ownership ” and “ acquisition of ownership ” are to be read accordingly. PART 7 GENERAL PROVISION Power of Scottish Ministers to modify schedule 19 1 The Scottish Ministers may by order amend paragraph 4(2) so as to substitute, for the percentage figure for the time being specified there, a different percentage figure. 2 The Scottish Ministers may by order amend paragraph 2(1)(b), 3(1)(b) or 11(4) so as to substitute, for the figure for the time being specified there, a different figure. 3 The Scottish Ministers may by order modify this schedule so as to make provision for or about reliefs from the additional amount and, in particular, may— a add a relief, b modify any relief, c remove any relief. 4 The Scottish Ministers may by regulations modify the following provisions of this schedule— a Parts 2 (except paragraphs 2(1)(b) and 3(1)(b)) and 4 so far as relating to the application of this schedule in relation to— i partnerships, ii trusts, b Part 6 (except paragraph 11(4)), c paragraph 20. 5 An order under sub-paragraph (3) may modify any other enactment that the Scottish Ministers consider appropriate. Interpretation 20 1 In this schedule— “ bare trust ” has the meaning given in paragraph 19 of schedule 18, “ relevant consideration ” is to be construed in accordance with paragraph 4(3) and (4), “settlement”, except in paragraph 12(5)(b), has the meaning given in paragraph 21 of schedule 18. 2 Part 6 of schedule 5 (what counts as a “dwelling”) applies for the purposes of this schedule as it applies for the purposes of schedule 5. 3 For the purposes of this schedule, a beneficiary under a settlement has a relevant interest in a dwelling that is or forms part of the trust property or the subject-matter of a transaction if the beneficiary is entitled to— a occupy the dwelling for life, or b income (whether net or gross) in respect of the dwelling. . Consequential amendments 2 1 In the Land and Buildings Transaction Tax (Scotland) Act 2013— a in section 25(3) (amount of tax chargeable), before paragraph (a) insert— za schedule 2A (additional amount: transactions relating to second homes etc.), , b in section 26(4) (amount of tax chargeable: linked transactions), before paragraph (a) insert— za schedule 2A (additional amount: transactions relating to second homes etc.), , c in section 68 (subordinate legislation)— i in subsection (2), after paragraph (j) insert— ja paragraph 19(3) or (4) of schedule 2A, , ii for subsection (5) substitute— 5 The order is an order under— a section 24(1), b paragraph 19(1) or (2) of schedule 2A, or c paragraph 3 of schedule 19. , d in schedule 5 (multiple dwellings relief)— i in paragraph 10, after “relevant transaction” insert “ other than one to which schedule 2A applies ” , ii after paragraph 10 insert— 10A The amount of tax chargeable in relation to a relevant transaction to which schedule 2A applies is— ΣDT + RT where— DT is the tax due in relation to each dwelling that is, or is part of, the main subject-matter of the transaction, and RT is the tax due in relation to the remaining property. , iii in paragraph 11, after “DT x ND” insert “ or, as the case may be, ΣDT ” , iv in paragraph 13, after Step 3 insert— “ Step 4 In the case of a relevant transaction to which schedule 2A applies, carry out Step 3 (taking account of any relief applicable to the transaction under paragraph 9 of that schedule) in relation to each dwelling that is, or is part of, the main subject-matter of the transaction to find the tax due in relation to each dwelling. ” . 2 In section 108(3) of the Revenue Scotland and Tax Powers Act 2014 (claim for repayment if order changing tax basis not approved), in column 1 of the table, in the entry for the LBTT(S) Act 2013, after paragraph (a) insert— aa an order under paragraph 19(1) or (2) of schedule 2A, . Transitional provision: application of this Act 3 1 This Act applies in relation to a chargeable transaction where— a the contract for the transaction was entered into on or after 28 January 2016, and b the effective date of the transaction is on or after the day on which section 1 comes into force. 2 For the purposes of this section, “ chargeable transaction ”, “ contract ” and “ effective date ” have the same meanings as in the Land and Buildings Transaction Tax (Scotland) Act 2013. Ancillary provision 4 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with, or for giving full effect to, this Act. 2 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under subsection (1)— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, b otherwise, are subject to the negative procedure. Commencement 5 1 This section and sections 4 and 6 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on whichever is the later of— a the day after Royal Assent, b 1 April 2016. Short title 6 The short title of this Act is the Land and Buildings Transaction Tax (Amendment) (Scotland) Act 2016.
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[uk-legislation-asp][asp] 2024-05-04 National Galleries of Scotland Act 2016
http://www.legislation.gov.uk/asp/2016/6/2016-02-24
http://www.legislation.gov.uk/asp/2016/6/2016-02-24 National Galleries of Scotland Act 2016 An Act of the Scottish Parliament to change the status of a piece of land currently within Princes Street Gardens so as to enable the City of Edinburgh Council to dispose of it to the National Galleries of Scotland and to provide for that same piece of land to cease to form part of Princes Street Gardens, thus disapplying section 22 of the Schedule to the City of Edinburgh District Council Order Confirmation Act 1991 to that land. text text/xml en Statute Law Database 2020-05-15 2016-02-24 National Galleries of Scotland Act 2016 2016 asp 6 An Act of the Scottish Parliament to change the status of a piece of land currently within Princes Street Gardens so as to enable the City of Edinburgh Council to dispose of it to the National Galleries of Scotland and to provide for that same piece of land to cease to form part of Princes Street Gardens, thus disapplying section 22 of the Schedule to the City of Edinburgh District Council Order Confirmation Act 1991 to that land. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19 January 2016 and received Royal Assent on 23rd February 2016 Status of relevant land 1 1 Subject to subsection (2), for the purposes of Part VI of the Local Government (Scotland) Act 1973 the relevant land is deemed to be land forming part of the common good of the Council with respect to which no question arises as to the right of the Council to alienate. 2 For the purposes of subsection (1), no question shall arise as to the Council's right to alienate the relevant land only to the extent that the alienation in question consists of the disposal of the relevant land to the Board of Trustees of the National Galleries of Scotland for the purpose of extending the Scottish National Gallery, The Mound, Edinburgh. Relevant land: removal from Princes Street Gardens and disapplication of restrictions 2 Upon the coming into force of this Act–– a the relevant land ceases to form part of Princes Street Gardens; and accordingly b the restrictions on constructing buildings contained in section 22 (restrictions on buildings in certain parks) of the Schedule to the City of Edinburgh District Council Order Confirmation Act 1991 cease to apply to the relevant land. Interpretation 3 1 In this Act— “ the Council ” means The City of Edinburgh Council; and “ the relevant land ” means the piece of land which, prior to the coming into force of this Act–– formed part of that part of Princes Street Gardens in the City of Edinburgh which lies east of, and adjacent to, the Mound; and comprises an area of approximately 737 square metres bounded by the line of the existing eastern border of the Gallery commencing at grid reference NT254522737900 then proceeding southerly for a distance of approximately 90 metres to grid reference NT254778737041 then proceeding westerly for a distance of approximately 4.5 metres across the bottom of the Playfair Steps to grid reference NT254733737027 then proceeding southerly for a distance of approximately 10 metres along the western boundary of the Playfair Steps to grid reference NT254761736934 then proceeding easterly for a distance of approximately 20 metres across the Playfair Steps and beyond to grid reference NT254957736993 then proceeding northerly along an imaginary line for a distance of approximately 7.5 metres to grid reference NT254935737064 then proceeding north westerly along an imaginary line for a distance of approximately 20 metres to grid reference NT254787737196 then proceeding northerly for a distance of approximately 75 metres to grid reference NT254574737915 in line with the most easterly part of the existing eastward Gallery extension into Princes Street Gardens and then returning westerly for a distance of approximately 5.5 metres to the point of commencement. 2 In this section, “ grid reference ” means Ordnance Survey National Grid reference. Commencement 4 This Act comes into force on the day after Royal Assent. Short title 5 The short title of this Act is the National Galleries of Scotland Act 2016.
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[uk-legislation-asp][asp] 2024-05-04 Apologies (Scotland) Act 2016
http://www.legislation.gov.uk/asp/2016/5/2017-06-19
http://www.legislation.gov.uk/asp/2016/5/2017-06-19 Apologies (Scotland) Act 2016 An Act of the Scottish Parliament to make provision for the effect of an apology in certain legal proceedings. text text/xml en Statute Law Database 2017-09-04 Expert Participation 2017-06-19 Apologies (Scotland) Act 2016 2016 asp 5 An Act of the Scottish Parliament to make provision for the effect of an apology in certain legal proceedings. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th January 2016 and received Royal Assent on 23rd February 2016 Effect of apology in legal proceedings 1 In any legal proceedings to which this Act applies, an apology made (outside the proceedings) in connection with any matter— a is not admissible as evidence of anything relevant to the determination of liability in connection with that matter, and b cannot be used in any other way to the prejudice of the person by or on behalf of whom the apology was made. Legal proceedings covered 2 1 This Act applies to all civil proceedings except— a inquiries held under section 1 of the Inquiries Act 2005 , including inquiries which are converted under section 15 of that Act into inquiries under that Act, b proceedings under the Children's Hearings (Scotland) Act 2011, c inquiries under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, ... d defamation proceedings , and e proceedings of a professional regulatory body listed in subsection (1A) that have as their main purpose the determination of whether or not a person meets— i that body’s requirements for registration, ii the standards or requirements for practising a profession regulated by that body 1A The professional regulatory bodies are— a the General Chiropractic Council, b the General Dental Council, c the General Medical Council, d the General Optical Council, e the General Osteopathic Council, f the General Pharmaceutical Council, g the Health and Care Professions Council, h the Nursing and Midwifery Council, i the Scottish Social Services Council, and j the General Teaching Council for Scotland. 2 This Act does not apply to an apology made in accordance with the duty of candour procedure set out in Part 2 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016. 3 This Act does not apply to criminal proceedings. 4 The Scottish Ministers may by regulations modify the exceptions in subsections (1) and (2) so as to add an exception, vary the description of an exception or remove an exception. 5 Regulations under subsection (4) are subject to the affirmative procedure. 6 Regulations under subsection (4) may include transitional, transitory or saving provision. Definition of apology 3 In this Act an apology means any statement made by or on behalf of a person which indicates that the person is sorry about, or regrets, an act, omission or outcome and includes any part of the statement which contains an undertaking to look at the circumstances giving rise to the act, omission or outcome with a view to preventing a recurrence. No retrospective effect 4 This Act applies to an apology only if— a the apology is made after the time when section 1 comes into force, and b the legal proceedings referred to in that section have not begun before that time. Commencement 5 1 This section and section 6 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such date as the Scottish Ministers may by regulations appoint. 3 Different days may be appointed for different purposes. 4 Regulations under subsection (2) may include transitional, transitory or saving provision. Short title 6 The short title of this Act is the Apologies (Scotland) Act 2016. S. 5 in force 24/2/2016 by s. 5(1) S. 6 in force 24/2/2016 by s. 5(1) S. 2(4)-(6) in force at 22.9.2016 by S.S.I. 2016/256 , reg. 2(1) S. 2(1A) inserted (1.6.2017) by The Apologies (Scotland) Act 2016 (Excepted Proceedings) Regulations 2017 (S.S.I. 2017/181) , regs. 1 , 2(3) Word in s. 2(1) omitted (1.6.2017) by virtue of The Apologies (Scotland) Act 2016 (Excepted Proceedings) Regulations 2017 (S.S.I. 2017/181) , regs. 1 , 2(2)(b) S. 2(1)(e) and word inserted (1.6.2017) by The Apologies (Scotland) Act 2016 (Excepted Proceedings) Regulations 2017 (S.S.I. 2017/181) , regs. 1 , 2(2)(c) S. 2(1)(a) substituted (1.6.2017) by The Apologies (Scotland) Act 2016 (Excepted Proceedings) Regulations 2017 (S.S.I. 2017/181) , regs. 1 , 2(2)(a) S. 1 in force at 19.6.2017 by S.S.I. 2016/256 , reg. 2(2) (as amended by S.S.I. 2016/395 , reg. 2) S. 3 in force at 19.6.2017 by S.S.I. 2016/256 , reg. 2(2) (as amended by S.S.I. 2016/395 , reg. 2 ) S. 4 in force at 19.6.2017 by S.S.I. 2016/256 , reg. 2(2) (as amended by S.S.I. 2016/395 , reg. 2 ) S. 2(1)-(3) in force at 19.6.2017 by S.S.I. 2016/256 , reg. 2(2) (with reg. 3 ) (as amended by S.S.I. 2016/395 , reg. 2 )
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[uk-legislation-asp][asp] 2024-05-04 Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016
http://www.legislation.gov.uk/asp/2016/3/2016-12-05
http://www.legislation.gov.uk/asp/2016/3/2016-12-05 Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016 An Act of the Scottish Parliament to prohibit smoking in private motor vehicles in the presence of children, subject to limited exceptions; and for connected purposes. text text/xml en Statute Law Database 2017-03-10 Expert Participation 2016-12-05 Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016 2016 asp 3 An Act of the Scottish Parliament to prohibit smoking in private motor vehicles in the presence of children, subject to limited exceptions; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th December 2015 and received Royal Assent on 21st January 2016 Offence of smoking in a motor vehicle with children 1 1 It is an offence for an adult to smoke in a private motor vehicle when–– a there is a child in the vehicle, and b the vehicle is in a public place. 2 Subsection (1) does not apply to a private motor vehicle that is designed or adapted for use as living accommodation and which, at the time the smoking occurs, is parked and is being used as living accommodation. 3 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Fixed penalties 2 The schedule provides for fixed penalties for offences under section 1. Powers to enter and require information 3 1 An authorised officer of a local authority may enter and search a private motor vehicle which is parked within the area of the local authority in order to ascertain whether an offence under section 1 has been or is being committed there. 2 A person who— a an authorised officer of a local authority reasonably believes— i is committing or has committed an offence under section 1, or ii has information relating to such an offence, and b fails without reasonable excuse to supply the officer with the person's name and address on being so required by the officer, commits an offence. 3 A person who commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Interpretation 4 1 In this Act–– “ adult ” means a person aged 18 or over, “ car ” means a motor vehicle which is not–– a goods vehicle, or a vehicle of a type not commonly used as a private vehicle and unsuitable to be so used, “ child ” means a person under the age of 18, “ motor cycle ” means a mechanically propelled vehicle which is steered by means of handlebars attached to the front wheel, “ motor vehicle ” means a mechanically propelled vehicle, other than a motor cycle, that is intended or adapted for use on roads, “ private hire car ” has the meaning given by section 23(1) of the Civic Government (Scotland) Act 1982, “ private motor vehicle ” means–– any car which is not a public transportation vehicle, and any other motor vehicle which is used primarily for the private purposes of the person who owns it or of a person having the right to use it, provided that such right to use a vehicle does not include a reference to a person whose right to use the vehicle derives only from having paid, or undertaken to pay, for the use of the vehicle and its driver, “ public place ” means a place to which the public, or a section of the public, has access whether on payment or otherwise, “ public transportation vehicle ” means any vehicle available to the public as a means of transportation and includes a taxi and a private hire car, “ taxi ” has the meaning given by section 23(1) of the Civic Government (Scotland) Act 1982. 2 In this Act, “ to smoke ” means to smoke tobacco, any substance or mixture which includes it or any other substance or mixture; and a person is to be taken as smoking if the person is holding or otherwise in possession or control of lit tobacco, of any lit substance or mixture which includes tobacco or of any other lit substance or mixture which is in a form or in a receptacle in which it can be smoked. 3 The Scottish Ministers may by regulations alter any of the following definitions in subsection (1)–– “car”, “private motor vehicle”, “public transportation vehicle”. Regulations 5 1 Any power of the Scottish Ministers to make regulations under this Act includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision. 2 Regulations under the following provisions are subject to the affirmative procedure— a section 4(3), b paragraph 2 of the schedule, c paragraph 11(a) of the schedule, d paragraph 12 of the schedule. 3 Regulations under paragraph 11(b) of the schedule are subject to the negative procedure. Commencement 6 1 Sections 4 and 5, this section, section 7 and paragraphs 11 and 12 of the schedule come 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 regulations appoint. 3 Different days may be appointed for different purposes. Short title 7 The short title of this Act is the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016. SCHEDULE FIXED PENALTY FOR OFFENCE UNDER SECTION 1 (introduced by section 2) Power to give fixed penalty notices 1 1 An authorised officer of a local authority may, if having reason to believe that a person is committing or has committed an offence under section 1 within the area of the local authority, give that person a fixed penalty notice. 2 A constable may, if having reason to believe that a person is committing or has committed an offence under section 1, give that person a fixed penalty notice. 3 In this schedule, “ fixed penalty notice ” means a notice offering a person the opportunity of discharging any liability to conviction for an offence under section 1 by payment of a fixed penalty. 2 A fixed penalty notice for an offence under section 1 may not be given after such time relating to the offence as may be prescribed by regulations made by the Scottish Ministers. Contents of fixed penalty notice 3 1 A fixed penalty notice must identify the offence under section 1 and give reasonable particulars of the circumstances alleged to constitute that offence. 2 A fixed penalty notice must also state— a the amount of the penalty and the period within which it may be paid, b the person to whom and the address at which payment may be made, c the method or methods by which payment may be made, d the person to whom and the address at which any representations relating to the notice may be made, e the consequences of not making a payment within the period for payment. 3 The person specified under sub-paragraph (2)(b) must be the local authority in the area of which the offence was alleged to have been committed or a person acting on its behalf. The amount of the penalty and the period for payment 4 1 The fixed penalty for an offence under section 1 is £100. 2 The period for payment of the fixed penalty is the period of 29 days beginning with the day on which the notice is given. 3 The local authority may extend the period for paying the fixed penalty in any particular case if it considers it appropriate to do so. Effect of notice and payment of penalty 5 1 This paragraph applies where a person is served with a fixed penalty notice in respect of an offence under section 1. 2 No proceedings for the offence may be commenced before the end of the period for payment of the penalty. 3 No such proceedings may be commenced or continued if payment of the penalty is made before the end of that period or is accepted by the local authority after that time. 4 In proceedings for the offence, a certificate which— a purports to be signed by or on behalf of a person having responsibility for the financial affairs of the local authority, and b states that payment of an amount specified in the certificate was or was not received by a date so specified, is sufficient evidence of the facts stated. Request for hearing 6 1 A person to whom a fixed penalty notice has been given may, before the expiry of the period for payment of the penalty, give notice requesting a hearing in respect of the offence under section 1. 2 A notice requesting a hearing under sub-paragraph (1) must be in writing and must be sent by post or delivered to the person specified under paragraph 3(2)(b) in the fixed penalty notice at the address so specified. 3 For the purposes of this paragraph and unless the contrary is proved, the sending of a notice by post is deemed to have been effected at the time at which the notice would be delivered in the ordinary course of post. 4 Where a person has requested a hearing in accordance with this paragraph— a the local authority must hold the hearing, b the person authorised for the purpose by the local authority of the area in which the offence was committed must notify the procurator fiscal of the request, and c the period for payment of the fixed penalty must be calculated so that the period beginning with the giving of the notice under this paragraph and ending with the receipt by the person who gave that notice of the decision reached at the hearing is left out of account. Power to withdraw notices 7 1 If the local authority considers (whether after holding a hearing under paragraph 6 or not) that a fixed penalty notice which has been given ought not to have been given, it may give to the person to whom it was given a notice withdrawing the fixed penalty notice. 2 Where a notice under sub-paragraph (1) is given— a the local authority must repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice, and b no proceedings are to be commenced or continued against that person for the offence in question. 3 The local authority must consider any representations made by or on behalf of the recipient of the fixed penalty notice and decide in all the circumstances whether to withdraw the notice. Effect of prosecution on notice 8 Where proceedings for an offence under section 1 in respect of which a fixed penalty notice has been given are commenced, the notice is to be treated as withdrawn. Recovery of unpaid fixed penalties 9 Subject to paragraphs 7 and 8, where a fixed penalty remains unpaid after the expiry of the period for payment of the penalty it is enforceable in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom. Judicial determination of enforcement of fixed penalty 10 1 A person against whom a fixed penalty bears to be enforceable under paragraph 9 may apply to the sheriff for a declaration that the fixed penalty is not enforceable on the ground that— a the fixed penalty was paid before the expiry of the period for paying, or b the person has made a request for a hearing in accordance with paragraph 6 and no hearing has been held within a reasonable time after the request. 2 On an application under sub-paragraph (1), the sheriff may declare— a that the person has or, as the case may be, has not paid the fixed penalty within the period for payment of the penalty, b that the person has or, as the case may be, has not requested a hearing in accordance with paragraph 6, c that, where such a request has been made, a hearing has or, as the case may be, has not been held within a reasonable time after the request, and accordingly, that the fixed penalty is or, as the case may be, is not enforceable. General and supplementary 11 The Scottish Ministers may make regulations about— a the application by local authorities of fixed penalties paid under this schedule, b the keeping of accounts, and the preparation and publication of statements of account, relating to fixed penalties under this schedule. 12 1 Fixed penalty notices may not be given in such circumstances as may be prescribed by regulations made by the Scottish Ministers. 2 The method or methods by which fixed penalties may be paid may be prescribed by regulations made by the Scottish Ministers. 3 The Scottish Ministers may by regulations— a modify paragraph 4(1) so as to substitute a different fixed penalty, b modify paragraph 4(2) so as to substitute a different period for the period for the time being specified there. S. 1 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2 S. 2 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2 S. 3 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2 Sch. para. 1 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2 Sch. para. 2 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2 Sch. para. 3 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2 Sch. para. 4 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2 Sch. para. 5 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2 Sch. para. 6 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2 Sch. para. 7 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2 Sch. para. 8 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2 Sch. para. 9 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2 Sch. para. 10 in force at 5.12.2016 by S.S.I. 2016/259 , reg. 2
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[uk-legislation-asp][asp] 2024-05-04 Mental Health (Scotland) Act 2015
http://www.legislation.gov.uk/asp/2015/9/2017-09-30
http://www.legislation.gov.uk/asp/2015/9/2017-09-30 Mental Health (Scotland) Act 2015 An Act of the Scottish Parliament to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 in various respects; to make provision about mental health disposals in criminal cases; to make provision as to the rights of victims of crime committed by mentally-disordered persons; and for connected purposes. text text/xml en Statute Law Database 2017-11-18 Expert Participation 2017-09-30 Mental Health (Scotland) Act 2015 2015 asp 9 An Act of the Scottish Parliament to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 in various respects; to make provision about mental health disposals in criminal cases; to make provision as to the rights of victims of crime committed by mentally-disordered persons; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th June 2015 and received Royal Assent on 4th August 2015 PART 1 THE 2003 ACT Procedure for compulsory treatment Measures until application determined 1 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 64 (powers of Tribunal on application under section 63: compulsory treatment order), after subsection (8) there is inserted— 8A If the patient has been detained in hospital by virtue of section 47(4)(a) or 68(2)(a) of this Act in connection with the application by virtue of which this section applies, the 6 months referred to in subsection (4)(a)(i) above is to be regarded as reduced by the period during which the patient has been so detained under that section. 8B Subsection (8A) above is of no effect if the patient has been detained in hospital in accordance with an interim compulsory treatment order made in connection with the application by virtue of which this section applies. . 3 In section 65 (powers of Tribunal on application under section 63: interim compulsory treatment order), after subsection (6) there is inserted— 7 If the patient has been detained in hospital by virtue of section 47(4)(a) or 68(2)(a) of this Act in connection with the application by virtue of which this section applies, the 56 days referred to in subsection (3) above is to be regarded as reduced by the period during which the patient has been so detained under that section. . Information where order extended 2 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 After section 87 there is inserted— Further information where order extended 87A 1 Subsections (2) and (3) below apply where— a a mental health officer receives notice of a determination under section 86 of this Act from a patient's responsible medical officer, and b the Tribunal is required by virtue of section 101(2)(a) of this Act to review the determination. 2 The mental health officer must— a prepare a record stating the information mentioned in subsection (4) below, b submit the record to the Tribunal, and c at the same time as submitting the record to the Tribunal, send to the persons mentioned in subsection (6) below— i a copy of the record, and ii a statement of the matters mentioned in subsection (5) below. 3 At the same time as submitting the record to the Tribunal, the mental health officer must send a copy of the record to the patient except where the officer considers that doing so carries a risk of significant harm to the patient or others. 4 The information to be stated in the record is— a the name and address of the patient, b if known by the mental health officer, the name and address of— i the patient's named person, and ii the patient's primary carer, c the things done by the mental health officer in compliance with the requirements in subsection (2) of section 85 of this Act (and, if by virtue of subsection (3) of that section the first-listed one has not been complied with, the reason why compliance with it was impracticable), d so far as relevant to the extension of the compulsory treatment order— i the details of the personal circumstances of the patient, and ii if known by the mental health officer, the details of any advance statement made by the patient (and not withdrawn by the patient), e the views of the mental health officer on the extension of the compulsory treatment order, and f any other information that the mental health officer considers relevant in relation to the extension of the compulsory treatment order. 5 The matters referred to in subsection (2)(c) above are— a whether the mental health officer is sending a copy of the record to the patient, and b if the mental health officer is not sending a copy of the record to the patient, the reason for not doing so. 6 For the purposes of subsection (2)(c) above, the persons are— a the patient's named person, b the patient's responsible medical officer, and c the Commission. . Transfer to another hospital 3 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 124 (transfer to other hospital)— a in subsection (1), for the words “by a compulsory treatment order.” there is substituted by— a a compulsory treatment order, or b an interim compulsory treatment order. , b in subsection (14), for the words “compulsory treatment order” there is substituted “ order in question ” . Emergency, short-term and temporary steps Emergency detention in hospital 4 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In subsection (2) of section 36 (emergency detention in hospital), after paragraph (d) there is inserted— da section 113(5) of this Act; . 3 In section 38 (duties on hospital managers: examination, notification etc. )— a in paragraph (b)(i) of subsection (3), for the words “persons mentioned in subsection (4) below” there is substituted “ Commission of the granting of the certificate and ” , b after subsection (3) there is inserted— 3A The managers of the hospital may, so far as they consider it appropriate, give notice of the matters notified to them under section 37 of this Act to the persons mentioned in subsection (4) below. , c in subsection (4)— i in the text preceding paragraph (a), for the words “subsection (3)(a) and (b)(i)” there is substituted “ subsections (3)(a) and (3A) ” , ii after paragraph (c) there is inserted— ca if known to the managers and not falling within paragraph (a) or (b) above— i any guardian of the patient; and ii any welfare attorney of the patient. , iii paragraph (d) is repealed together with the word “and” immediately preceding it. 4 In subsection (2) of section 40 (revocation of emergency detention certificate: notification), after the word “inform” there is inserted “ the Commission and ” . 5 In subsection (4) of section 42 (certificate under section 41: revocation), after the word “inform” there is inserted “ the Commission and ” . Short-term detention in hospital 5 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In subsection (2) of section 44 (short-term detention in hospital), after paragraph (c) there is inserted— ca section 113(5) of this Act; . 3 In section 46 (hospital managers' duties: notification)— a in subsection (3), the words “, and send a copy of it,” are repealed, b after subsection (3) there is inserted— 4 When giving notice under subsection (2) or (3) above, the managers of the hospital are to send a copy of the certificate to each recipient of the notice. . Meaning of temporary compulsion 6 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 230 (appointment of patient's responsible medical officer), in paragraph (c) of the definition of “appropriate act” in subsection (4), the words “under section 54(1)(c) of the 1995 Act” are repealed. 3 In section 329 (interpretation), at the appropriate alphabetical place in subsection (1) there is inserted— “ temporary compulsion order ” means an order made under section 54(1)(c) of the 1995 Act; . Suspension of orders and measures Suspension of orders on emergency detention 7 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 43 (effect of subsequent emergency detention certificate on compulsory treatment order)— a in paragraph (a) of subsection (1), for the words “compulsory treatment order” there is substituted “ relevant order ” , b in subsection (2), for the words “The compulsory treatment order” there is substituted “ A relevant order ” , c in subsection (3)— i after the word “Act” there is inserted “ or (as the case may be) section 57A(8)(b) of the 1995 Act ” , ii for the words “compulsory treatment order” in each place where they occur there is substituted “ relevant order ” , d after subsection (3) there is inserted— 4 In this section, the references to a relevant order are to— a a compulsion order, or b a compulsory treatment order or an interim compulsory treatment order. . 3 In relation to section 43— a its title becomes “ Effect of emergency detention certificate on certain orders ” , b the italic heading immediately preceding it becomes “ Effect of emergency detention certificate on certain orders ” . Suspension of orders on short-term detention 8 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 56 (effect of subsequent short-term detention certificate on compulsory treatment order)— a in paragraph (a) of subsection (1), for the words “compulsory treatment order” there is substituted “ relevant order ” , b for subsection (2) there is substituted— 2 A relevant order shall cease to authorise the measures specified in it for the period during which the patient is subject to— a the short-term detention certificate, or b an extension certificate. , c after subsection (2) there is inserted— 3 In this section, the references to a relevant order are to— a a compulsion order, or b a compulsory treatment order or an interim compulsory treatment order. . 3 In relation to section 56— a its title becomes “ Effect of short-term detention certificate etc. on certain orders ” , b the italic heading immediately preceding it becomes “ Effect of short-term detention certificate etc. on certain orders ” . Suspension of detention for certain purposes 9 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 127 (suspension of measure authorising detention)— a in subsection (1), the words “not exceeding 6 months” are repealed, b after subsection (1) there is inserted— 1A A certificate under subsection (1) above may specify— a a single period not exceeding 200 days, or b a series of more than one individual period falling within a particular 6 month period. , c after subsection (3) there is inserted— 3A A certificate under subsection (3) above may specify— a a single period, or b a series of more than one individual period. , d subsection (4) is repealed, e after subsection (4) there is inserted— 4A The purpose for which a certificate under subsection (1) or (3) above is granted must be recorded in the certificate. . 3 In section 221 (assessment order: suspension of measure authorising detention)— a after subsection (2) there is inserted— 2A A certificate under subsection (2) above may specify— a a single period, or b a series of more than one individual period. , b after subsection (3) there is inserted— 3A Subsection (3) above does not require the consent of the Scottish Ministers if the granting of the certificate is for the purpose of enabling the patient to— a attend a hearing in criminal proceedings against the patient, or b meet a medical or dental appointment made for the patient. , c subsection (4) is repealed, d after subsection (4) there is inserted— 4A The purpose for which a certificate under subsection (2) above is granted must be recorded in the certificate. . 4 In section 224 (patients subject to certain other orders and directions: suspension of measure authorising detention)— a in subsection (1), after paragraph (b) there is inserted— ba a temporary compulsion order; , b in subsection (2), the words “not exceeding 3 months” are repealed, c after subsection (2) there is inserted— 2A A certificate under subsection (2) above may specify— a a single period not exceeding 90 days, or b a series of more than one individual period falling within a particular 3 month period. , d after subsection (3) there is inserted— 3A In the case of a treatment order, an interim compulsion order or a temporary compulsion order, subsection (3) above does not require the consent of the Scottish Ministers if the granting of the certificate is for the purpose of enabling the patient to— a attend a hearing in criminal proceedings against the patient, or b meet a medical or dental appointment made for the patient. , e subsection (5) is repealed, f after subsection (5) there is inserted— 5A The purpose for which a certificate under subsection (2) above is granted must be recorded in the certificate. . Maximum suspension of particular measures 10 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 127 (suspension of measure authorising detention)— a for subsection (2) there is substituted— 2 The total period that an order does not, by reason of certification under subsection (1) above, authorise the measure mentioned in section 66(1)(a) of this Act must not exceed 200 days within any period of 12 months (whenever counted from). , b after subsection (2) there is inserted— 2A For the purpose of subsection (2) above— a a day does not count towards the total period if the measure is (by reason of such certification) not authorised for a period of 8 hours or less in that day, b a single period (specified in such certification) of more than 8 hours and less than 24 hours, whether in one day or spanning two days, is to count as a whole day towards the total period. . 3 In section 128 (suspension of other measures)— a in each of subsections (1) and (2), for the words “3 months” there is substituted “ 90 days ” , b after subsection (2) there is inserted— 2A A day is to count as a whole day towards the 90 days mentioned in subsection (2) above if any part of that day falls within the period mentioned in paragraph (a) or (b) of that subsection. . 4 In section 224 (patients subject to certain other orders and directions: suspension of measure authorising detention)— a for subsection (4) there is substituted— 4 The total period that an order or direction does not, by reason of certification under subsection (2) above, authorise the detention of a patient in hospital must not exceed 200 days within any period of 12 months (whenever counted from). , b after subsection (4) there is inserted— 4A For the purpose of subsection (4) above— a a day does not count towards the total period if the detention is (by reason of such certification) not authorised for a period of 8 hours or less in that day, b a single period (specified in such certification) of more than 8 hours and less than 24 hours, whether in one day or spanning two days, is to count as a whole day towards the total period.”. Specification of hospital units . Specification of hospital units Specification for detention measures 11 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 36 (emergency detention in hospital), after subsection (12) there is inserted— 13 A reference in this section to a hospital may be read as a reference to a hospital unit. 14 For the purpose of subsection (13) above, “ hospital unit ” means any part of a hospital which is treated as a separate unit. . 3 In section 44 (short-term detention in hospital), after subsection (11) there is inserted— 12 In this section and sections 46 to 49 of this Act, a reference to a hospital may be read as a reference to a hospital unit. 13 For the purposes of subsection (12) above, “ hospital unit ” means any part of a hospital which is treated as a separate unit. . 4 After section 71 there is inserted— Compulsory treatment in hospital unit 71A 1 In sections 62 to 68 of this Act, a reference to a hospital may be read as a reference to a hospital unit. 2 For the purposes of subsection (1) above, “ hospital unit ” means any part of a hospital which is treated as a separate unit. . Transfer of prisoner to hospital unit 12 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 136 (transfer of prisoners for treatment for mental disorder), after subsection (10) there is inserted— 11 A reference in this section to a hospital may be read as a reference to a hospital unit. 12 For the purpose of subsection (11) above, “ hospital unit ” means any part of a hospital which is treated as a separate unit. . Transfer from specified unit 13 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 After section 124 there is inserted— Transfer to other hospital unit 124A 1 Subsection (2) below applies where— a the detention of a patient in hospital is authorised by— i a compulsory treatment order, or ii an interim compulsory treatment order, and b that order specifies the hospital unit in which the patient is to be detained. 2 The managers of the hospital in which the patient is detained may transfer the patient to another hospital unit within the same hospital. 3 In relation to a transfer or proposed transfer under subsection (2) above, section 124(4) to (14) of this Act applies subject to the following modifications— a a reference to section 124(2) is to be read as a reference to subsection (2) above, b subsection (10)(a) is to be ignored, c in subsection (12), a reference to the hospital from which the patient is transferred is to be read as a reference to the hospital in which the patient is detained, d in subsections (13)(b) and (14), a reference to the hospital to which the patient is transferred is to be read as a reference to the hospital unit to which the patient is transferred. 4 For the purposes of this section, “ hospital unit ” means any part of a hospital which is treated as a separate unit. . Orders regarding level of security Requirement for medical report 14 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 264 (detention in conditions of excessive security: state hospitals), after subsection (7) there is inserted— 7A An application may not be made under subsection (2) above unless it is accompanied by a report prepared by a medical practitioner which— a states that in the practitioner's opinion the patient does not require to be detained under conditions of special security that can be provided only in a state hospital, and b sets out the practitioner's reasons for being of that opinion. . 3 In section 268 (detention in conditions of excessive security: hospitals other than state hospitals), after subsection (7) there is inserted— 7A An application may not be made under subsection (2) above unless it is accompanied by a report prepared by a medical practitioner which— a states that in the practitioner's opinion the test specified in regulations made under section 271A(2) of this Act is met in relation to the patient, and b sets out the practitioner's reasons for being of that opinion. . Process for enforcement of orders 15 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 Section 266 (order under section 265: further provision) is repealed. 3 In section 267 (orders under sections 264 to 266: recall)— a in subsection (1), for the words “, 265(3) or 266(3)” there is substituted “ or 265(3) ” , b in subsection (3), for the words “, 265(4) to (6) or 266(4) to (6)” there is substituted “ or 265(4) to (6) ” . 4 The title of section 267 becomes “ Order under section 264 or 265: recall ” . 5 Section 270 (order under section 269: further provision) is repealed. 6 In section 271 (orders under sections 268 to 270: recall)— a in subsection (1), for the words “, 269(3) or 270(3)” there is substituted “ or 269(3) ” , b in subsection (3), for the words “, 269(4) to (6) or 270(4) to (6)” there is substituted “ or 269(4) to (6) ” . 7 The title of section 271 becomes “ Order under section 268 or 269: recall ” . 8 In section 272 (proceedings for specific performance of statutory duty)— a in subsection (1), for paragraphs (a) to (d) there is substituted— a an order under section 264(2) of this Act, or c an order under section 268(2) of this Act, , b in subsection (2), for paragraphs (a) to (d) there is substituted— a an order under section 265(3) of this Act, or c an order under section 269(3) of this Act, . Orders relating to non-state hospitals 16 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 268 (detention in conditions of excessive security: hospitals other than state hospitals)— a in subsection (1), the word “qualifying” in the first place where it occurs is repealed, b in subsection (2), for the words from “detention” to “patient's case” there is substituted “ the test specified in regulations made under section 271A(2) of this Act is met in relation to the patient ” , c in subsection (5), for the words from “to the managers” to the end there is substituted “ of the name of the hospital so identified to the managers of the hospital in which the patient is detained ” , d in subsection (6), the word “qualifying” in each place where it occurs is repealed, e in subsection (10)— i except in paragraph (e), the word “qualifying” in each place where it occurs is repealed, ii in paragraph (e), for the words “qualifying hospital” there is substituted “ hospital in which the patient is detained ” , f subsections (11) to (14) are repealed. 3 In section 269 (order under section 268: further provision)— a in each of subsections (1) and (2), the word “qualifying” is repealed, b in subsection (3), for the words from “detention” to “patient's case” there is substituted “ the test specified in regulations made under section 271A(2) of this Act is met in relation to the patient ” , c in subsection (6), for the words from “to the managers” to the end there is substituted “ of the name of the hospital so identified to the managers of the hospital in which the patient is detained ” . 4 In section 271 (orders under sections 268 to 270: recall)— a in subsection (1), the word “qualifying” is repealed, b in subsection (2)(a), for the words from “detention” to “patient's case” there is substituted “ the test specified in regulations made under section 271A(2) of this Act is not met in relation to the patient ” . 5 After section 271 there is inserted— Process for orders: further provision Regulation-making powers 271A 1 A hospital is a “ qualifying hospital ” for the purposes of sections 268 to 271 of this Act if— a it is not a state hospital, and b it is specified, or is of a description specified, in regulations. 2 Regulations may specify the test for the purposes of sections 268(2), 269(3) and 271(2)(a) of this Act. 3 Regulations under subsection (2) above specifying the test— a must include as a requirement for the test to be met in relation to a patient that the Tribunal be satisfied that detention of the patient in the hospital in which the patient is being detained involves the patient being subject to a level of security that is excessive in the patient's case, and b may include further requirements for the test to be met in relation to a patient. 4 Regulations may make provision about when, for the purposes of— a any regulations made under subsection (2) above, and b sections 268 to 271 of this Act, a patient's detention in a hospital is to be taken to involve the patient being subject to a level of security that is excessive in the patient's case. 5 Regulations may modify sections 264 and 268 of this Act so as to provide that a person must meet criteria besides being a medical practitioner in order to prepare a report for the purpose of subsection (7A) in each of those sections. . 6 In section 273 (interpretation of Chapter), for the definition of “relevant patient” there is substituted— “ relevant patient ” means a patient whose detention in hospital is authorised by— a if the patient is also subject to a restriction order, a compulsion order, b a hospital direction, or c a transfer for treatment direction. . 7 In section 326 (orders, regulations and rules), in subsection (4)(c), for the words “268(11) to (14)” there is substituted “ 271A ” . Section 16: exercise of powers before commencement 17 1 Regulations may be made under section 271A of the Mental Health (Care and Treatment) (Scotland) Act 2003 (which is to be inserted by section 16(5)) before section 16(5) comes into force. 2 In relation to regulations made (or to be made) by virtue of subsection (1), section 16(7) is to be regarded as being in force. 3 Regulations made by virtue of subsection (1) may not come into force before the day on which section 16(5) comes into force. Meaning of hospital in sections 264 to 273 of the 2003 Act 18 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 273 (interpretation of Chapter)— a the words up to the end of the definition of “relevant patient” become subsection (1), b after that subsection there is inserted— 2 In this Chapter, a reference to a hospital may be read as a reference to a hospital unit. 3 For the purposes of this Chapter, “ hospital unit ” means any part of a hospital which is treated as a separate unit. . Removal and detention of patients Notifying decisions on removal orders 19 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 After section 295 there is inserted— Notification of decision under section 293 or 295 295A 1 Subsection (2) below applies in relation to a decision of a sheriff or a justice of the peace under section 293 of this Act making, or refusing to make, a removal order. 2 As soon as practicable after the decision is made, the mental health officer who made the application for the removal order must notify the Commission of the decision. 3 Subsection (4) below applies in relation to a decision of a sheriff under section 295 of this Act making, or refusing to make, an order recalling or varying a removal order. 4 As soon as practicable after the decision is made, the mental health officer specified in the removal order must notify the Commission of— a the decision, and b any additional order made under subsection (6) of section 295 of this Act. . Detention pending medical examination 20 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 299 (nurse's power to detain pending medical examination)— a in subsection (2)— i paragraph (b) is repealed together with the word “and” immediately preceding it, ii in the text following paragraph (b), for the words from “, subject” to the end there is substituted “ be detained in the hospital for a period not exceeding 3 hours (“holding period”) for the purpose of enabling the carrying out of a medical examination of the patient by a medical practitioner ” , b in paragraph (c) of subsection (3), for the words “to carry out a medical examination of the patient” there is substituted “ for a medical examination of the patient to be carried out by a medical practitioner ” , c subsection (4) is repealed. Periodical referral of cases Periodical referral of cases 21 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In subsection (3)(c) of section 101 (Tribunal's duty to review determination under section 86), for the words “made to” there is substituted “ determined by ” . 3 In section 189 (reference to Tribunal by Scottish Ministers)— a in subsection (2), for the words “made to” in each place where they occur there is substituted “ determined by ” , b in subsection (3)— i for the words “made to” there is substituted “ determined by ” , ii after the words “made under subsection (2) above” there is inserted “ that has been determined by it ” . 4 In section 213 (reference to Tribunal by Scottish Ministers)— a in subsection (2), for the words “made to” in each place where they occur there is substituted “ determined by ” , b in subsection (3)— i for the words “made to” there is substituted “ determined by ” , ii after the words “made under subsection (2) above” there is inserted “ that has been determined by it ” . 5 In schedule 2 (the Mental Health Tribunal for Scotland), paragraph 13A is repealed. Representation by named persons Named person not to be automatic 22 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 Sections 251 and 253 are repealed. 3 In subsection (2) of section 318 (false statements), sub-paragraph (ii) of paragraph (b) is repealed. 4 In the definition in subsection (1) of section 329 (interpretation) of “named person”, after the words “the person” there is inserted “ (if any) ” . Consent to being named person 23 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 250 (nomination of named person)— a in subsection (1), for the words “(3) and (6)” there is substituted “ (2A), (3) and (6) ” , b after subsection (2) there is inserted— 2A A nomination under subsection (1) above is valid only if— a a docket to the nomination states that the person nominated has consented to the nomination, b the docket is signed by the nominated person, and c the nominated person's signature is witnessed by a prescribed person. , c in subsection (6), for the words “may decline” there is substituted “ ceases ” . 3 In section 257 (named person: Tribunal's powers)— a in subsection (3), after the word “(4)” there is inserted “ or (5) ” , b after subsection (4) there is inserted— 5 An order under this section appointing a person to be a patient's named person may be made only if— a a document, signed by the person, states that the person has consented to being the patient's named person, and b the person's signature is witnessed by someone. 6 A person appointed by an order under this section to be a patient's named person ceases to be the patient's named person by giving notice to that effect to— a the Tribunal, b the patient, and c the local authority for the area in which the patient resides. . Appointment of named person 24 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 255 (named person: mental health officer's duties etc.)— a subsections (3) to (5) are repealed, b in paragraph (b) of subsection (7), sub-paragraph (i) is repealed together with the word “or” immediately following it. 3 In section 256 (named person: application by patient etc.)— a paragraph (a) of subsection (1) is repealed, b in paragraph (b) of subsection (1), for the words “the applicant” there is substituted “ a person mentioned in subsection (2) below (“ the applicant ”) ” . 4 In section 257 (named person: Tribunal's powers)— a subsection (1) is repealed, b in subsection (2), for the words from “declaring” to the end there is substituted “ as allowed by subsection (3A) ” , c after subsection (3) there is inserted— 3A For the purpose of subsection (2), this subsection allows an order— a in any case, to declare that the acting named person is not the named person, b if the patient has not attained the age of 16 years, to appoint the person specified in the order to be the patient's named person in place of the acting named person. . 5 In section 320 (appeal to sheriff principal against certain decisions of the Tribunal), paragraph (t) of subsection (1) is repealed. Ability to act if no named person 25 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 After section 257 there is inserted— Ability to act if no named person Ability to act if no named person 257A 1 This section applies if— a a patient does not have a named person, b the patient has attained the age of 16 years, and c the patient is incapable in relation to a decision as to whether to initiate an application or appeal in the patient's case. 2 In subsection (1)(c) above, “ incapable ” has the same meaning as in section 250 of this Act. 3 Each of the persons listed in subsection (9)(a) to (d) below has authority to initiate an application or appeal that may be made by the patient under section 50(1), 99(1), 100(2), 120(2), 125(2), 126(2), 163(1), 164(2), 192(2), 201(1), 204(1), 214(2), 219(2), 220(2), 264(2), 268(2), 320(2), 321(1) or 322(2) of this Act. 4 Each of the persons listed in subsection (9)(a) and (b) below has authority to obtain any notice or information that is to be provided under section 54(3), 60(1), 87(2)(c), 124(4) or (6), 127(7), 128(3), 129(3) or (4), 153(2)(c), 200(3), 218(4), (6) or (10)(b), 224(8), 225(3) or 226(3) of this Act. 5 The reference in subsection (3) above to section 264(2), 268(2), 320(2), 321(1) or 322(2) of this Act does not apply in relation to a guardian or a welfare attorney of the patient (as that person is already entitled to make an application or appeal under that section). 6 In the application of subsection (4) above— a the reference to section 87(2)(c) or 153(2)(c) relates only to notice of the determination mentioned in that section (and not also to a copy of the record mentioned in that section), b the reference to section 128(3) or 129(4) relates to a responsible medical officer's reasons only if that officer is satisfied that it is appropriate to give notice of them to a guardian or a welfare attorney of the patient (having regard to the need to ensure the patient's wellbeing and confidentiality). 7 Neither of the persons listed in subsection (9)(c) or (d) below has authority to act in relation to a patient by virtue of this section if the patient has made a written declaration precluding the person (or all persons) from so acting. 8 Subsections (2) to (5) and (7) of section 250 of this Act apply to a declaration mentioned in subsection (7) above as they apply to a nomination to which subsection (1) of that section relates (with that section to be read accordingly). 9 The listed persons are— a any guardian of the patient, b any welfare attorney of the patient, c the patient's primary carer (if any), d the patient's nearest relative. . Advance statements and patients' rights Advance statements to be registered 26 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 After section 276 there is inserted— Advance statements to be put with medical records 276A 1 Subsection (2) below applies where a Health Board receives a copy of an advance statement, or a copy of a document withdrawing an advance statement, from— a the person who made the statement, or b any individual acting with the person's authority in relation to the statement. 2 The Health Board must— a place a copy of the statement or document with the person's medical records, and b inform the Commission— i that a copy of the statement or document is held with the person's medical records, and ii of the premises at which the medical records are kept (and the personal and administrative details essential for identifying the records as the person's). Advance statements to be registered by the Commission 276B 1 Where the Commission receives information by virtue of section 276A(2) of this Act, the Commission must enter the information in a register of advance statements maintained by it (and mark the date on which the entry is made). 2 The Commission must allow an entry in the register to be inspected at a reasonable time— a by the person whose medical records are referred to in the entry, b with respect to treatment of the person for mental disorder, by any individual acting on the person's behalf, c for the purpose of making decisions or taking steps with respect to the treatment of the person for a mental disorder, by— i a mental health officer dealing with the person's case, ii the person's responsible medical officer, iii the Health Board responsible for the person's treatment. Publicising support for making advance statements 276C 1 A Health Board is to publicise any support that it offers for— a making or withdrawing an advance statement, b sending a copy of an advance statement, or a copy of a document withdrawing an advance statement, to a Health Board. 2 A Health Board must give the Commission such information as the Commission may from time to time seek on what the Health Board is doing in order to comply with subsection (1) above. . Information about advocacy services 27 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 After section 259 there is inserted— Information gathering 259A 1 Each of the bodies mentioned in subsection (2) below must give the Commission such information as the Commission may from time to time seek on how the body— a has, during a period of at least 2 years specified by the Commission, been exercising the functions conferred on the body by section 259 of this Act, and b intends, during a period of at least 2 years specified by the Commission, to exercise the functions conferred on the body by section 259 of this Act. 2 The bodies are— a a local authority, b a Health Board, c the State Hospitals Board for Scotland. . Communication at medical examination etc. 28 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 After section 261 there is inserted— Help with communication at medical examination etc. 261A 1 Subsection (2) below applies where— a a medical examination or interview referred to in subsection (4)(a) or (b) below is to be carried out, and b the subject of it— i has difficulty in communicating, or ii generally communicates in a language other than English. 2 The appropriate person must take all reasonable steps to secure that, for the purpose of enabling the subject of the medical examination or interview to communicate during it— a arrangements appropriate to the subject's needs are made, or b the subject is provided with assistance, or material, appropriate to those needs. 3 As soon as practicable after taking any steps under subsection (2) above, the appropriate person must make a written record of the steps. 4 This subsection refers to— a a medical examination by virtue of section 36(1)(a), 44(1)(a), 57(2) or 136(2) of this Act, b an interview by virtue of— i section 45(1)(a) or 61(2)(a) of this Act, or ii section 57C(2)(a) or 59B(2)(a) of the 1995 Act. 5 In subsections (2) and (3) above, “ the appropriate person ” means— a in relation to a medical examination by virtue of section 136(2) of this Act, the Scottish Ministers, b in relation to a medical examination by virtue of any of the other sections of this Act mentioned in subsection (4)(a) above— i if it is to be carried out at a hospital, the managers of the hospital, ii if it is to be carried out elsewhere, the medical practitioner carrying it out, c in relation to an interview referred to in subsection (4)(b) above— i if it is to be carried out at a hospital, the managers of the hospital, ii if it is to be carried out elsewhere, the mental health officer carrying it out. . Conflicts of interest to be avoided 29 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 After section 291 there is inserted— Conflicts of interest to be avoided Conflicts of interest to be avoided 291A 1 There must not be a conflict of interest in relation to a medical examination to be carried out for the purpose of section 36(1), 44(1), 47(1), 57(2), 77(2), 78(2), 139(2), 140(2) or 182(2) of this Act. 2 Regulations may— a specify circumstances in which, in the application of subsection (1) above— i there is to be taken to be a conflict of interest, ii there is not to be taken to be a conflict of interest, b specify circumstances in which subsection (1) above does not apply. . 3 These provisions are repealed— a in section 36 (emergency detention in hospital)— i paragraph (a) of subsection (3), ii subsection (9), b in section 44 (short-term detention in hospital)— i paragraph (a) of subsection (3), ii subsection (8), c in section 47 (extension of detention pending application for compulsory treatment order)— i paragraph (a) of subsection (2) together with the word “and” immediately following it, ii subsection (5), d in section 58 (medical examination: requirements), subsection (5). Safeguarding the patient's interest 30 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 245 (certificates under sections 235, 236, 239 and 241), in subsection (3)— a the word “and” immediately preceding sub-paragraph (ii) of paragraph (a) is repealed, b after sub-paragraph (ii) of paragraph (a) there is inserted— iii any guardian of the patient; and iv any welfare attorney of the patient; . Services and accommodation for mothers Services and accommodation for mothers 31 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 24 (provision of services and accommodation for certain mothers with post-natal depression)— a in paragraph (d) of subsection (1), for the words “for post-natal depression,” there is substituted for— i post-natal depression; or ii a mental disorder (other than post-natal depression), , b after subsection (1) there is inserted— 1A But a Health Board is required to provide services and accommodation under subsection (1) above only if it is satisfied that doing so would be beneficial to the wellbeing of the child. . 3 The title of section 24 becomes “ Services and accommodation for mothers ” . Cross-border transfers and absconding patients Cross-border transfer of patients 32 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 289 (cross-border transfer: patients subject to requirement other than detention), in paragraph (b) of subsection (1)— a the words from “a person” to the end become sub-paragraph (i), b after that sub-paragraph (as so numbered) there is inserted— ii a person subject to corresponding requirements in a member State of the European Union (apart from the United Kingdom) and removed from that State. . 3 In section 290 (cross-border transfer: patients subject to detention requirement or otherwise in hospital)— a in paragraph (c) of subsection (1)— i the words from “a person” to the end become sub-paragraph (i), ii after that sub-paragraph (as so numbered) there is inserted— ii a person subject to corresponding measures in a member State of the European Union (apart from the United Kingdom) and removed from that State. , b for paragraph (f) of subsection (2) there is substituted— f enable an appeal against any such decision to be made by— i such a patient, ii the named person of such a patient, iii if such a patient has no named person— any guardian of such a patient, any welfare attorney of such a patient, the primary carer (if any) of such a patient, the nearest relative of such a patient; . 4 In section 309A (cross-border visits: leave of absence), in subsection (1)— a the words from “a person” to the end become paragraph (a), b after that paragraph (as so numbered) there is inserted— b a person who is subject to a corresponding suspension of detention in a member State of the European Union (apart from the United Kingdom). . Dealing with absconding patients 33 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In paragraph (a)(iii) of subsection (3) of section 303 (taking into custody and return of absconding patients), after the words “compulsory treatment order” there is inserted “ or an interim compulsory treatment order ” . 3 In section 309 (patients from other jurisdictions)— a in subsection (1)— i the words from “persons” to the end become paragraph (a), ii after that paragraph (as so numbered) there is inserted— b persons in Scotland who are subject to corresponding requirements or corresponding measures in a member State of the European Union (apart from the United Kingdom). , b in subsection (2), for the words “Those regulations” there is substituted “ Regulations under subsection (1) above ” , c after subsection (2) there is inserted— 2ZA Regulations may make provision applying specific provisions in Part 16 of this Act to persons to whom sections 301 to 303 of this Act apply by virtue of subsection (1) above. 2ZB Regulations under subsection (2ZA) above may make such modifications of that Part in that application as the Scottish Ministers think fit. 2ZC But regulations under subsection (2ZA) above may not— a apply any of that Part to persons who are subject to requirements or measures corresponding only to detention in hospital in accordance with an emergency detention certificate, or b authorise medical treatment of the types mentioned in section 234(2) or 237(3) of this Act. . 4 In section 310 (regulations as to absconding by other patients), after subsection (3) there is inserted— 3A In making provision as described in paragraphs (a) and (b) of subsection (1) above, regulations under that subsection may specify persons who are authorised by patients' responsible medical officers. . Arrangements for treatment of prisoners Agreement to transfer of prisoners 34 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 136 (transfer of prisoners for treatment for mental disorder), after paragraph (a) of subsection (3) there is inserted— aa that— i a mental health officer has agreed to the making of the direction, or ii it has been impracticable to obtain the agreement of a mental health officer; . Compulsory treatment of prisoners 35 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In schedule 2 (the Mental Health Tribunal for Scotland), in paragraph 7— a in sub-paragraph (4), for the words “(other than proceedings relating solely to an application under section 255 or 256 of this Act)” there is substituted “ (other than excepted proceedings) ” , b after sub-paragraph (4) there is inserted— 4A For the purpose of sub-paragraph (4) above, the following are excepted proceedings— a proceedings relating solely to an application under section 255 or 256 of this Act, or b proceedings relating to an application for a compulsory treatment order in respect of a patient subject to— i a hospital direction, or ii a transfer for treatment direction. . 3 In schedule 3 (application of Chapter 1 of Part 7 to certain patients), after paragraph 1 there is inserted— 1A In the case of a patient subject to a hospital direction or a transfer for treatment direction, section 60(1) of this Act shall have effect as if, after paragraph (b), there were inserted— ba to the Scottish Ministers; . Provision of information by the Commission Provision of information by the Commission 36 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 19 (statistical information)— a the words “, in accordance with directions given to it by the Scottish Ministers,” are repealed, b after the words “other information” there is inserted “ of such kind as may be prescribed in regulations ” , c the existing text becomes subsection (1), d after that subsection, there is inserted— 2 Before making regulations under subsection (1) above, the Scottish Ministers shall consult such persons as they consider appropriate. . 3 In subsection (4)(c) of section 326 (orders, regulations and rules) after the words “regulations under section” there is inserted “ 19(1), ” . Review of deaths of patients in hospital for treatment Review of deaths of patients in hospital for treatment 37 1 The Scottish Ministers must carry out a review of the arrangements for investigating the deaths of patients who, at the time of death, were— a detained in hospital by virtue of— i the Mental Health (Care and Treatment) (Scotland) Act 2003, or ii the Criminal Procedure (Scotland) Act 1995, or b admitted voluntarily to hospital for the purpose of receiving treatment for a mental disorder. 2 The review must be carried out within 3 years of this section coming into force. 3 In carrying out the review under subsection (1), the Scottish Ministers must consult— a where practicable, the nearest relatives of patients within the meaning of subsection (1), and b such other persons as they consider appropriate. 4 The Scottish Ministers must— a publish a report setting out the findings of the review under subsection (1), b lay a copy of the report before the Parliament, and c notify the persons consulted under subsection (3) of the publication of the report. PART 2 CRIMINAL CASES Making and effect of disposals Making certain orders in remand cases 38 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 In each place where they occur as follows, before the words “in custody” there is inserted “remanded”— a in section 52B (prosecutor's power to apply for assessment order), in subsection (3)(c), b in section 52C (Scottish Ministers' power to apply for assessment order), in subsection (1)(c), c in section 52D (assessment order), in subsection (10)(d), d in section 52F (assessment order: supplementary), in subsection (1)(a), e in section 52K (prosecutor's power to apply for treatment order), in subsection (3)(c), f in section 52L (Scottish Ministers' power to apply for treatment order), in subsection (1)(c), g in section 52M (treatment order), in subsection (9)(d)(i) and (ii), h in section 52P (treatment order: supplementary), in subsection (2)(a) and (b)(ii). Detention under compulsion orders 39 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 In section 57 (disposal of case where accused found not criminally responsible or unfit for trial), in subsection (2)— a in paragraph (a), for the words “authorising the detention of the person in a hospital” there is substituted “ (whether or not authorising the detention of the person in a hospital) ” , b for paragraph (b) there is substituted— b subject to subsection (4A) below, make a restriction order in respect of the person (that is, in addition to a compulsion order authorising the detention of the person in a hospital); . Periods for assessment orders 40 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 In section 52D (assessment order)— a in subsection (6)— i in paragraph (a), for the words “expiry of the period of” there is substituted “ end of the day following the ” , ii in each of paragraphs (b) and (c), for the words “period of 28 days beginning with the day on which the order is made” there is substituted “ relevant period given by subsection (6A) below ” , b after subsection (6) there is inserted— 6A For the purpose of subsection (6)(b) and (c) above, the relevant period is the period— a beginning with the day on which the order is made, b expiring at the end of the 28 days following that day. . 3 In section 52F (assessment order: supplementary), in subsection (1), for the words “expiry of the period of” there is substituted “ end of the day following the ” . 4 In section 52G (review of assessment order)— a in subsection (1), for the words “expiry of the period of” there is substituted “ end of the day following the ” , b in subsection (4), for words from “7 days” to the end there is substituted “ the relevant period given by subsection (4A) below ” , c after subsection (4) there is inserted— 4A For the purpose of subsection (4) above, the relevant period is the period— a beginning with the day on which the order would otherwise cease to authorise the detention of the person in hospital, b expiring at the end of the 14 days following that day. . 5 In section 52H (early termination of assessment order)— a in subsection (1)— i in paragraph (a), for the words “period of 7 days beginning with the day on which the order is made” there is substituted “ relevant period given by subsection (1A) below ” , ii in paragraph (b), for the words “period of 28 days beginning with the day on which the order is made” there is substituted “ relevant period given by subsection (1A) below ” , b after subsection (1) there is inserted— 1A For the purpose of subsection (1)(a) and (b) above, the relevant period is the period— a beginning with the day on which the order is made, b expiring— i as regards subsection (1)(a) above, at the end of the 7 days following the day mentioned in paragraph (a) of this subsection, ii as regards subsection (1)(b) above, at the end of the 28 days following the day mentioned in paragraph (a) of this subsection. . Periods for treatment orders 41 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 In section 52M (treatment order)— a in subsection (3)(c), for the words “expiry of the period of” there is substituted “ end of the day following the ” , b in subsection (6)(a), for the words “expiry of the period of” there is substituted “ end of the day following the ” . 3 In section 52P (treatment order: supplementary), in subsection (1), for the words “expiry of the period of” there is substituted “ end of the day following the ” . 4 In section 52R (termination of treatment order)— a in subsection (1)(a), for the words “period of 7 days beginning with the day on which the order is made” there is substituted “ relevant period given by subsection (1A) below ” , b after subsection (1) there is inserted— 1A For the purpose of subsection (1)(a) above, the relevant period is the period— a beginning with the day on which the order is made, b expiring at the end of the 7 days following that day. . Periods for short-term compulsion 42 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 In section 53 (interim compulsion order)— a in subsection (3)(c), for the words “expiry of the period of” there is substituted “ end of the day following the ” , b in subsection (8)— i in paragraph (a), for the words “expiry of the period of” there is substituted “ end of the day following the ” , ii in paragraph (b), for the words “12 weeks beginning with the day on which the order is made” there is substituted “ the relevant period given by subsection (8A) below ” , iii in paragraph (c), for the words “period of 12 weeks beginning with the day on which the order is made” there is substituted “ relevant period given by subsection (8A) below ” , c after subsection (8) there is inserted— 8A For the purpose of subsection (8)(b) and (c) above, the relevant period is the period— a beginning with the day on which the order is made, b expiring at the end of the 12 weeks following that day. . 3 In section 53A (interim compulsion order: supplementary), in subsection (1), for the words “expiry of the period of” there is substituted “ end of the day following the ” . 4 In section 53B (review and extension of interim compulsion order)— a in subsection (4), for the words from “(not exceeding” to “not made)” there is substituted “ not exceeding the relevant period given by subsection (4A) below ” , b after subsection (4) there is inserted— 4A For the purpose of subsection (4) above, the relevant period is the period— a beginning with the day on which the order would cease to have effect if it were not extended, b expiring at the end of the 12 weeks following that day. , c in subsection (5), for the words “12 months beginning with the day on which the order was first made.” there is substituted the period— a beginning with the day on which the order was first made, b expiring at the end of the 12 months following that day. . 5 In section 54 (unfitness for trial: further provision), in subsection (2B)(a), for the words “expiry of the period of” there is substituted “ end of the day following the ” . Periods for compulsion orders 43 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 In section 57A (compulsion order)— a in subsection (2), for the words “period of 6 months beginning with the day on which the order is made” there is substituted “ relevant period given by subsection (2A) below ” , b after subsection (2) there is inserted— 2A For the purpose of subsection (2) above, the relevant period is the period— a beginning with the day on which the order is made, b expiring at the end of the 6 months following that day. , c in subsection (5)(b), for the words “expiry of the period of” there is substituted “ end of the day following the ” . 3 In section 57B (compulsion order authorising detention in hospital or requiring residence at place: ancillary provision), in subsection (1), for the words “expiry of the period of” there is substituted “ end of the day following the ” . 4 In section 57D (compulsion order: supplementary), in subsection (1), for the words “expiry of the period of” there is substituted “ end of the day following the ” . Periods for hospital directions 44 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 In section 59A (hospital direction)— a in subsection (4)(b), for the words “expiry of the period of” there is substituted “ end of the day following the ” , b in subsection (7)(a), for the words “expiry of the period of” there is substituted “ end of the day following the ” . 3 In section 59C (hospital direction: supplementary), in subsection (1), for the words “expiry of the period of” there is substituted “ end of the day following the ” . Variation of certain orders Variation of interim compulsion orders 45 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 In section 53B (review and extension of interim compulsion order)— a in subsection (4)— i the words from “if satisfied” to the end become paragraph (a), ii after that paragraph (as so numbered) there is inserted , and b if it seems appropriate to do so, direct that the offender be admitted to the hospital specified in the direction. , b in subsection (6), after the word “order” there is inserted “ or make a direction specifying a hospital ” , c after subsection (7) there is inserted— 7A Where a direction is made under subsection (4) above, the interim compulsion order has effect as if the hospital specified in the direction were the hospital specified in the order. . Transfer of patient to suitable hospital 46 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 The italic heading immediately preceding section 61 becomes “ Miscellaneous provision ” . 3 After section 61 there is inserted— Transfer of person to suitable hospital 61A 1 Subsection (2) below applies in relation to a person who is subject to— a an assessment order, b a treatment order, c an interim compulsion order, or d a temporary compulsion order (see section 54(1)(c) of this Act). 2 The person's responsible medical officer may transfer the person from the specified hospital to another hospital. 3 The responsible medical officer may transfer the person only if satisfied that, for the purpose for which the order in question is made— a the specified hospital is not suitable, and b the other hospital is suitable. 4 In considering the suitability of each hospital, the responsible medical officer is to have particular regard to the specific requirements and needs in the person's case. 5 As far before the transfer as practicable, the responsible medical officer must— a inform the person of the reason for the transfer, b notify the managers of the specified hospital, and c obtain the consent of— i the managers of the other hospital, and ii the Scottish Ministers. 6 As soon after the transfer as practicable, the responsible medical officer must notify— a any solicitor known by the officer to be acting for the person, and b the court which made the order in question. 7 A person may be transferred under subsection (2) above only once with respect to the order in question. 8 Where a person is transferred under subsection (2) above, the order in question has effect as if the other hospital were the specified hospital. 9 In this section— “ managers ” has the meaning given by section 329(1) of the Mental Health (Treatment and Care) Scotland) Act 2003, “ responsible medical officer ” has the meaning given by section 329(4) of that Act, “ specified hospital ” means hospital to which the person is admitted by virtue of the order in question. . Specification of hospital units Specification of unit 47 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 After section 61 there is inserted— Specification of hospital unit 61B 1 A reference in this Part to a hospital may be read as a reference to a hospital unit. 2 In the operation of section 61A of this Act in relation to a transfer from one hospital unit to another within the same hospital— a subsection (2) of that section applies by virtue of subsection (1) of that section where the order in question specifies the hospital unit in which the person is to be detained, b in subsection (5) of that section— i paragraph (b) is to be ignored, ii in paragraph (c)(i), the reference to the managers of the other hospital is to be read as a reference to the managers of the hospital in which the person is detained. 3 For the purposes of this section, “ hospital unit ” means any part of a hospital which is treated as a separate unit. . Transfer from specified unit 48 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 After section 218 there is inserted— Transfer of patient from specified hospital unit 218A 1 Subsection (2) below applies where— a a patient is subject to— i a compulsion order and a restriction order, ii a hospital direction, or iii a transfer for treatment direction, and b that order or (as the case may be) direction specifies the hospital unit in which the patient is to be detained. 2 If the condition in subsection (3) below is satisfied, the managers of the hospital in which the patient is detained may transfer the patient to another hospital unit within the same hospital. 3 The condition is that the Scottish Ministers consent to the transfer. 4 In relation to a transfer or proposed transfer under subsection (2) above, section 218(4) to (14) of this Act applies subject to the following modifications— a a reference to section 218(2) is to be read as a reference to subsection (2) above, b in subsection (10)(a), a reference to section 218(3) is to be read as a reference to subsection (3) above, c in subsection (12), a reference to the hospital from which the patient is transferred is to be read as a reference to the hospital in which the patient is detained, d in subsections (13)(b) and (14), a reference to the hospital to which the patient is transferred is to be read as a reference to the hospital unit to which the patient is transferred. 5 For the purposes of this section, “ hospital unit ” means any part of a hospital which is treated as a separate unit. . Consequential repeals 49 The following enactments are repealed— a section 9 of the Crime and Punishment (Scotland) Act 1997, b paragraph 66 of schedule 7 to the Criminal Justice and Licensing (Scotland) Act 2010. Miscellaneous amendments Information on extension of compulsion order 50 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 After section 153 there is inserted— Further information on extension of compulsion order 153A 1 Subsections (2) and (3) below apply where— a a mental health officer receives notice of a determination under section 152 of this Act from a patient's responsible medical officer, and b the Tribunal is required by virtue of section 165(2)(a) of this Act to review the determination. 2 The mental health officer must— a prepare a record stating the information mentioned in subsection (4) below, b submit the record to the Tribunal, and c at the same time as submitting the record to the Tribunal, send to the persons mentioned in subsection (6) below— i a copy of the record, and ii a statement of the matters mentioned in subsection (5) below. 3 At the same time as submitting the record to the Tribunal, the mental health officer must send a copy of the record to the patient except where the officer considers that doing so carries a risk of significant harm to the patient or others. 4 The information to be stated in the record is— a the name and address of the patient, b if known by the mental health officer, the name and address of— i the patient's named person, and ii the patient's primary carer, c the things done by the mental health officer in compliance with the requirements in subsection (2) of section 151 of this Act (and, if by virtue of subsection (3) of that section the first-listed one has not been complied with, the reason why compliance with it was impracticable), d so far as relevant to the extension of the compulsion order— i the details of the personal circumstances of the patient, and ii if known by the mental health officer, the details of any advance statement made by the patient (and not withdrawn by the patient), e the views of the mental health officer on the extension of the compulsion order, and f any other information that the mental health officer considers relevant in relation to the extension of the compulsion order. 5 The matters referred to in subsection (2)(c) above are— a whether the mental health officer is sending a copy of the record to the patient, and b if the mental health officer is not sending a copy of the record to the patient, the reason for not doing so. 6 For the purposes of subsection (2)(c) above, the persons are— a the patient's named person, b the patient's responsible medical officer, and c the Commission. . Notification of changes to compulsion order 51 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 157 (application for extension and variation of compulsion order: notification), paragraph (f) is repealed together with the word “and” immediately preceding it. 3 In section 160 (application for variation of compulsion order: notification), for the word “(f)” there is substituted “ (e) ” . Effect of revocation of restriction order 52 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In subsection (2) of section 198 (effect of revocation of restriction order), for the words “Tribunal revoked the restriction order” there is substituted “ order revoking the restriction order has effect in accordance with section 196 of this Act ” . Clarification of meaning of compulsion order 53 1 The Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 For the definition in subsection (1) of section 307 (interpretation) of “compulsion order” there is substituted— “ compulsion order ” means an order under section 57(2)(a) or 57A(2) of this Act; . 3 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 4 In subsection (6)(d) of section 1 (principles for discharging certain functions), for the words “section 57A(2)” there is substituted “ section 57(2)(a) or 57A(2) ” . 5 For the definition in subsection (1) of section 329 (interpretation) of “compulsion order” there is substituted— “ compulsion order ” means an order under section 57(2)(a) or 57A(2) of the 1995 Act; . PART 3 VICTIMS' RIGHTS Information and representations Right to information: offender imprisoned 54 1 The Criminal Justice (Scotland) Act 2003 is amended as follows. 2 In section 16 (victim's right to receive information concerning release etc. of offender), in subsection (3)— a in paragraph (e)— i for the words “or young” there is substituted “ , young ” , ii after the word “institution” there is inserted “ or hospital ” , b the word “and” immediately preceding paragraph (f) is repealed, c in paragraph (f)— i for the words “or young” there is substituted “ , young ” , ii after the word “institution” there is inserted “ or hospital ” , d after paragraph (f) there is inserted— g where the convicted person is liable to be detained in a hospital under a hospital direction or transfer for treatment direction— i that a certificate has been granted, for the first time, under the Mental Health Act which suspends the person's detention and does not impose a supervision requirement, ii that the certificate mentioned in sub-paragraph (i) has been revoked. . 3 In section 16, in subsection (4)— a the word “or” immediately preceding paragraph (b) is repealed, and b at the end of paragraph (b) there is inserted ; or c modify section 18A, by adding, amending or repealing definitions of terms used in the descriptions of information in subsection (3) of this section. . Right to information: compulsion order 55 1 The Criminal Justice (Scotland) Act 2003 is amended as follows. 2 After section 16 there is inserted— Victim's right to receive information concerning offender subject to compulsion order 16A 1 Subsection (2) applies where— a an offence has been perpetrated against a natural person, b another person (“O”) has been made subject to a compulsion order and a restriction order in proceedings in respect of that offence, c a person has asked to be given information about O under this section and that person is, or was at the time of asking, a person entitled to ask to be given the information (see section 16B), and d O has attained the age of 16 years. 2 The Scottish Ministers must give the information about O described in section 16C to the person mentioned in subsection (1)(c). 3 But the Scottish Ministers— a need not give a person information under this section if they consider there to be exceptional circumstances which make it inappropriate to do so, b are not to give a person information about the terms of a condition in accordance with section 16C(2)(h) unless the condition is relevant to that person as described in section 18A(3). 4 If the compulsion order or the restriction order mentioned in subsection (1)(b) is revoked, subsection (2) ceases to apply when the Scottish Ministers give the person mentioned in subsection (1)(c) the information that— a the order has been revoked, and b the decision to revoke it is final. Person entitled to ask to be given information under section 16A 16B 1 The reference in section 16A(1)(c) to a person entitled to ask to be given information under that section is to— a the natural person (“V”) against whom the offence mentioned in section 16A(1)(a) (“the relevant offence”) was perpetrated, b if V is dead— i any or all of the four qualifying persons highest listed in section 14(10), and ii if V died before attaining the age of 16 years, any other person who cared for V immediately before the relevant offence was perpetrated, or c if V has attained the age of 12 years and is incapable for the purposes of this section, the qualifying person highest listed in section 14(10). 2 If a person (including V) who would be entitled to ask to be given information by virtue of subsection (1) has not attained the age of 12 years— a the person is not entitled to ask to be given the information, and b someone who cares for the person is entitled to ask to be given it instead. 3 For the purposes of this section— a the references to a qualifying person are to a person— i whose relationship to V is listed in subsection (10) of section 14 (read with the other subsections of that section), ii who is not incapable for the purposes of this section, and iii who is not a person accused of, or reasonably suspected of being the perpetrator of, or having been implicated in the perpetration of, the relevant offence, b when determining who is the qualifying person highest listed in section 14(10), if two or more persons have the same relationship to V they are to be listed according to age with the eldest being the highest listed of them, c the expressions “cared for” and “cares for”, are to be construed in accordance with the definition of “someone who cares for” in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010, d a person is to be considered incapable for the purposes of this section if the person would be considered incapable of making a victim statement by virtue of section 14(6)(b)(i) and (7). Information to be given under section 16A 16C 1 This section sets out the information that is to be given under section 16A about the person referred to in that section as O. 2 The following information is to be given in any case— a that the compulsion order to which O is subject and which is mentioned in section 16A(1)(b) has been revoked, b that the restriction order to which O is subject and which is mentioned in section 16A(1)(b) has been revoked, c where the order mentioned in paragraph (a) or the order mentioned in paragraph (b) has been revoked, that the decision to revoke it— i is being appealed against, or ii cannot competently be appealed against and is therefore final, d the date of O's death, e that the compulsion order has been varied by way of a modification of the measures specified in it, f that O has been transferred to a place outwith Scotland, g that the Mental Health Tribunal has made an order under section 193(7) of the Mental Health Act conditionally discharging O, h the terms of any conditions imposed on O on conditional discharge under section 193(7) or section 200(2) of the Mental Health Act (including under section 193(7) as applied by section 201(3) or 204(3) of that Act), i that the Scottish Ministers have recalled O to hospital under section 202 of the Mental Health Act. 3 The following information is to be given in a case where the compulsion order authorises O's detention in hospital— a that O is unlawfully at large from hospital, b that O has returned to hospital having been unlawfully at large, c that a certificate has been granted, for the first time, under the Mental Health Act which suspends O's detention and does not impose a supervision requirement, d that the certificate mentioned in paragraph (c) has been revoked. 4 The following information is to be given in a case where the order mentioned in paragraph (a) or the order mentioned in paragraph (b) of subsection (2) has been revoked and that decision is appealed against— a that the Court of Session has decided to allow, or not allow, the appeal against the decision to revoke the order in question, b that the Court of Session's decision— i has been appealed against to the Supreme Court, or ii has not been appealed against to the Supreme Court before the expiry of the time allowed to appeal to the Supreme Court, and therefore if the Court of Session has not allowed the appeal the decision to revoke the order in question is final, c that the Supreme Court has decided to allow, or not allow, the appeal against the Court of Session's decision, d if the Supreme Court's decision means that the decision to revoke the order in question has not been set aside, that the latter decision is final, e if the Court of Session's decision or the Supreme Court's decision means that O is once more subject to the order in question, that fact. . Right to make representations 56 1 The Criminal Justice (Scotland) Act 2003 is amended as follows. 2 After section 17A there is inserted— Mentally-disordered offender: victim's right to make representations 17B 1 A person (“V”) who is to be given information about another person (“O”) under section 16 or 16A, must be afforded an opportunity to make representations— a in a case where O is subject to a hospital direction or a transfer for treatment direction, before a decision of a type described in subsection (4) is taken in relation to O, b in a case where O is subject to a compulsion order and a restriction order, before a decision of a type described in subsection (5) is taken in relation to O. 2 Representations under this section must be about how the decision in question might affect V or members of V's family. 3 Subsection (1) does not apply unless V has intimated to the Scottish Ministers a wish to be afforded an opportunity to make representations about O under this section. 4 For the purpose of subsection (1)(a), the type of decision is a decision by O's responsible medical officer about granting for the first time a certificate under the Mental Health Act which suspends O's detention and does not impose a supervision requirement. 5 For the purpose of subsection (1)(b), the types of decision are a decision— a by O's responsible medical officer about granting for the first time a certificate under the Mental Health Act which suspends O's detention and does not impose a supervision requirement, b by the Mental Health Tribunal under section 193 of the Mental Health Act (including a decision under that section as applied by section 201(3) or 204(3) of that Act), c by the Scottish Ministers under section 200 of the Mental Health Act about imposing, altering or removing a condition which is (or would be) relevant to V as described in section 18A(3). 6 The Scottish Ministers need not afford V an opportunity to make representations before taking a decision of the type described in subsection (5)(c) if it is not reasonably practicable to afford V that opportunity. Making representations under section 17B 17C 1 Representations under section 17B— a may be made orally in relation to a decision of a type described in section 17B(5)(b), b otherwise, must be made in writing. 2 The Scottish Ministers are to issue guidance as to how— a written representations under section 17B should be framed, and b oral representations under that section should be made. Right to information after section 17B decision 17D 1 Subsection (2) applies where— a before a decision was taken, a person (“V”) was afforded an opportunity to make representations under section 17B, b the decision has since been taken, c the Scottish Ministers are not required under section 16A to give any information to V as a result of the decision, and d V has intimated to the Scottish Ministers a wish to receive information under this section. 2 The Scottish Ministers must, unless they consider that there are exceptional circumstances which make it inappropriate to do so, inform V that the decision has been taken. 3 Subsection (4) applies where— a in accordance with subsection (2), the Scottish Ministers have informed V that the Tribunal has decided to make an order revoking a compulsion order or restriction order, and b by virtue of section 196 of the Mental Health Act, the Tribunal's order does not have effect because the Court of Session has made an order under section 323(1) of that Act. 4 The Scottish Ministers must— a inform V that the Court of Session has made an order under section 323(1) of the Mental Health Act, and b give V the information that they would have had to give V by virtue of section 16C(4) had the Court not made that order. . Additional provisions Information sharing 57 1 The Criminal Justice (Scotland) Act 2003 is amended as follows. 2 After section 17D there is inserted— Information sharing in respect of mentally-disordered offenders 17E 1 Where the Scottish Ministers are subject to a duty under section 16 or 16A to give a person (“V”) information about another person (“O”), they must give notice to— a O's responsible medical officer, and b if O is subject to a compulsion order, the Mental Health Tribunal. 2 A notice under subsection (1) is to request that the recipient of the notice provide the Scottish Ministers with information in such circumstances as may be specified in the notice. 3 The information that the Scottish Ministers may request in a notice under subsection (1) must be information about O which they will require in order to fulfil their duty to give information to V under section 16, 16A or 17D. 4 The recipient of a notice under subsection (1) must provide the Scottish Ministers with the information requested in the notice in the circumstances specified in it. 5 If the Scottish Ministers cease to be required to give anyone information about O under section 16 or 16A— a they must intimate that fact to anyone to whom they sent a notice in relation to O in accordance with subsection (1), and b on receiving that intimation, subsection (4) ceases to apply to the person who received the intimation. . Associated definitions 58 1 The Criminal Justice (Scotland) Act 2003 is amended as follows. 2 After section 18 there is inserted— Interpretation of Part 18A 1 In this Part— “ Mental Health Act ” means the Mental Health (Care and Treatment) (Scotland) Act 2003, “ Mental Health Tribunal ” means the Mental Health Tribunal for Scotland, “ transfer for treatment direction ” means a direction made under section 136 of the Mental Health Act. 2 A reference in this Part— a to a certificate under the Mental Health Act which suspends a person's detention and does not impose a supervision requirement is to a certificate under subsection (2) of section 224 of that Act which does not include a condition under subsection (7)(a) of that section, b to such a certificate being granted for the first time is to such a certificate being granted for the first time— i since the person was detained under the particular order or direction which authorises the person's detention in a hospital (or would do, but for the certificate's being granted), or ii in a case where the person, while subject to that order or direction, has been recalled to hospital under section 202 of the Mental Health Act, since the person was so recalled (or most recently so recalled if it has happened more than once). 3 For the purposes of sections 16A(3)(b) and 17B(5)(c), a condition is relevant to a person (“V”) if— a the condition is a restriction on the person referred to in the section in question as O contacting an individual or being in a place, and b V has made a valid request to the Scottish Ministers to be informed about any condition which restricts O from— i contacting that individual, or (as the case may be) ii being in that place or any wider area within which the place in question falls. 4 The Scottish Ministers may treat a request as invalid for the purposes of subsection (3) if or so far as— a it is a request to be informed about any condition which restricts O from being in a place, and b the place referred to in the request— i is not one which V or any member of V's family is regularly at or in, or ii covers an unreasonably large area having regard to the places where V and members of V's family regularly go. . Power to make modifications 59 1 The Criminal Justice (Scotland) Act 2003 is amended as follows. 2 After section 18A there is inserted— Power to modify Part 18B 1 The Scottish Ministers may by order amend— a sections 16A and 16B, by substituting for any age for the time being specified in those sections a different age, b section 16C, by adding descriptions of information, c section 18A, by adding, amending or repealing definitions of terms used in the descriptions of information in section 16C. 2 The Scottish Ministers may by order amend— a section 16A, so that information may be given under that section in some or all cases where a person has been made subject to a compulsion order and either— i the person has not been made subject to a restriction order, or ii the restriction order to which the person was made subject has been revoked, b section 17B, to specify types of decision in respect of which representations under that section may be made by persons who have a right to be given information under section 16A as amended by virtue of paragraph (a). 3 In an order under subsection (2) which amends section 16A or 17B, the Scottish Ministers may make any amendment to the following enactments which they consider necessary or expedient in consequence of the amendment to section 16A or 17B— a sections 16C, 17E and 18A, b the Mental Health (Care and Treatment) (Scotland) Act 2003. . 3 In section 88 (orders), after “16(4)” there is inserted “ , 18B ” . Amendments to the 2003 Act 60 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 In section 193 (powers of Tribunal on reference or application under certain sections), after subsection (9) there is inserted— 9A Where— a a person (“V”) is entitled to make victim's representations before the Tribunal makes a decision under this section, and b V has not been afforded the opportunity of making representations under subsection (8), before making a decision about what (if any) conditions to impose on the patient's conditional discharge under subsection (7), the Tribunal must have regard to any victim's representations made by V. . 3 In section 200 (variation of conditions imposed on conditional discharge), after subsection (2) there is inserted— 2A Before varying any conditions under subsection (2), the Scottish Ministers must have regard to any victim's representations. . 4 In section 224 (patients subject to certain other orders and directions: suspension of measure authorising detention), after subsection (6) there is inserted— 6A Before deciding what conditions such as are mentioned in subsection (7) below to include in a certificate under subsection (2) above (if any), the responsible medical officer must have regard to any victim's representations. . 5 In section 329 (interpretation), at the appropriate alphabetical place in subsection (1) there is inserted— “ victim's representations ” means representations made under section 17B of the Criminal Justice (Scotland) Act 2003 in relation to the matter being considered; . PART 4 COMMENCEMENT AND SHORT TITLE Commencement 61 1 This Part and section 17 come into force on the day after Royal Assent. 2 The other 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. Short title 62 The short title of this Act is the Mental Health (Scotland) Act 2015. S. 14 in force at 16.11.2015 by S.S.I. 2015/361 , art. 2 (with arts. 3 , 6 ) S. 15 in force at 16.11.2015 by S.S.I. 2015/361 , art. 2 (with arts. 4-6 ) S. 16 in force at 16.11.2015 by S.S.I. 2015/361 , art. 2 S. 18 in force at 16.11.2015 by S.S.I. 2015/361 , art. 2 S. 37 in force at 24.12.2015 by S.S.I. 2015/417 , art. 2 S. 23(1) (2) in force at 5.5.2017 for specified purposes by S.S.I. 2017/126 , art. 2 , sch. S. 29 in force at 5.5.2017 for specified purposes by S.S.I. 2017/126 , art. 2 , sch. S. 32 in force at 5.5.2017 for specified purposes by S.S.I. 2017/126 , art. 2 , sch. S. 33 in force at 5.5.2017 for specified purposes by S.S.I. 2017/126 , art. 2 , sch. S. 54 in force at 5.5.2017 for specified purposes by S.S.I. 2017/126 , art. 2 , sch. S. 58 in force at 5.5.2017 for specified purposes by S.S.I. 2017/126 , art. 2 , sch. S. 2 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 3 ) S. 3 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 4 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 5 ) S. 5 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 6 ) S. 6 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 7 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 7 ) S. 8 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 8 ) S. 9 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 10 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 9 ) S. 11 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 12 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 13 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 19 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 10 ) S. 20 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 11 ) S. 21 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 12 ) S. 22 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with arts. 13-15 ) S. 23(1) (2) in force at 30.6.2017 for specified purposes by S.S.I. 2017/197 , art. 2 , sch. (with art. 16(a) ) S. 23(3) in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 16(b) ) S. 24 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 25 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 26 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 27 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 28 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 29 in force at 30.6.2017 in so far as not already in force by S.S.I. 2017/197 , art. 2 , sch. S. 30 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 31 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 32 in force at 30.6.2017 in so far as not already in force by S.S.I. 2017/197 , art. 2 , sch. S. 33 in force at 30.6.2017 in so far as not already in force by S.S.I. 2017/197 , art. 2 , sch. S. 34 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 35 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 17 ) S. 36 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 18 ) S. 38 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 39 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 46 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 47 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 48 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 49 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 24 ) S. 50 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 4 ) S. 51 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 52 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 25 ) S. 53 in force at 30.6.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 54 in force at 15.9.2017 for specified purposes by S.S.I. 2017/234 , art. 2(1)(a) (with arts. 3 , 4 ) S. 55 in force at 15.9.2017 for specified purposes by S.S.I. 2017/234 , art. 2(1)(b) (3) (with arts. 5-8 ) S. 56 in force at 15.9.2017 for specified purposes by S.S.I. 2017/234 , art. 2(1)(c) S. 57 in force at 15.9.2017 by S.S.I. 2017/234 , art. 2(1)(d) S. 58 in force at 15.9.2017 in so far as not already in force by S.S.I. 2017/234 , art. 2(1)(e) S. 40 in force at 30.9.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 19 ) S. 41 in force at 30.9.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 20 ) S. 42 in force at 30.9.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 21 ) S. 43 in force at 30.9.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 22 ) S. 44 in force at 30.9.2017 by S.S.I. 2017/197 , art. 2 , sch. (with art. 23 ) S. 45 in force at 30.9.2017 by S.S.I. 2017/197 , art. 2 , sch. S. 54 in force at 30.9.2017 in so far as not already in force by S.S.I. 2017/234 , art. 2(2)(a) S. 55 in force at 30.9.2017 in so far as not already in force by S.S.I. 2017/234 , art. 2(2)(a) S. 56 in force at 30.9.2017 in so far as not already in force by S.S.I. 2017/234 , art. 2(2)(a) S. 59 in force at 30.9.2017 by S.S.I. 2017/234 , art. 2(2)(b) S. 60 in force at 30.9.2017 by S.S.I. 2017/234 , art. 2(2)(c)
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[uk-legislation-asp][asp] 2024-05-04 Scottish Elections (Reduction of Voting Age) Act 2015
http://www.legislation.gov.uk/asp/2015/7/2020-04-27
http://www.legislation.gov.uk/asp/2015/7/2020-04-27 Scottish Elections (Reduction of Voting Age) Act 2015 An Act of the Scottish Parliament to reduce the voting age to 16 at elections for membership of the Scottish Parliament and local government elections; and for connected purposes. text text/xml en Statute Law Database 2020-06-02 Expert Participation 2020-04-27 Scottish Elections (Reduction of Voting Age) Act 2015 2015 asp 7 An Act of the Scottish Parliament to reduce the voting age to 16 at elections for membership of the Scottish Parliament and local government elections; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 18th June 2015 and received Royal Assent on 24th July 2015 Reduction of voting age Scottish elections: reduction of voting age to 16 1 1 In section 2 of the Representation of the People Act 1983 (“ the 1983 Act ”) (local government electors)— a in subsection (1)(d), after “over” insert “ , except in Scotland (see subsection (1A)) ” , b after subsection (1) insert— 1A In Scotland, voting age is 16 years or over. . 2 The amendments made by subsection (1) have effect for the purposes of— a an election for membership of the Scottish Parliament (by virtue of section 11 of the Scotland Act 1998) at which the poll is to be held on or after 5 April 2016, b a local government election at which the poll is to be held on or after 5 May 2016, c any other relevant election at which the poll is to be held on or after 5 May 2016. 3 In subsection (2)(c), “ other relevant election ” means an election (other than one mentioned in subsection (2)(a) or (b)) to which section 2 of the 1983 Act applies for the purpose of determining entitlement to vote at the election. Registration of electors Annual canvass 2 1 In section 9A of the 1983 Act (registration officers: duty to take necessary steps), after subsection (2) insert— 2A In relation to the registration of local government electors in Scotland, subsections (1) and (2)(b) do not require a registration officer to make house to house inquiries in relation to any person under the age of 16. . 2 In regulation 32ZA of the Representation of the People (Scotland) Regulations 2001 (“ the 2001 Regulations ”) (canvass form)— a after paragraph (3) insert— 3A In relation to the registration of local government electors, the canvass form in paragraph (2) must also— a require the full name and nationality of each person aged 14 or 15 who is eligible to register and is residing at the address to which the form is given, and b in relation to any such person named in the form, require the person's date of birth to be included. , b after paragraph (5) insert— 5A In relation to the registration of local government electors, the registration officer must not, under paragraph (5), print on the form the date of birth of any person aged under 16. . Invitations to register 3 1 In section 9E of the 1983 Act (maintenance of registers: invitations to register in Great Britain), after subsection (7) insert— 7A In relation to the registration of local government electors in Scotland, subsection (7) does not apply to a person who was under the age of 16 at the time the requirement was imposed. . 2 In regulation 32ZC of the 2001 Regulations (invitations to apply for registration), after paragraph (2) insert— 2A In relation to the registration of local government electors, where the person to be invited is under the age of 16, the invitation in paragraph (1) must also include an explanation of how the person's information will be held and used. . 3 In regulation 32ZD of the 2001 Regulations (steps to be taken by a registration officer to encourage a person to make an application for registration in response to an invitation to do so), after paragraph (3) insert— 3A In relation to the registration of local government electors, paragraph (3) does not require a registration officer to make, or have made, any visits in the case where the invitations were given to a person under the age of 16. . 4 In regulation 32ZE of the 2001 Regulations (requiring a person to make an application for registration), after paragraph (3) insert— 3A In relation to the registration of local government electors, the following provisions of this regulation do not apply in the case of a person who is under the age of 16— a paragraphs (2)(b)(iii) and (3)(b) and (c), b paragraph (3)(f), so far as requiring a notice to state that the person may make representations about why a civil penalty should not be imposed. . Invitations to register: further provision for persons aged under 16 4 1 In relation to the registration of local government electors, the Scottish Ministers may by regulations make provision about invitations to be given under section 9E(1) of the 1983 Act (invitations to apply for registration) to persons under the age of 16. 2 Regulations under subsection (1) may, in particular, include provision— a about the form and contents of invitations, b about the giving of invitations (for example, about the manner in which they must be given or how often they must be given), c requiring invitations to be accompanied by, or combined with, application forms or other documents (including partially completed application forms). 3 Regulations under subsection (1) may confer functions on the Electoral Commission (for example, the Commission may be required to design an invitation). 4 Regulations under subsection (1) may— a make incidental, supplemental, consequential, transitional, transitory or saving provision, b modify any enactment. 5 Before making regulations under subsection (1), the Scottish Ministers must consult the Electoral Commission. 6 Regulations under subsection (1) are subject to the affirmative procedure. Applications for registration 5 1 The 2001 Regulations are amended in accordance with this section. 2 In regulation 26 (applications for registration)— a after paragraph (1) insert— 1A In relation to the registration of local government electors, where the applicant is not able to provide the applicant's date of birth, the statement referred to in paragraph (1)(e) must indicate whether the applicant is— a under the age of 16, b aged 16 or 17, or c aged 18 or older. , b in paragraph (3), after “(1)” insert “ , (1A) ” , c after paragraph (3) insert— 3A In relation to the registration of local government electors, the paper application form under paragraph (3) must also include an explanation of how information about applicants under the age of 16 will be held and used. , d after paragraph (9) insert— 9A In relation to the registration of local government electors, paragraphs (1)(f) and (8)(a) do not apply in the case where the applicant is under the age of 16. . 3 In regulation 26B (power to request additional evidence where certain information is unavailable or where the registration officer considers it necessary), after paragraph (6) insert— 6A In relation to the registration of local government electors, paragraphs (2) to (6) do not apply in the case where the applicant is under the age of 16 if— a there is information available to the registration officer from any educational record relating to the applicant, and b that information is sufficient to satisfy the registration officer as to the applicant's identity and entitlement to be registered. . 4 In regulation 28 (inspection of applications and objections), after paragraph (2) insert— 3 In relation to the registration of local government electors, this regulation does not apply to an application made by a person under the age of 16. . 5 In regulation 29ZA (verification of information provided in an application), after paragraph (6) insert— 6A In relation to the registration of local government electors, this regulation does not apply to an application made by a person under the age of 16. . Review of entitlement to registration 6 1 The 2001 Regulations are amended in accordance with this section. 2 In regulation 31D (procedure for reviewing entitlement to registration), after paragraph (3) insert— 3A In relation to the registration of local government electors, paragraph (2)(b) does not apply where the subject of the review is under the age of 16. . 3 In regulation 31E (list of reviews), after paragraph (4) insert— 5 In relation to the registration of local government electors, this regulation does not apply to any review where the subject of the review is under the age of 16. . Anonymous registration 7 In regulation 31J of the 2001 Regulations (anonymous registration: evidence by attestation), after paragraph (4) insert— 5 In relation to the registration of local government electors, where the applicant is under the age of 16 on the date on which the application is made— a “qualifying officer” also includes a person authorised in writing for the purposes of this regulation by an officer referred to in paragraph (4)(f), and b where the attestation is signed by a person so authorised, the attestation must be accompanied by a copy of the person's authorisation. . Declarations of local connection 8 1 Section 7B of the 1983 Act (notional residence: declarations of local connection) is amended in accordance with this section. 2 After subsection (2) insert— 2A In relation to the registration of local government electors in Scotland, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)— a is under the age of 16, b does not fall within any of paragraphs (a) to (c) of subsection (2), and c meets either of the requirements specified in subsection (2B). 2B The requirements are that— a the person is, or has been, a child looked after by a local authority, or b the person is being kept in secure accommodation. 2C For the purposes of subsection (2B)— a the reference to a child looked after by a local authority is to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995 (duty of local authorities in relation to looked after children), and b “ secure accommodation ” means accommodation provided, for the purpose of restricting the liberty of children, in an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) that— i provides residential accommodation for children for the purposes of the Children's Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the Social Work (Scotland) Act 1968, and ii is approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010 (regulations in relation to care services). . 3 In subsection (4), after paragraph (b) insert— c in the case of a person falling within subsection (2A), any address in Scotland at which the person has previously been resident. . 4 After subsection (7) insert— 7A Despite anything in subsection (7), in relation to Scotland, a relevant declaration made by a person has effect only for the purposes of the person's registration as a local government elector. 7B In subsection (7A), “ relevant declaration ” means— a a declaration of local connection made by virtue of subsection (2A), b any other declaration of local connection made by a person who, on the date on which the declaration is made, is— i under the age of 17, and ii not entitled to be registered in the register of parliamentary electors. 7C A relevant declaration referred to in subsection (7A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other declarations of local connection. . Service declarations 9 1 The 1983 Act is amended in accordance with this section. 2 In section 14 (service qualification), after subsection (1) insert— 1A In relation to the registration of local government electors in Scotland, a person also has a service qualification for the purposes of this Act if— a the person is under the age of 18, b a parent or guardian of the person has a service qualification under any of paragraphs (a) to (e) of subsection (1), and c the person is residing at a particular place in order to be with that parent or guardian. . 3 In section 15 (service declaration)— a after subsection (3) insert— 3A In relation to the registration of local government electors in Scotland, a service declaration made by a person by virtue of a service qualification under section 14(1A) ceases to have effect when the person attains the age of 18. 3B Without prejudice to subsection (2), a person registered in a register of local government electors in Scotland in pursuance of a service declaration referred to in subsection (3A) ceases to be entitled to remain so registered when the person attains the age of 18. 3C Where a person's entitlement to remain registered ceases under subsection (3B), the registration officer must remove the person's entry from the register. , b after subsection (5) insert— 5A Despite anything in subsection (5), in relation to Scotland, a relevant service declaration made by a person has effect only for the purposes of the person's registration as a local government elector. 5B In subsection (5A), “ relevant service declaration ” means— a a service declaration made by virtue of a service qualification under section 14(1A), b any other service declaration made by a person who, on the date on which the declaration is made, is— i under the age of 17, and ii not entitled to be registered in the register of parliamentary electors. 5C A relevant service declaration referred to in subsection (5A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other service declarations. . 4 In section 16 (contents of service declaration)— a the existing text becomes subsection (1), b after that subsection insert— 2 In relation to the registration of local government electors in Scotland, a service declaration made by a person claiming to have a service qualification under section 14(1A) does not require to be attested. . 5 In section 17 (effect of service declaration), after subsection (2) insert— 3 In relation to the registration of local government electors in Scotland, subsection (2) is subject to section 15(3A). . Contents of service declarations 10 1 The 2001 Regulations are amended in accordance with this section. 2 In regulation 15 (contents of service declaration), after paragraph (1) insert— 1A In relation to the registration of local government electors, paragraph (1)(c) does not apply in a case where the declarant claims a service qualification under section 14(1A) of the 1983 Act (see instead regulation 15A). . 3 After regulation 15 insert— Contents of service declaration: declarant with a service qualification under section 14(1A) of the 1983 Act 15A 1 In relation to the registration of local government electors, a service declaration by a person claiming a service qualification under section 14(1A) of the 1983 Act must include, in addition to the matters specified in regulation 15(1)(a) and (b), such of the particulars specified in paragraph (2), (3) or (4) as are relevant to the declarant. 2 Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse or civil partner of such a member, the declaration must state— a the service (whether naval, military or air forces) in which the member serves, b the rank or rating of the member, c the service number of the member, and d where the member serves in the military forces, the regiment or corps in which the member serves. 3 Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a Crown servant to whom regulation 14 applies or the spouse or civil partner of such a servant, the declaration must state— a the name of the Government department or part of the Scottish Administration in which the servant works, b a description of the post of the servant, and c any staff number, payroll number or other similar identifying number of the servant. 4 Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a British Council employee or the spouse or civil partner of such an employee, the declaration must state— a a description of the post of the employee, and b any staff number, payroll number or other similar identifying number of the employee. . Service declarations: further provision 11 1 The 2001 Regulations are amended in accordance with this section. 2 In regulation 25 (reminders to electors registered pursuant to a declaration), after paragraph (4) insert— 5 In relation to the registration of local government electors, paragraphs (6) and (7) apply in the case of a person registered in pursuance of a service declaration made by virtue of a service qualification under section 14(1A) of the 1983 Act. 6 The registration officer must send to the person a reminder that the person's declaration will cease to have effect, and that the person's entitlement to remain registered will cease, when the person attains the age of 18. 7 The reminder must be sent as soon as practicable within the period of 3 months ending on the day on which the person attains the age of 18. . 3 In regulation 26B (power to request additional evidence where certain information is unavailable or where the registration officer considers it necessary)— a in paragraph (7), after sub-paragraph (c) insert— ca in relation to the registration of local government electors, a service declaration on the grounds that the applicant has a service qualification under section 14(1A) of the 1983 Act; , b after paragraph (9) insert— 9A In the case of an application in pursuance of a service declaration within paragraph (7)(ca), the registration officer may require that the applicant give the officer one of the following documents or a copy of one of them certified by a relevant official— a the applicant's passport, or b the applicant's identity card issued in the European Economic Area. 9B In paragraph (9A), “ relevant official ” means— a a Crown Servant (within the meaning of regulation 14), b a British Council employee, or c an officer of the forces (within the meaning of section 59(1) of the 1983 Act), who is not the applicant's parent, guardian, spouse or civil partner. . Register of electors 12 In section 9 of the 1983 Act (registers of electors), after subsection (5) insert— 5A In relation to the registration of local government electors in Scotland, the entry in the combined registers of any person aged 16 or 17 who is registered only as a local government elector must give the date on which the person will attain the age of 18. . Protection of information Protection of information about persons aged under 16 13 1 A registration officer must not publish, supply or otherwise disclose a young person's information, except in accordance with— a section 14, or b regulations under section 15. 2 In this section and sections 14 and 15— a “ a young person's information ” means any entry in— i the register of local government electors, or ii an absent voters record or list, relating to a person who, at the time of the publication, supply or other disclosure, is under the age of 16, and “ young person ” is to be construed accordingly, b references to the register of local government electors include references to any notice of an alteration in the register under section 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of the 1983 Act, c “ absent voters record or list ” means the following, so far as relating to local government elections— i a record kept under paragraph 3(4) or 7(6) of Schedule 4 to the Representation of the People Act 2000 (absent voting), ii a list kept under paragraph 5 or 7(8) of that Schedule, and d “ registration officer ” includes— i a deputy of a registration officer, ii a person appointed to assist a registration officer in the carrying out of the registration officer's functions, and iii a person, in the course of the person's employment, assisting a registration officer in the carrying out of those functions. Exceptions from prohibition on disclosure 14 1 A young person's information may be disclosed to any person so far as necessary for the purpose of the carrying out by that person of functions in connection with— a the registration of electors, ... b the conduct of an election , or c the conduct of a referendum in accordance with the Referendums (Scotland) Act 2020. 2 A young person's information may be disclosed in accordance with regulation 32ZBD(9) and (9A) of the 2001 Regulations (pre-population of the canvass form). 3 A young person's information (other than any information by which the person's date of birth may be ascertained) may be disclosed in a version or copy of the register of local government electors or an absent voters record or list supplied in accordance with a relevant supply enactment, but only so far as it is necessary to do so for the purposes of or in connection with an election or referendum at which the young person will be entitled to vote. 4 In subsection (3), “ relevant supply enactment ” means— a regulation 97A of the 2001 Regulations (supply for the purposes of National Park authority elections), b regulation 99 of the 2001 Regulations (supply to the Electoral Commission), c regulation 103 of the 2001 Regulations (supply to holders of relevant elective offices and candidates) so far as applying to candidates at local government elections, d regulation 107 of the 2001 Regulations (supply to candidates), so far as applying to candidates at local government elections, e regulation 101 of the 2001 Regulations (general provision) so far as relating to regulations 103 and 107, f any enactment making provision equivalent to that in regulation 61 of the 2001 Regulations (absent voters records and lists) in relation to elections for membership of the Scottish Parliament or local government elections, g any enactment making provision equivalent to that in regulation 97(3) of the 2001 Regulations in relation to elections for membership of the Scottish Parliament or local government elections, h any enactment making provision equivalent to that in regulations 103 and 107 (and regulation 101 so far as relating to those regulations) of the 2001 Regulations (as those regulations apply to candidates at local government elections) in relation to elections for membership of the Scottish Parliament, i the Referendums (Scotland) Act 2020. 5 A young person's information may be disclosed to any person so far as necessary for the purposes of a criminal investigation or criminal proceedings relating to an offence (or alleged offence) under any enactment relating to— a the registration of electors, ... b the conduct of elections , or c the conduct of a referendum in accordance with the Referendums (Scotland) Act 2020. 6 A young person's information may be disclosed to the young person to whom it relates. 7 A registration officer must supply a young person's information to the young person to whom it relates if the young person requests the information for the purpose of verifying that the young person is a permissible donor within the meaning of section 54(2)(a) of the Political Parties, Elections and Referendums Act 2000. 8 A young person's information may be disclosed to a person appointed as proxy to vote for the young person to whom the information relates. 9 A person to whom a young person's information is disclosed under subsection (1) or (5) must not disclose the information to another person, except as mentioned in that subsection. 10 A person who contravenes subsection (9) commits an offence. 11 A person who commits an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Further provision for exceptions 15 1 The Scottish Ministers may by regulations make provision for or about the disclosure of a young person's information. 2 Regulations under subsection (1) may, in particular, include provision— a authorising or requiring registration officers to supply or otherwise disclose any young person's information to such persons as may be specified in the regulations, b specifying, in relation to any description of persons specified in the regulations in pursuance of paragraph (a), the purposes for which any young person's information supplied or otherwise disclosed may be used, c imposing prohibitions or restrictions relating to the extent (if any) to which persons to whom any young person's information is supplied or otherwise disclosed (whether in accordance with the regulations or otherwise) may— i supply or otherwise disclose the information to other persons, ii make use of the information otherwise than for any purposes specified in the regulations or for which the information has been supplied or otherwise disclosed in accordance with the regulations, d imposing prohibitions or restrictions corresponding to those which may be imposed by virtue of paragraph (c) in relation to— i persons to whom any young person's information has been supplied or otherwise disclosed in accordance with regulations made in pursuance of paragraph (c) or this paragraph, or ii persons who otherwise have access to any young person's information, e imposing, in relation to persons involved in the preparation of the full register of local government electors, prohibitions with respect to supplying copies of the full register and disclosing any young person's information contained in it. 3 Regulations under subsection (1) may— a make different provision for different purposes, b modify section 14, c make provision by reference to other enactments relating to the supply or disclosure of the register of local government electors, or copies of it or entries in it, d provide for the creation of criminal offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale. 4 Regulations under subsection (1) may make incidental, supplemental, consequential, transitional, transitory or saving provision. 5 Before making regulations under subsection (1), the Scottish Ministers must consult— a the Electoral Commission, b such other persons as the Scottish Ministers consider appropriate. 6 Regulations under subsection (1) are subject to the affirmative procedure. Proxies Voting age for proxies at local government elections 16 1 In Schedule 4 to the Representation of the People Act 2000 (absent voting), paragraph 6 (proxies at elections) is amended in accordance with this section. 2 In sub-paragraph (5), after “election” insert “ (other than a local government election in Scotland) ” . 3 After sub-paragraph (5) insert— 5A A person is not capable of voting as proxy at a local government election in Scotland unless on the date of the election the person has attained the age of 16. . Awareness and assistance Local authority duty to promote awareness and provide assistance 17 1 Each local authority must— a promote awareness among relevant young people of the arrangements for registration as local government electors that apply to the young people, and b take such action as the authority considers necessary to help such young people register as local government electors. 2 In subsection (1), “ relevant young people ”, in relation to a local authority, means— a children who are looked after by the authority, within the meaning of section 17(6) of the Children (Scotland) Act 1995 (duty of local authorities in relation to looked after children), b persons to whom the authority is providing continuing care under section 26A of that Act (provision of continuing care: looked after children), and c persons to whom the authority is providing advice, guidance or assistance under section 29(1) or (5A) of that Act (after-care). Transitional provision Alterations in the register: persons aged under 18 prior to 1 December 2015 18 1 This section applies in a case where a registration officer would, apart from this section, be required under section 13A of the 1983 Act to issue a notice before 1 December 2015 of an alteration in the register of local government electors in respect of a relevant person. 2 Despite section 13A of the 1983 Act, the registration officer need not issue the notice and the alteration is to be made in the next revised version of the register due to be published in accordance with section 13(1) of the 1983 Act on or after 1 December 2015. 3 In subsection (1), “ relevant person ” means a person who will not have attained the age of 18 before 1 December 2015. General Interpretation 19 In this Act— “ the 1983 Act ” means the Representation of the People Act 1983, “ the 2001 Regulations ” means the Representation of the People (Scotland) Regulations 2001 (SI 2001/497), “ local government election ” has the meaning given in section 204(1) of the 1983 Act, “ register of local government electors ” means the register of local government electors maintained under section 9(1)(b) of the 1983 Act, “ registration officer ” means a registration officer appointed under section 8(3) of the 1983 Act. Ancillary provision 20 1 The Scottish Ministers may by regulations 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 The power in subsection (1) includes power to make provision in consequence of, or in connection with, any modification or proposed modification of any enactment relating to the registration of electors. 3 Regulations under subsection (1) may— a make different provision for different purposes, b modify any enactment, including this Act. 4 Regulations under subsection (1) are— a subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, b otherwise subject to the negative procedure. Commencement 21 This Act comes into force on the day after Royal Assent. Short title 22 The short title of this Act is the Scottish Elections (Reduction of Voting Age) Act 2015. Word in s. 14(1) omitted (30.1.2020) by virtue of Referendums (Scotland) Act 2020 (asp 2) , ss. 33(2)(a) , 41 S. 14(1)(c) and word inserted (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2) , ss. 33(2)(b) , 41 Words in s. 14(3) inserted (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2) , ss. 33(3) , 41 S. 14(4)(i) inserted (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2) , ss. 33(4) , 41 Word in s. 14(5) omitted (30.1.2020) by virtue of Referendums (Scotland) Act 2020 (asp 2) , ss. 33(5)(a) , 41 S. 14(5)(c) and word inserted (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2) , ss. 33(5)(b) , 41 Words in s. 14(2) substituted (27.4.2020) by The Representation of the People (Annual Canvass) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/113) , regs. 1(1) , 16
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[uk-legislation-asp][asp] 2024-05-04 Community Empowerment (Scotland) Act 2015
http://www.legislation.gov.uk/asp/2015/6/2021-02-24
http://www.legislation.gov.uk/asp/2015/6/2021-02-24 Community Empowerment (Scotland) Act 2015 An Act of the Scottish Parliament to make provision about national outcomes; to confer functions on certain persons in relation to services provided by, and assets of, certain public bodies; to amend Parts 2 and 3 of the Land Reform (Scotland) Act 2003; to enable certain bodies to buy abandoned, neglected or detrimental land; to amend section 7C of the Forestry Act 1967; to enable the Scottish Ministers to make provision about supporters' involvement in and ownership of football clubs; to make provision for registers of common good property and about disposal and use of such property; to restate and amend the law on allotments; to enable participation in decision-making by specified persons having public functions; to enable local authorities to reduce or remit non-domestic rates; and for connected purposes. text text/xml en Statute Law Database 2024-04-02 Expert Participation 2021-02-24 Community Empowerment (Scotland) Act 2015 2015 asp 6 An Act of the Scottish Parliament to make provision about national outcomes; to confer functions on certain persons in relation to services provided by, and assets of, certain public bodies; to amend Parts 2 and 3 of the Land Reform (Scotland) Act 2003; to enable certain bodies to buy abandoned, neglected or detrimental land; to amend section 7C of the Forestry Act 1967; to enable the Scottish Ministers to make provision about supporters' involvement in and ownership of football clubs; to make provision for registers of common good property and about disposal and use of such property; to restate and amend the law on allotments; to enable participation in decision-making by specified persons having public functions; to enable local authorities to reduce or remit non-domestic rates; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th June 2015 and received Royal Assent on 24th July 2015 PART 1 NATIONAL OUTCOMES National outcomes 1 1 The Scottish Ministers must determine outcomes for Scotland (referred to in this Part as “ the national outcomes ”) that result from, or are contributed to by, the carrying out, by the persons mentioned in subsection (2), of the functions mentioned in subsection (3). 2 The persons are— a a cross-border public authority, b any other Scottish public authority, c any other person carrying out functions of a public nature. 3 The functions are— a in the case of a cross-border public authority, any function that is exercisable in or as regards Scotland and does not relate to reserved matters, b in the case of any other Scottish public authority, any function that does not relate to reserved matters, c in the case of any other person carrying out functions of a public nature, any such function that is exercisable in or as regards Scotland and does not relate to reserved matters. 4 In determining the national outcomes, the Scottish Ministers must have regard to the reduction of inequalities of outcome which result from socio-economic disadvantage. 5 Before determining the national outcomes, the Scottish Ministers must–– a consult— i such persons who appear to them to represent the interests of communities in Scotland, and ii such other persons as they consider appropriate, b having consulted the persons mentioned in paragraph (a), prepare draft national outcomes, and c consult the Scottish Parliament on the draft national outcomes during the consultation period. 6 In consulting the Scottish Parliament under paragraph (c) of subsection (5), the Scottish Ministers must also lay before the Parliament a document describing— a the consultation carried out under paragraph (a) of that subsection, b any representations received in response to that consultation, and c whether and if so how those representations have been taken account of in preparing the draft national outcomes. 7 The Scottish Ministers must, no earlier than the expiry of the consultation period, publish the national outcomes. 8 In subsections (5) and (7), “ consultation period ” means the period of 40 days beginning with the day on which the consultation mentioned in subsection (5)(c) commences; and in calculating the period of 40 days, no account is to be taken of any time during which the Scottish Parliament is dissolved or in recess for more than 4 days. 9 The persons mentioned in subsection (2) must have regard to the national outcomes in carrying out the functions mentioned in subsection (3). 10 Nothing in subsection (9) requires the Scottish Parliament or the Scottish Parliamentary Corporate Body to have regard to the national outcomes in carrying out any of their functions. 11 In this section— “ community ” includes any community based on common interest, identity or geography, “ cross-border public authority ” has the meaning given by section 88(5) of the Scotland Act 1998, “ reserved matters ” is to be construed in accordance with that Act. Review of national outcomes 2 1 The Scottish Ministers may review the national outcomes at any time (but subject to subsections (2) and (3)). 2 The Scottish Ministers must begin a review of the national outcomes before the expiry of the period of 5 years beginning with the date on which the national outcomes were published under section 1(7). 3 The Scottish Ministers must begin further reviews of the national outcomes before the expiry of each 5 year period. 4 In carrying out a review of the national outcomes under subsection (1), (2) or (3), the Scottish Ministers must consult— a such persons who appear to them to represent the interests of communities in Scotland, and b such other persons as they consider appropriate. 5 Following a review, the Scottish Ministers— a may propose revisions to the national outcomes, b must— i where they propose to make revisions to the national outcomes, consult the Scottish Parliament on the proposed revisions during the consultation period, ii where they do not propose to make revisions to the national outcomes, consult the Scottish Parliament during the consultation period on the national outcomes as most recently published under section 1(7) or paragraph (d)(i) or republished under paragraph (d)(ii), c may revise the national outcomes after the expiry of the consultation period, and d must— i where the national outcomes are revised, publish the outcomes as revised, ii where the national outcomes are not revised, republish the outcomes after the expiry of the consultation period. 6 In consulting the Scottish Parliament under subsection (5)(b), the Scottish Ministers must also lay before the Parliament a document describing— a the consultation carried out under subsection (4), b any representations received in response to that consultation, and c where they propose to make revisions to the national outcomes, whether and if so how those representations have been taken account of in preparing the proposed revisions. 7 References to the national outcomes in section 1(9) and in section 3 include references to the national outcomes revised under subsection (5)(c) of this section. 8 In subsection (3), “ 5 year period ” means the period of 5 years beginning with the date on which the national outcomes were published under sub-paragraph (i) of paragraph (d) of subsection (5) or, as the case may be, republished under sub-paragraph (ii) of that paragraph. 9 In subsection (4), “ community ” includes any community based on common interest, identity or geography. 10 In subsection (5), “ consultation period ” means the period of 40 days beginning with the day on which the consultation mentioned in subsection (5)(b)(i) or (ii) commences; and in calculating the period of 40 days, no account is to be taken of any time during which the Scottish Parliament is dissolved or in recess for more than 4 days. Reports 3 1 The Scottish Ministers must prepare and publish reports about the extent to which the national outcomes have been achieved. 2 The Scottish Ministers must include in reports published under subsection (1) information about any change in the extent to which the national outcomes have been achieved since the publication of the previous report under that subsection. 3 Reports must be prepared and published at such times as the Scottish Ministers consider appropriate. PART 2 COMMUNITY PLANNING Community planning 4 1 Each local authority and the persons listed in schedule 1 must carry out planning for the area of the local authority for the purpose mentioned in subsection (2) (“community planning”). 2 The purpose is improvement in the achievement of outcomes resulting from, or contributed to by, the provision of services delivered by or on behalf of the local authority or the persons listed in schedule 1. 3 In carrying out community planning, the local authority and the persons listed in schedule 1 must— a participate with each other, and b participate with any community body (as mentioned in paragraph (c) of subsection (6)) in such a way as to enable that body to participate in community planning to the extent mentioned in that paragraph. 4 Outcomes of the type mentioned in subsection (2) (“local outcomes”) must be consistent with the national outcomes determined under section 1(1) or revised under section 2(5)(c). 5 In carrying out the functions conferred on them by this Part in relation to the area of a local authority— a the local authority for the area and the persons listed in schedule 1 are collectively referred to in this Part as a “ community planning partnership ”, and b the authority and each such person is referred to in this Part as a “ community planning partner ”. 6 Each community planning partnership must— a consider which community bodies are likely to be able to contribute to community planning having regard in particular to which of those bodies represent the interests of persons who experience inequalities of outcome which result from socio-economic disadvantage, b make all reasonable efforts to secure the participation of those community bodies in community planning, and c to the extent (if any) that those community bodies wish to participate in community planning, take such steps as are reasonable to enable the community bodies to participate in community planning to that extent. 7 The Scottish Ministers may by regulations modify schedule 1 so as to— a add a person or a description of person, b remove an entry listed in it, c amend an entry listed in it. 8 Regulations under subsection (7) may provide that a person or a description of person listed in schedule 1 is to participate in community planning for a specific purpose. 9 In this section, “ community bodies ”, in relation to a community planning partnership, means bodies, whether or not formally constituted, established for purposes which consist of or include that of promoting or improving the interests of any communities (however described) resident or otherwise present in the area of the local authority for which the community planning partnership is carrying out community planning. Socio-economic inequalities 5 In carrying out functions conferred by this Part, a community planning partnership must act with a view to reducing inequalities of outcome which result from socio-economic disadvantage unless the partnership considers that it would be inappropriate to do so. Local outcomes improvement plan 6 1 Each community planning partnership must prepare and publish a local outcomes improvement plan. 2 A local outcomes improvement plan is a plan setting out— a local outcomes to which priority is to be given by the community planning partnership with a view to improving the achievement of the outcomes, b a description of the proposed improvement in the achievement of the outcomes, c the period within which the proposed improvement is to be achieved, and d a description of the needs and circumstances of persons residing in the area of the local authority to which the plan relates. 3 In preparing a local outcomes improvement plan, a community planning partnership must consult— a such community bodies as it considers appropriate, and b such other persons as it considers appropriate. 4 Before publishing a local outcomes improvement plan, the community planning partnership must take account of— a any representations received by it by virtue of subsection (3), and b the needs and circumstances of persons residing in the area of the local authority to which the plan relates. Local outcomes improvement plan: review 7 1 Each community planning partnership must keep under review the question of whether it is making progress in improving the achievement of each local outcome referred to in section 6(2)(a). 2 Each community planning partnership— a must from time to time review the local outcomes improvement plan published by it under section 6, b may, following such a review, revise the plan. 3 Subsections (3) and (4) of section 6 apply in relation to a local outcomes improvement plan revised under subsection (2)(b) as they apply in relation to a local outcomes improvement plan prepared and published under subsection (1) of that section (but subject to the modification in subsection (4)). 4 The modification is that the reference in subsection (4)(a) of section 6 to representations received by virtue of subsection (3) of that section is to be read as if it were a reference to representations received by virtue of that subsection as applied by subsection (3) of this section. 5 Where a community planning partnership revises a local outcomes improvement plan under subsection (2)(b), it must publish a revised plan. 6 Subsection (2) applies in relation to a revised local outcomes improvement plan published under subsection (5) as it applies in relation to a local outcomes improvement plan published under section 6; and the duty in subsection (5) applies accordingly. Local outcomes improvement plan: progress report 8 1 Each community planning partnership must prepare and publish a local outcomes improvement plan progress report for each reporting year. 2 A local outcomes improvement plan progress report is a report setting out–– a the community planning partnership's assessment of whether there has been any improvement in the achievement of each local outcome referred to in section 6(2)(a) during the reporting year, and b the extent to which— i the community planning partnership has participated with community bodies in carrying out its functions under this Part during the reporting year, and ii that participation has been effective in enabling community bodies to contribute to community planning. 3 In this section, “ reporting year ” means— a a period of one year beginning on 1 April, or b in relation to a particular community planning partnership, a period of one year beginning on such other date as may be specified in a direction given by the Scottish Ministers to the community planning partnership. Localities: comparison of outcomes 9 1 Each community planning partnership must, for the purposes of this Part, divide the area of the local authority into smaller areas. 2 The smaller areas mentioned in subsection (1) (“localities”) must be of such type or description as may be specified by the Scottish Ministers by regulations. 3 Having carried out the duty under subsection (1), the community planning partnership must identify each locality in which persons residing there experience significantly poorer outcomes which result from socio-economic disadvantage than— a those experienced by persons residing in other localities within the area of the local authority, or b those experienced generally by persons residing in Scotland. 4 In carrying out the duty under subsection (3), a community planning partnership must take account of the needs and circumstances of persons residing in the area of the local authority. 5 Regulations under subsection (2) may specify areas of a type or description subject to any conditions specified in the regulations. 6 The Scottish Ministers may by regulations specify that localities within the area of a local authority must each be of the same type or description as may be specified in regulations under subsection (2). 7 In this section, references to the area of a local authority mean, in relation to a community planning partnership, the area of the local authority for which the partnership is carrying out community planning. Locality plan 10 1 Each community planning partnership must prepare and publish a locality plan for each locality identified by it by virtue of section 9(3). 2 A community planning partnership may prepare and publish a locality plan for any other locality within the area of the local authority for which it is carrying out community planning. 3 A locality plan is a plan setting out for the purposes of the locality to which the plan relates— a local outcomes to which priority is to be given by the community planning partnership with a view to improving the achievement of the outcomes in the locality, b a description of the proposed improvement in the achievement of the outcomes, and c the period within which the proposed improvement is to be achieved. 4 In preparing a locality plan, a community planning partnership must consult— a such community bodies as it considers appropriate, and b such other persons as it considers appropriate. 5 Before publishing a locality plan, the community planning partnership must take account of— a any representations received by it by virtue of subsection (4), and b the needs and circumstances of persons residing in the locality to which the plan relates. Locality plan: review 11 1 Each community planning partnership must keep under review the question of whether it is making progress in improving the achievement of each local outcome referred to in subsection (3)(a) of section 10 in relation to each locality for which it has published a locality plan under subsection (1) or (2) of that section. 2 Each community planning partnership— a must from time to time review each locality plan published by it under section 10, b may, following such a review, revise such a plan. 3 Subsections (4) and (5) of section 10 apply in relation to a locality plan revised under subsection (2)(b) as they apply in relation to a locality plan prepared and published under subsection (1) or (2) of that section (but subject to the modification in subsection (4)). 4 The modification is that the reference in subsection (5)(a) of section 10 to representations received by virtue of subsection (4) of that section is to be read as if it were a reference to representations received by virtue of that subsection as applied by subsection (3) of this section. 5 Where a community planning partnership revises a locality plan under subsection (2)(b), it must publish a revised plan. 6 Subsection (2) applies in relation to a revised locality plan published under subsection (5) as it applies in relation to a locality plan published under section 10; and the duty in subsection (5) applies accordingly. Locality plan: progress report 12 1 Each community planning partnership must prepare and publish a locality plan progress report in relation to each locality plan published by it under section 10 for each reporting year. 2 A locality plan progress report is a report setting out the community planning partnership's assessment of whether there has been any improvement in the achievement of each local outcome referred to in section 10(3)(a) during the reporting year. 3 In this section, “ reporting year ” means— a a period of one year beginning on 1 April, or b in relation to a particular community planning partnership, a period of one year beginning on such other date as may be specified in a direction given by the Scottish Ministers to the community planning partnership. Governance 13 1 For the area of each local authority, each person mentioned in subsection (2) must— a facilitate community planning, b take reasonable steps to ensure that the community planning partnership carries out its functions under this Part efficiently and effectively. 2 The persons are— a the local authority, b the Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 whose area includes, or is the same as, the area of the local authority, c Highlands and Islands Enterprise where the area within which, or in relation to which, it exercises functions in accordance with section 21(1) of the Enterprise and New Towns (Scotland) Act 1990 includes the whole or part of the area of the local authority, d the chief constable of the Police Service of Scotland, e the Scottish Fire and Rescue Service, f Scottish Enterprise , g South of Scotland Enterprise where all or part of the area of the local authority is within the South of Scotland as defined by section 21 of the South of Scotland Enterprise Act 2019 . 3 The Scottish Ministers may by regulations modify subsection (2) so as to— a add a person or a description of person, b remove an entry listed in it, c amend an entry listed in it. Community planning partners: duties 14 1 Despite the duties imposed on community planning partners by this Part, a community planning partnership may agree— a that a particular community planning partner need not comply with a duty in relation to a particular local outcome, or b that a particular community planning partner need comply with a duty in relation to a particular local outcome only to such extent as may be so agreed. 2 Each community planning partner must co-operate with the other community planning partners in carrying out community planning. 3 Each community planning partner must, in relation to a community planning partnership, contribute such funds, staff and other resources as the community planning partnership considers appropriate— a with a view to improving, or contributing to an improvement in, the achievement of each local outcome referred to in section 6(2)(a), and b for the purpose of securing the participation of the community bodies mentioned in section 4(6)(a) in community planning. 4 Each community planning partner must provide such information to the community planning partnership about the local outcomes referred to in section 6(2)(a) as the community planning partnership may request. 5 Each community planning partner must, in carrying out its functions, take account of the local outcomes improvement plan published under section 6 or, as the case may be, section 7(5). Guidance 15 1 Each community planning partnership must have regard to any guidance issued by the Scottish Ministers about the carrying out of functions conferred on the partnership by this Part. 2 Each community planning partner must have regard to any guidance issued by the Scottish Ministers about the carrying out of functions conferred on the partner by this Part. 3 Before issuing guidance of the type mentioned in subsection (1) or (2), the Scottish Ministers must consult such persons as they think fit. Duty to promote community planning 16 The Scottish Ministers must promote community planning when carrying out any of their functions which might affect— a community planning, b a community planning partner. Establishment of corporate bodies 17 1 Following an application made jointly by each person mentioned in section 13(2), the Scottish Ministers may by regulations establish a body corporate with such constitution and functions about community planning as may be specified in the regulations. 2 The application referred to in subsection (1) must include information about the following matters— a any consultation about the question of whether to make the application, b representations received in response to any such consultation, c the functions to be specified in regulations made under subsection (1), d such other matters as may be prescribed by the Scottish Ministers by regulations. 3 Regulations under subsection (1) may include provision about— a the membership of the body established by the regulations, b the proceedings of the body, c the transfer of property and other rights and liabilities to and from the body, d the appointment and employment of staff by the body, e the supply by other persons of services to the body, f the audit of accounts by the body, g the dissolution of the body, and h such other matters as the Scottish Ministers think fit. 4 A function may be specified in regulations under subsection (1) even if another enactment or rule of law— a provides that the function is to be carried out by a person other than the body established by virtue of subsection (1), or b prevents the carrying out of the function by that body. Interpretation of Part 2 18 In this Part— “ community bodies ” has the meaning given by section 4(9), “ community planning ” has the meaning given by section 4(1), “ community planning partner ” has the meaning given by section 4(5), “ community planning partnership ” has the meaning given by section 4(5), “ local outcomes ” has the meaning given by section 4(4), “ locality ” has the meaning given by section 9(2). PART 3 PARTICIPATION REQUESTS Key definitions Meaning of “community-controlled body” 19 In this Part, a “ community-controlled body ” means a body (whether corporate or unincorporated) having a written constitution that includes the following— a a definition of the community to which the body relates, b provision that the majority of the members of the body is to consist of members of that community, c provision that the members of the body who consist of members of that community have control of the body, d provision that membership of the body is open to any member of that community, e a statement of the body's aims and purposes, including the promotion of a benefit for that community, and f provision that any surplus funds or assets of the body are to be applied for the benefit of that community. Meaning of “community participation body” 20 1 In this Part, “ community participation body ” means— a a community-controlled body, b a community council established in accordance with Part 4 of the Local Government (Scotland) Act 1973, c a body mentioned in subsection (2), or d a group mentioned in subsection (4). 2 The body is a body (whether corporate or unincorporated)— a that is designated as a community participation body by an order made by the Scottish Ministers for the purposes of this Part, or b that falls within a class of bodies designated as community participation bodies by such an order for the purposes of this Part. 3 Where the power to make an order under subsection (2)(a) is exercised in relation to a trust, the community participation body is to be the trustees of the trust. 4 The group is a group— a that comprises a number of individuals who are members of the group, b that has no written constitution, c that relates to a particular community, d membership of which is open to any member of that community, e whose decisions are made or otherwise controlled by members of the group who are members of that community, and f any surplus funds and assets of which are to be applied for the benefit of that community. Meaning of “public service authority” 21 1 In this Part, “ public service authority ” means— a a person listed, or of a description listed, in schedule 2, or b a person mentioned in subsection (3). 2 The Scottish Ministers may by order modify schedule 2 so as to— a remove an entry listed in it, b amend an entry listed in it. 3 The person is a person— a that is designated as a public service authority by an order made by the Scottish Ministers for the purposes of this Part, or b that falls within a class of persons designated as public service authorities by such an order for the purposes of this Part. 4 An order under subsection (3) may designate a person, or class of persons, only if the person, or (as the case may be) each of the persons falling within the class, is— a a part of the Scottish Administration, b a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998), or c a publicly-owned company. 5 In subsection (4)(c), “ publicly-owned company ” means a company that is wholly owned by one or more public service authorities. 6 For that purpose, a company is wholly owned by one or more public service authorities if it has no members other than— a the public service authority or (as the case may be) authorities, b other companies that are wholly owned by the public service authority or (as the case may be) authorities, or c persons acting on behalf of— i the public service authority or (as the case may be) authorities, or ii such other companies. 7 In this section, “ company ” includes any body corporate. 8 Subsection (9) applies where the Scottish Ministers make an order under subsection (3). 9 The Scottish Ministers may specify in the order a public service that is or may be provided by or on behalf of the person designated, or (as the case may be) a person falling within the class designated, in respect of which a specified outcome may not be specified in a participation request. Participation requests Participation requests 22 1 A community participation body may make a request to a public service authority to permit the body to participate in an outcome improvement process. 2 In making such a request, the community participation body must— a specify an outcome that results from, or is contributed to by virtue of, the provision of a service provided to the public by or on behalf of the authority, b set out the reasons why the community participation body considers it should participate in the outcome improvement process, c provide details of any knowledge, expertise and experience the community participation body has in relation to the specified outcome, and d provide an explanation of the improvement in the specified outcome which the community participation body anticipates may arise as a result of its participation in the process. 3 Subsection (4) applies where a community participation body which is a group as mentioned in section 20(4) makes a participation request to a public service authority. 4 The group must, in addition to complying with subsection (2), provide such information to the authority as the authority may require in order for it to be satisfied that the body meets the requirements to be such a group. 5 A participation request may be made jointly by two or more community participation bodies. 6 A participation request may include a request that one or more public service authorities other than the authority to which the request is made participate in the outcome improvement process along with the authority to which the request is made. 7 In this Part— “ outcome improvement process ”, in relation to a public service authority, means a process established or to be established by the authority with a view to improving an outcome that results from, or is contributed to by virtue of, the provision of a public service, “ participation request ” means a request made under subsection (1), “ public service ” means a service provided to the public by or on behalf of a public service authority, “ specified outcome ” means an outcome of the type mentioned in subsection (2)(a). Regulations 23 1 The Scottish Ministers may by regulations make further provision about participation requests. 2 Regulations under subsection (1) may in particular make provision for or in connection with specifying— a the manner in which requests are to be made, b the procedure to be followed by public service authorities in relation to requests, c the procedure to be followed by public authorities in relation to requests that include a request of the type mentioned in section 22(6), d the information to be provided in connection with requests (in addition to that required under section 22(2)), e ways in which public service authorities are to promote the use of participation requests, f support that public service authorities are to make available to community participation bodies to enable such bodies to make a participation request and participate in any outcome improvement process resulting from such a request, g types of communities that may need additional support in order to form community participation bodies, make participation requests and participate in outcome improvement processes. Decisions about participation requests Participation requests: decisions 24 1 This section applies where a participation request is made by a community participation body to a public service authority. 2 The authority must decide whether to agree to or refuse the participation request. 3 In reaching its decision under subsection (2), the authority must take into consideration the following matters— a the reasons set out in the request under section 22(2)(b), b any other information provided in support of the request (whether such other information is contained in the request or otherwise provided), c whether agreeing to the request mentioned in subsection (2) would be likely to promote or improve— i economic development, ii regeneration, iii public health, iv social wellbeing, or v environmental wellbeing, d whether agreeing to the request would be likely— i to reduce inequalities of outcome which result from socio-economic disadvantage, ii to lead to an increase in participation in the outcome improvement process to which the request relates by persons who experience socio-economic disadvantage, iii otherwise to lead to an increase in participation by such persons in the design or delivery of a public service the provision of which results in, or contributes to, the specified outcome mentioned in the request, e any other benefits that might arise if the request were agreed to, and f any other matter (whether or not included in or arising out of the request) that the authority considers relevant. 4 The authority must exercise the function under subsection (2) in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements. 5 The authority must agree to the request unless there are reasonable grounds for refusing it. 6 The authority must, before the end of the period mentioned in subsection (7), give notice (in this Part, a “decision notice”) to the community participation body of— a its decision to agree to or refuse the request, and b if its decision is to refuse the request, the reasons for the decision. 7 The period is— a a period prescribed in regulations made by the Scottish Ministers, or b such longer period as may be agreed between the authority and the community participation body. 8 The Scottish Ministers may by regulations make provision about— a the information (in addition to that required under this Part) that a decision notice is to contain, and b the manner in which a decision notice is to be given. Decision notice: information about outcome improvement process 25 1 This section applies where a public service authority gives a decision notice agreeing to a participation request by a community participation body. 2 Where the authority at the time of giving the notice has established an outcome improvement process, the decision notice must— a describe the operation of the outcome improvement process, b specify what stage in the process has been reached, c explain how and to what extent the community participation body is expected to participate in the process, and d if any other person participates in the process, describe how the person participates. 3 Where the authority at the time of giving the notice has not established an outcome improvement process, the decision notice must— a describe how the proposed process is intended to operate, b explain how and to what extent the community participation body which made the participation request is expected to participate in the proposed process, and c if any other person is expected to participate in the proposed process, describe how the person is expected to participate. Proposed outcome improvement process 26 1 This section applies where a public service authority gives a community participation body a decision notice as mentioned in section 25(3). 2 The community participation body may make written representations in relation to the proposed outcome improvement process. 3 Any representations under subsection (2) must be made before the end of the period of 28 days beginning with the day on which the notice is given. 4 Before giving notice under subsection (5), the authority must take into consideration any representations made under subsection (2). 5 The authority must, before the end of the period of 28 days beginning with the day after the expiry of the period mentioned in subsection (3), give a notice to the community participation body containing details of the outcome improvement process that is to be established. 6 The authority must publish such information about the process as may be specified in regulations made by the Scottish Ministers. 7 The authority must publish the information mentioned in subsection (6) on a website or by other electronic means. Power to decline certain participation requests 27 1 Subsection (2) applies where— a a participation request (a “new request”) is made to a public service authority, b the new request relates to matters that are the same, or substantially the same, as matters contained in a previous participation request (a “previous request”), and c the previous request was made in the period of two years ending with the date on which the new request is made. 2 The public service authority may decline to consider the new request. 3 For the purposes of subsection (1)(b), a new request relates to matters that are the same, or substantially the same, as matters contained in a previous request only if both requests relate to— a the same public service, and b the same, or substantially the same, outcome that results from, or is contributed to by virtue of, the provision of the public service. 4 For the purposes of this section, it is irrelevant whether the body making a new request is the same body as, or a different body from, that which made the previous request. Outcome improvement processes Duty to establish and maintain outcome improvement process 28 A public service authority that gives notice under section 26(5) must— a before the end of the period of 90 days beginning with the day on which the notice is given, establish the outcome improvement process in respect of which the notice is given by taking whatever steps are necessary to initiate the process, and b maintain that process. Modification of outcome improvement process 29 1 This section applies where a public service authority establishes an outcome improvement process under section 28(a) following a participation request by a community participation body. 2 Following consultation with the community participation body, the authority may modify the outcome improvement process. 3 Where the outcome improvement process is modified under subsection (2), the authority must publish such information about the modification as may be specified in regulations made by the Scottish Ministers. Appeals and reviews Regulations: appeals and reviews 30 1 The Scottish Ministers may by regulations make provision for or in connection with— a appeals against decision notices, b reviews of decisions of public service authorities relating to participation requests. 2 Regulations under subsection (1) may, in particular, make provision for or in connection with— a the procedure to be followed in connection with appeals and reviews, b the manner in which appeals and reviews are to be conducted, c the time limits within which— i appeals are to be brought, ii applications for reviews are to be made, d the circumstances under which— i appeals may or may not be brought, ii applications for reviews may or may not be made, e the persons to whom— i appeals may be made, ii applications for reviews may be made, f the powers of persons determining appeals and the disposals available to such persons, g the steps that may be taken by a public service authority following a review, h the effect of any decision taken in relation to an appeal or review on a decision notice to which the appeal or review relates. Reporting Reporting 31 1 This section applies where— a a participation request has been made, and b the outcome improvement process relating to that request is complete. 2 The public service authority that established the process must publish a report— a summarising the outcomes of the process, including whether (and, if so, how and to what extent) the specified outcome to which the process related has been improved, b describing how and to what extent the participation of the community participation body that made the participation request to which the process related influenced the process and the outcomes, and c explaining how the authority intends to keep the community participation body and any other persons informed about— i changes in the outcomes of the process, and ii any other matters relating to the outcomes. 3 In preparing the report mentioned in subsection (2), the public service authority must seek the views of the bodies mentioned in subsection (4) in relation to— a the way in which the outcome improvement process was conducted, and b the outcomes of the process, including whether (and, if so, how and to what extent) the specified outcome to which the process related has been improved. 4 The bodies referred to in subsection (3) are–– a the community participation body which made the participation request to which the outcome improvement process related, and b any other community participation bodies which participated in that process. 5 The authority must publish the report mentioned in subsection (2) on a website or by other electronic means. 6 The Scottish Ministers may by regulations make provision about reports published under subsection (2), including the information (in addition to that required under that subsection) that reports are to contain. Annual reports 32 1 A public service authority must publish a participation request report for each reporting year. 2 A participation request report is a report setting out, in respect of the reporting year to which it relates— a the number of participation requests the authority received, b the number of such requests which the authority— i agreed to, and ii refused, c the number of such requests which resulted in changes to a public service provided by or on behalf of the authority, and d any action taken by the authority— i to promote the use of participation requests, ii to support a community participation body in the making of a participation request. 3 A participation request report is to be published under subsection (1) no later than 30 June following the end of the reporting year to which it relates. 4 In this section, “ reporting year ” means a period of one year beginning on 1 April. Ministerial report 33 1 The Scottish Ministers must prepare, and lay before the Scottish Parliament, a report on the operation of participation requests. 2 The report is to be prepared before the expiry of the period of three years beginning with the day on which section 22 comes into force. Guidance Guidance 34 1 A public service authority must have regard to any guidance issued by the Scottish Ministers about the carrying out of functions by the authority under this Part. 2 Before issuing such guidance, the Scottish Ministers must consult such persons as they think fit. Interpretation of Part 3 Interpretation of Part 3 35 In this Part— “ community-controlled body ” has the meaning given by section 19, “ community participation body ” has the meaning given by section 20(1), “ constitution ”, in relation to a company, means the memorandum and articles of association of the company, “ decision notice ” is to be construed in accordance with section 24(6), “ equal opportunities ” and “ equal opportunity requirements ” have the same meanings as in Section L2 (equal opportunities) of Part 2 of Schedule 5 to the Scotland Act 1998, “ outcome improvement process ” has the meaning given by section 22(7), “ participation request ” has the meaning given by section 22(7), “ public service ” has the meaning given by section 22(7), “ public service authority ” has the meaning given by section 21, “ specified outcome ” has the meaning given by section 22(7). PART 4 COMMUNITY RIGHTS TO BUY LAND Modifications of Part 2 of Land Reform (Scotland) Act 2003 Nature of land in which community interest may be registered 36 1 In section 33 of the 2003 Act (registrable land)— a in subsection (1)— i the words “The land in which” are repealed, and ii for the words “(“registrable land”) is” substitute “ in ” , b in subsection (2), for the words “described as such in an order made by Ministers”, substitute “ consisting of a separate tenement which is owned separately from the land in respect of which it is exigible (subject to subsection (2A)) ” , c after subsection (2), insert— 2A Land consisting of— a salmon fishings, or b mineral rights (other than rights to oil, coal, gas, gold or silver), which are owned separately from the land in respect of which they are exigible is not “excluded land” (and so is land in which a community interest may be registered under this Part). , and d subsections (3) to (7) are repealed. 2 The title to section 33 of the 2003 Act becomes “ Land in respect of which community interest may be registered ” . Community bodies 37 1 Section 34 of the 2003 Act (community bodies) is amended as follows. 2 Before subsection (1), insert— A1 A community body is, subject to subsection (4)— a a body falling within subsection (1), (1A) or (1B), or b a body of such other description as may be prescribed which complies with prescribed requirements. . 3 In subsection (1)— a for the words “community body is, subject to subsection (4) below”, substitute “ body falls within this subsection if it is ” , b in paragraph (c), for “20”, substitute “ 10 ” , c for paragraph (d), substitute— d provision that at least three quarters of the members of the company are members of the community, , d in paragraph (f), the words “and the auditing of its accounts” are repealed, e after paragraph (f), insert— fa provision that, on the request of any person for a copy of the minutes of a meeting of the company, the company must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes, fb provision that, where a request of the type mentioned in paragraph (fa) is made, the company— i may withhold information contained in the minutes, and ii if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, , and f in paragraph (h)— i in sub-paragraph (i), for “or crofting community body”, substitute “ , crofting community body or Part 3A community body (as defined in section 97D) ” , and ii in sub-paragraph (ii), for “or crofting community body”, substitute “ , crofting community body or Part 3A community body (as so defined) ” . 4 After subsection (1), insert— 1A A body falls within this subsection if it is a Scottish charitable incorporated organisation (a “ SCIO ”) the constitution of which includes the following— a a definition of the community to which the SCIO relates, b provision enabling the SCIO to exercise the right to buy land under this Part, c provision that the SCIO must have not fewer than 10 members, d provision that at least three quarters of the members of the SCIO are members of the community, e provision under which the members of the SCIO who consist of members of the community have control of the SCIO, f provision ensuring proper arrangements for the financial management of the SCIO, g provision that, on the request of any person for a copy of the minutes of a meeting of the SCIO, the SCIO must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes, h provision that, where a request of the type mentioned in paragraph (g) is made, the SCIO— i may withhold information contained in the minutes, and ii if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, and i provision that any surplus funds or assets of the SCIO are to be applied for the benefit of the community. 1B A body falls within this subsection if it is a community benefit society the registered rules of which include the following— a a definition of the community to which the society relates, b provision enabling the society to exercise the right to buy land under this Part, c provision that the society must have not fewer than 10 members, d provision that at least three quarters of the members of the society are members of the community, e provision under which the members of the society who consist of members of the community have control of the society, f provision ensuring proper arrangements for the financial management of the society, g provision that, on the request of any person for a copy of the minutes of a meeting of the society, the society must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes, h provision that, where a request of the type mentioned in paragraph (g) is made, the society— i may withhold information contained in the minutes, and ii if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, and i provision that any surplus funds or assets of the society are to be applied for the benefit of the community. . 5 In subsection (2), after “(1)(c)”, insert “ , (1A)(c) or (1B)(c) ” . 6 After subsection (4), insert— 4A Ministers may by regulations from time to time amend subsections (1), (1A) and (1B). 4B If provision is made under subsection (A1)(b), Ministers may by regulations make such amendment of section 35(A1) and (1) in consequence of that provision as they consider necessary or expedient. . 7 In subsection (5)— a the words “Unless Ministers otherwise direct” are repealed, b in paragraph (a)–– i for “subsection (1)(a)”, substitute “ subsections (1)(a), (1A)(a) and (1B)(a) ” , and ii at the end, insert “ or a prescribed type of area (or both such unit and type of area) ” , c in paragraph (b)(i), at the end, insert “ or in that prescribed type of area ” , and d in paragraph (b)(ii), after “units”, insert “ or that prescribed type of area ” . 8 In subsection (8)— a after “section”, insert “ — ” , and b at the end, insert— “ community benefit society ” means a registered society (within the meaning of section 1 of the Co-operative and Community Benefit Societies Act 2014) registered as a community benefit society under section 2 of that Act, “ registered rules ” has the meaning given by section 149 of that Act (as that meaning applies in relation to community benefit societies), “ Scottish charitable incorporated organisation ” has the meaning given by section 49 of the Charities and Trustee Investment (Scotland) Act 2005. . Modification of memorandum, articles, constitution or registered rules 38 1 Section 35 of the 2003 Act (provisions supplementary to section 34) is amended as follows. 2 Before subsection (1), insert— A1 During the relevant period, a community body may not modify its memorandum, articles of association, constitution or registered rules (as defined in section 34(8)) without Ministers' consent in writing. A2 In subsection (A1), “ relevant period ” means the period— a beginning on the day on which the community body submits an application under section 37(1) for registration of a community interest in land, and b ending with— i registration of the community interest in land, ii a decision by Ministers that the community interest in land should not be registered, iii Ministers declining, by virtue of section 39(5), to consider the application, or iv withdrawal of the application. . 3 In subsection (1), for “or articles of association”, substitute “ , articles of association, constitution or registered rules (as defined in section 34(8)) ” . 4 After subsection (3), insert— 4 Where the power conferred by subsection (3) is (or is to be) exercised in relation to land, Ministers may make an order relating to, or to matters connected with, the acquisition of the land. 5 An order under subsection (4) may— a apply, modify or exclude any enactment which relates to any matter as to which an order could be made under that subsection, b make such modifications of enactments as appear to Ministers to be necessary or expedient in consequence of any provision of the order or otherwise in connection with the order. . Register of Community Interests in Land 39 1 Section 36 of the 2003 Act (Register of Community Interests in Land) is amended as follows. 2 In subsection (2)— a in paragraph (a)— i at the beginning, insert “ where the community body which has registered the interest is constituted by a company limited by guarantee, ” , and ii the words from “which” to the end of the paragraph are repealed, and b after paragraph (a), insert— aa where the community body which has registered the interest is constituted by a Scottish charitable incorporated organisation within the meaning given in section 34(8) (a “SCIO”), the name and address of the principal office of the SCIO, ab where the community body which has registered the interest is constituted by a community benefit society as defined in section 34(8), the name and address of the registered office of the society, . 3 After subsection (5), insert— 5A Subsection (5B) applies where— a a community body changes its name, b a community body which is constituted by a company limited by guarantee or by a community benefit society changes the address of its registered office, or c a community body which is constituted by a SCIO changes the address of its principal office. 5B The community body must, as soon as reasonably practicable after the change is made, notify the Keeper of the change. . Public notice of certain applications 40 In section 37 of the 2003 Act (registration of interest in land)— a in subsection (4)(b), at the beginning, insert “ (except in the case of a proposed application of the type mentioned in subsection (4B)) ” , and b after subsection (4), insert— 4A Ministers are not to be satisfied under subsection (3) in relation to a proposed application of the type mentioned in subsection (4B) unless the applicant community body has given public notice of the proposed application by advertising it in such manner as may be prescribed. 4B The type of proposed application is one to register a community interest in land consisting of salmon fishings, or mineral rights, which are owned separately from the land in respect of which they are exigible. . Criteria for registration of interest in land 41 In section 38 of the 2003 Act (criteria for registration)— a in subsection (1)(b)— i after “that”, where it first occurs, insert “ the acquisition of the land by the community body to which the application relates is compatible with furthering the achievement of sustainable development, and that ” , ii in sub-paragraph (i), the words “defined under section 34(1)(a) above” are repealed, iii the word “or” immediately following sub-paragraph (i) is repealed, iv in sub-paragraph (ii), for “that”, where it first occurs, substitute “ the ” , v in that sub-paragraph, the words from “and” to the end of the sub-paragraph are repealed, and vi after that sub-paragraph, insert— iii where the community body is a body mentioned in section 34(A1)(a), the land is in or sufficiently near to the area of the community by reference to which the community is defined as mentioned in section 34(5)(a), or iv where the community body is a body mentioned in section 34(A1)(b), the land is in or sufficiently near to the area of the community to which the body relates, , b in subsection (2), at the beginning, insert “ Subject to subsection (2A) below, ” , c after that subsection, insert— 2A Ministers may not take into account, for the purposes of subsection (2), the approval of a member of the community if the approval was indicated earlier than 6 months before the date on which the application to register the community interest in land to which the approval relates was made. 2B Ministers may by regulations amend subsection (2A) so as to substitute for the period of time for the time being specified there a different period of time (not being less than 6 months). , and d in subsection (3), for “above”, substitute “ , (1A)(a) or (1B)(a), or where that body is a body mentioned in section 34(A1)(b), the community to which that body relates ” . Procedure for late applications 42 1 Section 39 of the 2003 Act (procedure for late applications) is amended as follows. 2 For subsection (1), substitute— 1 This section (other than subsections (4A) and (5)) applies in relation to an application to register a community interest in land which satisfies— a the conditions mentioned in subsection (1A), or b the condition mentioned in subsection (1B). 1A The conditions are that— a before the date on which the application is received by Ministers, the owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land has taken action which, if a community interest had been registered, would be prohibited under section 40(1), and b on the date on which the application is received by Ministers— i missives for the sale and purchase of the land in pursuance of that action have not been concluded, or ii an option to acquire the land in pursuance of that action has not been conferred. 1B The condition is that, where another community body has registered an interest in the land, the application is received by Ministers— a after the date on which the owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land has, under section 48(1), notified that community body that a transfer is proposed, and b before Ministers have consented, under section 51(1), to a transfer to that community body. . 3 In subsection (2)— a after paragraph (a), insert— aa Ministers may, before the end of the period of 7 days following receipt of the views of the owner of the land or, as the case may be, such a creditor under that section, request— i the owner, such a creditor or the community body making the application to provide such further information as they consider necessary in connection with their being informed as mentioned in paragraph (a), and ii that the further information be supplied within 14 days of the request, , and b in paragraph (b)(ii), after “ “30””, insert “ or (in a case where further information is requested under paragraph (aa)) “44” ” . 4 In subsection (3), for paragraph (a), substitute— a that— i such relevant work as Ministers consider reasonable was carried out by a person, or ii such relevant steps as Ministers consider reasonable were taken by a person, aa that the relevant work was carried out or the relevant steps were taken— i at a time which, in the opinion of Ministers, was sufficiently in advance of the owner of the land or, as the case may be, the creditor taking the action such as is mentioned in subsection (1A), or giving notice such as is mentioned in subsection (1B), ii in respect of land with a view to the land being used for purposes that are the same as those proposed for the land in relation to which the application relates, and iii by the community body making the application or by another person with a view to the application being made by the community body, ab that— i in the period of 12 months before the application is received by Ministers, the owner of the land or, as the case may be, the creditor taking the action such as is mentioned in subsection (1A) did not make an offer to sell the land to the community body or a similar community body, or ii in that 12 month period, the owner of the land or, as the case may be, the creditor did make an offer to sell the land to the community body or a similar community body and, in the opinion of Ministers, there are good reasons why the body did not purchase the land, . 5 After subsection (3), insert— 3A Despite subsection (3), Ministers may decide that a community interest is to be entered in the Register even though the conditions in paragraphs (a) and (aa) of that subsection are not satisfied in relation to the interest, if Ministers are satisfied that there are good reasons— a why the conditions are not satisfied, and b for allowing the interest to be entered in the Register. 3B Ministers may, before the end of the period of 7 days following receipt under section 37(5) of the views of the owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land, request— a any person they believe may be able to provide them with such further information as they consider necessary in connection with the matters mentioned in subsection (3) to provide the information, and b that the information be supplied within 14 days of the request. . 6 In subsection (4)(c), after “59(1)”, insert “ , 60A(1) ” . 7 After subsection (4), insert— 4A Subsection (5) applies in relation to an application to register a community interest in land where the application is received by Ministers after the following have occurred— a the owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land has taken action which, if a community interest in land had been registered, would be prohibited under section 40(1), and b either— i missives for the sale and purchase of the land are concluded, or ii an option to acquire the land is conferred. . 8 In subsection (5), the words from “Where” to “land” are repealed. 9 After subsection (5), insert— 6 In subsection (3)— “ relevant work ” means anything done by way of preparation of an application to register a community interest in land, “ relevant steps ” means any steps towards securing ownership of land by a community body. 7 In subsection (3)(ab)— a references to “the land” include land that is, in the opinion of Ministers, mainly the same as the land to which the application mentioned in that subsection relates, b references to “ an offer ” are references to an offer in writing (or that is confirmed in writing), c a community body is, for the purposes of that subsection, similar to another community body if, in the opinion of Ministers, it is similar to the other body to a significant degree having regard to such matters as may be prescribed. 8 In subsection (6), “ land ” means any land whether or not it is land in respect of which an application in relation to which this section applies is made. . Evidence and notification of concluded missives or option agreements 43 After section 39 of the 2003 Act, insert— Evidence and notification of concluded missives or option agreements 39A 1 Subsection (2) applies where— a an application to register a community interest in land is made, b on the date on which the application is received by Ministers— i missives for the sale and purchase of the land have been concluded, or ii an agreement conferring an option to acquire the land exists, and c the application does not disclose that such missives have been concluded or such an agreement exists. 2 The owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land must, within 21 days of receiving a copy of the application under section 37(5)(a)— a provide Ministers with evidence of the concluded missives or (as the case may be) the agreement, b where there is an agreement such as is mentioned in subsection (1)(b)(ii) which contains a date on which it will expire— i notify Ministers of that date, and ii provide Ministers with information about whether, and if so how, the agreement is capable of being extended. 3 Subsection (4) applies where— a an application to register a community interest in land is made, b on the date on which the application is received by Ministers— i missives for the sale and purchase of the land have been concluded, or ii an agreement conferring an option to acquire the land exists, c the application discloses that such missives have been concluded or such an agreement exists, and d accordingly, by virtue of section 39(4A) and (5), no copy of the application is sent to the owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land. 4 Ministers must— a send a copy of the application and the accompanying information to the owner of the land or, as the case may be, the creditor, b notify the owner of the land or, as the case may be, the creditor that Ministers must decline to consider the application by virtue of section 39(5), and c require the owner of the land or, as the case may be, the creditor to provide Ministers with the information mentioned in subsection (5) within 21 days of receipt of the copy of the application sent under paragraph (a). 5 The information is— a evidence of the concluded missives or, as the case may be, the agreement, and b where there is an agreement such as is mentioned in subsection (3)(b)(ii) which contains a date on which it will expire— i that date, and ii information about whether, and if so how, the agreement is capable of being extended. . Notification of transfer 44 In section 41 of the 2003 Act (provisions supplementary to and explanatory of section 40), after subsection (2), insert— 3 Where an owner of land or a creditor in a standard security having a right to sell land makes a transfer of land as mentioned in any of paragraphs (a) to (h) of subsection (4) of section 40, the owner of the land or, as the case may be, the creditor must within 28 days of the transfer— a notify Ministers of— i the transfer, ii the name and address of the person to whom the land was transferred, and iii the date of the transfer, and b provide Ministers with a description of the land transferred, including maps, plans or other drawings prepared to such specifications as may be prescribed. . Notice of expiry of registration 45 In section 44 of the 2003 Act (duration and renewal of registration), after subsection (5), insert— 6 The Scottish Ministers must send written notice to a community body which has a registered community interest of the date on which that interest will cease to have effect unless it is re-registered (“ the expiry date ”). 7 A notice under subsection (6) must be sent in the period beginning on the day which falls 12 months before the expiry date and ending 28 days after that day. . Changes to information relating to registered interests 46 After section 44 of the 2003 Act, insert— Duty to notify changes to information relating to registered interest 44A 1 This section applies where a community interest in land is registered in pursuance of an application under section 37. 2 Where— a the application contains information enabling Ministers to contact the community body which made the application, and b there is a change in that information, the community body must, as soon as reasonably practicable after the change, notify Ministers of the change. 3 Where— a the application contains information enabling Ministers to contact the owner of the land to which the application relates, and b there is a change in that information, the owner must, as soon as reasonably practicable after the change, notify Ministers of the change. 4 Where— a the application contains information relating to a creditor in a standard security over an interest in the land, and b there is a change in that information, the owner of the land to which the application relates must, as soon as reasonably practicable after the change, notify Ministers of the change. 5 Subsection (6) applies where— a there is a creditor in a standard security over an interest in the land to which the application relates, but b the application does not disclose the existence of the creditor (whether because the standard security did not exist at the time the application was made or otherwise). 6 The owner of the land to which the application relates must, as soon as reasonably practicable after the interest in land is registered— a notify Ministers of the existence of the creditor, and b provide Ministers with such information relating to the creditor as would enable Ministers to contact the creditor. 7 Subsection (8) applies where there is a change in information provided by a community body or an owner of land in pursuance of the duty under subsection (2), (3), (4) or (6). 8 The community body or, as the case may be, the owner of the land must as soon as reasonably practicable after the change notify Ministers of the change. . Notification under section 50 of 2003 Act 47 In section 50 of the 2003 Act (power to activate right to buy land where breach of Part 2)— a in subsection (3)(b), after “land”, insert “ , to any creditor in a standard security with a right to sell the land ” , and b after subsection (5), insert— 6 For the purposes of subsection (2)(c), the circumstances in which a community interest in land remains in effect include that— a the community body that applied under subsection (1) has, in accordance with subsection (2) of section 44, applied to re-register the interest, and b the Keeper has, by virtue of a direction under subsection (3) of that section, re-entered the interest in the Register. . Approval of members of community to buy land 48 In section 51 of the 2003 Act (exercise of right to buy: approval of community and consent of Ministers), in subsection (2)(a)— a in sub-paragraph (i)— i for the words “at least half”, substitute “ the proportion ” , ii after “above,”, insert “ who ” , and iii after “land”, insert “ is, in the circumstances, sufficient to justify the community body's proceeding to buy the land; ” , b the word “; or” immediately following sub-paragraph (i) is repealed, and c sub-paragraph (ii) is repealed. Appointment of person to conduct ballot on proposal to buy land 49 After section 51 of the 2003 Act, insert— Ballots under section 51: appointment of ballotter, etc. 51A 1 The ballot is to be conducted by a person (the “ballotter”) appointed by Ministers who appears to them to be independent and to have knowledge and experience of conducting ballots. 2 Ministers must, within the period mentioned in subsection (3), provide the ballotter with— a a copy of the application made by the community body under section 37 to register an interest in the land in relation to which the body has confirmed it will exercise the right to buy, and b such other information as may be prescribed. 3 The period is the period of 28 days beginning with the date on which a valuer is appointed under section 59(1) in respect of the land in relation to which the community body has confirmed it will exercise the right to buy. 4 Ministers must provide the community body with such details of the ballotter as will enable the community body to contact the ballotter. 5 The community body must, before the end of the period of 7 days following receipt of notification under section 60(2) of the valuation of the land, provide the ballotter with wording for the proposition mentioned in section 51(2)(b); and the ballotter must conduct the ballot on the basis of such wording. 6 At the same time as providing that wording, the community body must also provide the ballotter, in such form as may be prescribed, with such information as may be prescribed relating to— a the community body, b its proposals for use of the land in relation to which it has confirmed it will exercise its right to buy, c the valuation, and d any other matters. 7 The expense of conducting the ballot is to be met by Ministers. . Consent under section 51 of 2003 Act: prescribed information 50 After section 51A of the 2003 Act (inserted by section 49), insert— Consent under section 51: duty to provide information 51B 1 For the purposes of deciding whether they are satisfied as mentioned in section 51(3) in relation to a community body, Ministers must take into account— a the information mentioned in subsection (2), and b any other information they consider relevant. 2 The information referred to in subsection (1)(a) is information— a provided by the community body, and b that is of such a kind as may be prescribed. 3 Information mentioned in subsection (2) must be provided in the prescribed form. 4 Information that may be prescribed under subsection (2)(b) includes, in particular— a information relating to the matters mentioned in section 51(3), and b additional information relating to such information. 5 Ministers may, no later than 7 days after receiving the information mentioned in subsection (2), request the community body to provide such further information as they consider necessary. 6 The community body must, no later than 14 days after receiving any such request, provide Ministers with the further information requested. . Representations etc. regarding circumstances affecting ballot result 51 1 After section 51B of the 2003 Act (inserted by section 50), insert— Circumstances affecting result of ballot 51C 1 Within 14 days of receipt by the community body of notification under section 52(3) of the result of the ballot, the body may make representations to Ministers in writing about any circumstances that the body considers have affected the result of the ballot. 2 Where the community body makes such representations it must, when making them— a provide Ministers with such evidence as is reasonably necessary to establish the existence and effect of the circumstances to which the representations relate, and b send a copy of the representations and the evidence to the owner of the land to which the ballot relates. 3 Within 7 days of receipt of any representations under subsection (1), Ministers may request the community body to provide such further information relating to the representations or related evidence as they think fit. 4 Within 7 days of receiving such a request, the community body must respond to it. 5 Within 7 days of receipt of a copy of the representations and evidence under subsection (2)(b), the owner of the land may provide Ministers with comments on the representations and evidence. 6 Where the owner of the land provides comments under subsection (5) the owner must, when providing them, send a copy of the comments to the community body. 7 Within 7 days of receipt of a copy of comments under subsection (6), the community body may give Ministers views on the comments. 8 Within 7 days of receipt of any views under subsection (7), Ministers may request the community body to provide such further information relating to the views as they think fit. 9 Within 7 days of receiving such a request, the community body must respond to it. 10 In deciding whether they are satisfied as mentioned in section 51(2)(a), Ministers must take account of any— a representations made under subsection (1), b evidence provided under subsection (2)(a), c further information provided under subsection (4) or (9), d comments under subsection (5), and e views under subsection (7). . 2 In section 51 of the 2003 Act (exercise of right to buy: approval of community and consent of Ministers), after subsection (6), insert— 6A Where a community body makes representations under section 51C(1), the references to 21 days in paragraphs (a) and (b) of subsection (6) are to be read as references to 35 days. . Ballot not conducted as prescribed 52 In section 52 of the 2003 Act (ballot procedure), after subsection (6) (inserted by schedule 4), insert— 7 Provision may be prescribed for or in connection with— a reviewing whether a ballot was conducted in accordance with provision prescribed under subsection (1), b providing notification to such persons, or description of persons, as may be prescribed that a ballot has not been so conducted, c in a case where a ballot has not been so conducted, requiring a further ballot to be conducted on such a basis, and by such persons or description of persons, as may be prescribed, d requiring any such further ballot to be conducted— i in compliance with such conditions as may be prescribed (including conditions that the ballot be conducted in accordance with provision prescribed under subsection (1)), ii within such timescales as may be prescribed, e specifying persons, or descriptions of persons, who are to meet the expenses of conducting any such further ballot, f specifying that any review mentioned in paragraph (a) be carried out by— i such persons, ii such description of persons, or iii such a court or tribunal, as may be prescribed, g specifying the action that may be taken by such persons, persons of such description or such a court or tribunal following such a review. . Period in which ballot results and valuations are to be notified 53 1 In section 52 of the 2003 Act (ballot procedure), in subsection (4), for the words from “28 days” to the end of the subsection, substitute 12 weeks beginning with— a the date on which a valuer is appointed under section 59(1) in respect of the land in relation to which the community body has confirmed it will exercise its right to buy, or b where— i the ballotter receives notification under subsection (3C) of section 60, and ii the date notified under paragraph (c) of that subsection is after the end of the 12 week period beginning with the date on which a valuer is appointed as mentioned in paragraph (a) above, the day following the date notified to the ballotter under paragraph (c) of that subsection. . 2 In section 60 of the 2003 Act (procedure for valuation), after subsection (3), insert— 3A An application under subsection (3) must be made within the period of 21 days beginning with the date of appointment of the valuer. 3B Any longer period as mentioned in that subsection must be fixed under that subsection within the period of 7 days beginning with the day on which the application was received. 3C Where such a longer period is fixed, Ministers must notify the persons mentioned in subsection (3D) of— a the fact that a longer period has been so fixed, b the length of the period, and c the date on which the period ends. 3D The persons are— a the community body which is exercising its right to buy the land, b the person appointed to conduct the ballot in relation to the land, and c the owner of the land. . Exercise of right to buy: date of entry and payment of price 54 In section 56 of the 2003 Act (procedure for buying)— a in subsection (3)(a), for the word “6”, substitute “ 8 ” , and b after subsection (6), insert— 7 Where a later date is agreed as mentioned in subsection (3)(c), the community body must, within 7 days of the agreement— a notify Ministers in writing of the agreement, b inform Ministers— i of the date on which the agreement was made, and ii what the later date is, and c provide evidence to Ministers of the matters mentioned in paragraph (b). . Notification of application under section 57 of the 2003 Act 55 In section 57 of the 2003 Act (powers of Lands Tribunal in event of failure or delay), after subsection (5), insert— 6 Where an application under subsection (1) is made by the owner of the land or the community body, the owner or, as the case may be, the community body must, within 7 days of the date on which the application is made, notify Ministers in writing of— a the making of the application, and b the date of making the application. 7 Failure to comply with the requirement in subsection (2) to send a copy of the order made under that subsection, or with subsection (6), has no effect on— a the community body's right to buy the land, or b the validity of the application under subsection (1). . Valuation: views on representations and time limit 56 In section 60 of the 2003 Act (procedure for valuation)— a after subsection (1), insert— 1A Where written representations under subsection (1) are received— a from the owner of the land, the valuer must invite the community body which is exercising its right to buy the land to send its views on the representations in writing, b from the community body which is exercising its right to buy the land, the valuer must invite the owner of the land to send the owner's views on the representations in writing. 1B In carrying out a valuation under section 59, the valuer must consider any views sent under subsection (1A). , and b in subsection (3), for the word “6”, substitute “ 8 ” . Expenses of valuation of land 57 After section 60 of the 2003 Act, insert— Liability of owner of land for valuation expenses 60A 1 Subsection (2) applies where— a Ministers have received a confirmation sought by them under section 49(2)(a) that a community body will exercise its right to buy land in which it has a registered interest, and b after Ministers have appointed a valuer under section 59(1) to assess the value of the land, the owner of the land gives notice under section 54(5) of the owner's decision not to proceed further with the proposed transfer. 2 Ministers may require the owner of the land to pay any expense incurred by them in connection with the valuation of the land under section 59 by sending the owner a demand for payment of the expense. 3 Where Ministers are considering sending a demand under subsection (2), they may request the owner of the land to provide such information as they consider necessary for the purposes of enabling Ministers to determine whether or not to send the demand. 4 The owner of the land may, within 21 days of the receipt of a demand under subsection (2), appeal to the sheriff against the demand. 5 The decision of the sheriff in an appeal under subsection (4) is final. 6 The owner of the land must pay the amount specified in a demand under subsection (2)— a within 28 days of receipt, or b where an appeal against the demand is made under subsection (4) and not upheld, within 28 days of the determination of the appeal. . Creditors in standard security with right to sell land: appeals 58 In section 61 of the 2003 Act (appeals)— a after subsection (3), insert— 3A A creditor in a standard security with a right to sell land may appeal to the sheriff against— a a decision by Ministers that a community interest in the land is to be entered in the Register, or b a decision by Ministers to give consent to the exercise by a community body of its right to buy the land. , b in subsection (4), for the words “or (3)”, substitute “ , (3) or (3A) ” , and c in subsection (6)— i the word “and” immediately following paragraph (a)(i) is repealed, ii in paragraph (a), after sub-paragraph (ii), insert and iii any creditor in a standard security with a right to sell the land to which the appeal relates; , iii the word “and” immediately following paragraph (b)(i) is repealed, iv for the word “or” immediately following paragraph (b)(ii), substitute and iii any creditor in a standard security with a right to sell the land to which the appeal relates; , v the word “and” immediately following paragraph (c)(ii) is repealed, vi in paragraph (c), after sub-paragraph (iii), insert and iv any creditor in a standard security with a right to sell the land to which the appeal relates; , and vii after paragraph (c), insert or d under subsection (3A) above, the creditor must intimate that fact to— i the community body, ii the owner, and iii Ministers. . Appeals to Lands Tribunal as respects valuations of land 59 1 Section 62 of the 2003 Act (appeals to Lands Tribunal: valuations) is amended as follows. 2 In subsection (7), after “reasons”, where it second occurs, insert — a within 8 weeks of hearing the appeal, or b where subsection (7A) applies, by such later date referred to in paragraph (b)(ii) of that subsection. . 3 After section (7), insert— 7A This section applies where— a the Lands Tribunal considers that it is not reasonable to issue a written statement mentioned in subsection (7) by the time limit specified in paragraph (a) of that subsection, and b before the expiry of that time limit, the Lands Tribunal has notified the parties to the appeal— i that the Tribunal is unable to issue a written statement by that time limit, and ii of the date by which the Tribunal will issue such a written statement. . 4 In subsection (8), for the words from “to” to the end of the subsection, substitute — a to comply with the time limit specified in paragraph (a) of subsection (7) above, or b to issue a written statement by the date referred to in paragraph (b) of that subsection. . 5 After subsection (8), insert— 8A Where the owner of the land or the community body appeals under this section, the owner or, as the case may be, the community body must, within 7 days of the date on which the appeal is made, notify Ministers in writing of— a the making of the appeal, and b the date of the making of the appeal. 8B The Lands Tribunal must send a copy of the written statement of reasons issued under subsection (7) to Ministers. 8C Failure to comply with subsection (8A) or (8B) has no effect on— a the community body's right to buy the land, or b the validity of the appeal. . Calculation of time periods in Part 2 of 2003 Act 60 After section 67 of the 2003 Act, insert— Calculation of time periods 67A 1 In calculating for the purposes of this Part any period of time within which an act requires to be or may be done, no account is to be taken of any public or local holidays in the place where the act is to be done. 2 Subsection (1) does not apply to a period of time specified in— a section 56(3)(a) or (b), b section 60(3), or c Chapter 6 of this Part. . Duty to provide information about community right to buy 61 After section 67A of the 2003 Act (inserted by section 60), insert— Duty to provide information about community right to buy 67B 1 Ministers may, for the purpose of monitoring or evaluating any impact that the right to buy land conferred by this Part has had or may have, request a person mentioned in subsection (2) to provide them with the information mentioned in subsection (3). 2 The persons are— a a community body, b the owner or former owner of land in respect of which an application to register a community interest under section 37 was made. 3 The information is such information as Ministers may reasonably require for the purpose mentioned in subsection (1) relating to the effects that the operation of the provisions of this Part have had, or may be expected to have, on such matters as may be specified in the request. 4 A person to whom a request under subsection (1) is made must, to the extent that the person is able to do so, provide Ministers with the information requested.”. Modifications of Part 3 of Land Reform (Scotland) Act 2003 . Modifications of Part 3 of Land Reform (Scotland) Act 2003 Crofting community bodies 62 1 Section 71 of the 2003 Act (crofting community bodies) is amended as follows. 2 Before subsection (1), insert— A1 A crofting community body is, subject to subsection (4)— a a body falling within subsection (1), (1A) or (1B), or b a body of such other description as may be prescribed which complies with prescribed requirements. . 3 In subsection (1)— a for the words “crofting community body is, subject to subsection (4) below,”, substitute “ body falls within this subsection if it is ” , b in paragraph (b), after “land”, insert “ , the interest mentioned in section 69A(3) ” , c in paragraph (c), for “20”, substitute “ 10 ” , d for paragraph (d), substitute— d provision that at least three quarters of the members of the company are members of the crofting community, , e in paragraph (f), the words “and the auditing of its accounts” are repealed, and f in paragraph (h)— i after “land”, insert “ , interest in land ” , and ii in sub-paragraph (i), for the words “or community body”, substitute “ , community body or Part 3A community body (as defined in section 97D) ” . 4 After subsection (1), insert— 1A A body falls within this subsection if it is a Scottish charitable incorporated organisation (a “SCIO”) the constitution of which includes the following— a a definition of the crofting community to which the SCIO relates, b provision enabling the SCIO to exercise the right to buy land, the interest mentioned in section 69A(3) and sporting interests under this Part, c provision that the SCIO must have not fewer than 10 members, d provision that at least three quarters of the members of the SCIO are members of the crofting community, e provision under which the members of the SCIO who consist of members of the crofting community have control of the SCIO, f provision ensuring proper arrangements for the financial management of the SCIO, g provision that, on the request of any person for a copy of the minutes of a meeting of the SCIO, the SCIO must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes, h provision that, where a request of the type mentioned in paragraph (g) is made, the SCIO— i may withhold information contained in the minutes, and ii if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, and i provision that any surplus funds or assets of the SCIO are to be applied for the benefit of the crofting community. 1B A body falls within this subsection if it is a community benefit society the registered rules of which include the following— a a definition of the crofting community to which the society relates, b provision enabling the society to exercise the right to buy land, the interest mentioned in section 69A(3) and sporting interests under this Part, c provision that the society must have not fewer than 10 members, d provision that at least three quarters of the members of the society are members of the crofting community, e provision under which the members of the society who consist of members of the crofting community have control of the society, f provision ensuring proper arrangements for the financial management of the society, g provision that, on the request of any person for a copy of the minutes of a meeting of the society, the society must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes, h provision that, where a request of the type mentioned in paragraph (g) is made, the society— i may withhold information contained in the minutes, and ii if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, and i provision that any surplus funds or assets of the society are to be applied for the benefit of the crofting community. . 5 In subsection (2), after “(1)(c)”, insert “ , (1A)(c) or (1B)(c) ” . 6 After subsection (4), insert— 4A Ministers may by regulations from time to time amend subsections (1), (1A) and (1B). 4B If provision is made under subsection (A1)(b), Ministers may by regulations make such amendment of section 72(1) in consequence of that provision as they consider necessary or expedient. . 7 In subsection (5)— a after “(1)(a)”, insert “ , (1A)(a) or (1B)(a) ” , and b in paragraph (a)— i in sub-paragraph (i), after “Act”, insert “ and who are entitled to vote in local government elections in the polling district or districts in which that township is situated ” , ii the word “or” immediately following sub-paragraph (i) is repealed, and iii in sub-paragraph (ii), for the words from “being” to the end of the paragraph, substitute— ii are tenants of crofts in the crofting township whose names are entered in the Crofting Register, or the Register of Crofts, as the tenants of such crofts; iii are owner-occupier crofters of owner-occupied crofts in the crofting township whose names are entered in the Crofting Register as the owner-occupier crofters of such crofts; or iv are such other persons, or are persons falling within a class of such other persons, as may be prescribed; . 8 In subsection (6)— a for “(5)(a)(i)”, substitute “ (5)(a) ” , b after “above”, insert “ — ” , and c at the end, insert— “ owner-occupied croft ” has the meaning given by section 19B(5) of the Crofters (Scotland) Act 1993, “ owner-occupier crofter ” is to be construed in accordance with section 19B of that Act. . 9 In subsection (8)— a after “section”, insert “ — ” , and b at the end, insert— “ community benefit society ” means a registered society (within the meaning of section 1 of the Co-operative and Community Benefit Societies Act 2014) registered as a community benefit society under section 2 of that Act, “ registered rules ” has the meaning given by section 149 of that Act (as that meaning applies in relation to community benefit societies), “ Scottish charitable incorporated organisation ” has the meaning given by section 49 of the Charities and Trustee Investment (Scotland) Act 2005. . Modification of memorandum, articles, constitution or registered rules 63 In section 72 of the 2003 Act (provisions supplementary to section 71)— a in subsection (1), for “or articles of association”, substitute “ , articles of association, constitution or registered rules (as defined in section 71(8)) ” , and b after subsection (2), insert— 3 Subsection (2) does not apply if the crofting community body would no longer be entitled to buy the land because the land is not eligible croft land. 4 Where the power conferred by subsection (2) is (or is to be) exercised in relation to land, Ministers may make an order relating to, or to matters connected with, the acquisition of the land. 5 An order under subsection (4) may— a apply, modify or exclude any enactment which relates to any matter as to which an order could be made under that subsection, b make such modifications of enactments as appear to Ministers to be necessary or expedient in consequence of any provision of the order or otherwise in connection with the order. . Application: information about rights and interest in land 64 1 Section 73 of the 2003 Act (application by crofting community body for consent to buy croft land etc.) is amended as follows. 2 In subsection (5)— a after “form”, insert “ , shall specify the persons mentioned in subsection (5ZA) ” , b in paragraph (b)— i in sub-paragraph (i), after “application”, insert “ known to the crofting community body ” , and ii the words from “(ii)” to the end of the paragraph are repealed, and c paragraph (f) is repealed. 3 After subsection (5), insert— 5ZA The persons are— a the owner of the land, b any creditor in a standard security over the land or any part of it with a right to sell the land or any part of it, c the tenant of any tenancy of land over which the tenant has an interest, d the person entitled to any sporting interests, in respect of which the right to buy is sought to be exercised. . 4 After subsection (5A), insert–– 5AA Ministers may by regulations–– a modify any of paragraphs (a) to (g) of subsection (5), b provide for any of those paragraphs not to apply in such cases or circumstances as may be specified in the regulations. . 5 In subsection (11), for paragraphs (a) and (b), substitute “ in such manner as may be prescribed ” . Criteria for consent by Ministers 65 In section 74 of the 2003 Act (criteria for consent by Ministers), in subsection (1)— a the word “and” immediately following paragraph (m) is repealed, and b after paragraph (n), insert— o that the owner of the land to which the application relates is accurately identified in the application, p that any creditor in a standard security over the land to which the application relates or any part of it with a right to sell the land or any part of it is accurately identified in the application, q in the case of an application made by virtue of section 69A(2), that the tenant whose interest is the subject of the application is accurately identified in the application, and r that the person entitled to any sporting interests to which the application relates is accurately identified in the application. . Ballot: information and expenses 66 1 Section 75 of the 2003 Act (ballot to indicate approval for the purposes of section 74(1)(m)) is amended as follows. 2 After subsection (4), insert— 4A Ministers may require the crofting community body— a to provide such information relating to the ballot as they think fit, and b to provide such information relating to any consultation with those eligible to vote in the ballot undertaken during the period in which the ballot was carried out as Ministers think fit. 4B Subject to subsection (6), the expense of conducting a ballot under this section is to be met by the crofting community body. . 3 After subsection (5), insert— 6 Ministers may by regulations make provision for or in connection with enabling a crofting community body, in such circumstances as may be specified in the regulations, to apply to them to seek reimbursement of the expense of conducting a ballot under this section. 7 Regulations under subsection (6) may in particular make provision in relation to— a the circumstances in which a crofting community body may make an application by virtue of that subsection, b the method to be applied by Ministers in calculating the expense of conducting the ballot, c the criteria to be applied by Ministers in deciding whether to make a reimbursement to the applicant, d the procedure to be followed in connection with the making of— i an application to Ministers, ii an appeal against a decision made by Ministers in respect of an application, e persons who may consider such an appeal, f the powers of such persons. . Application by more than one crofting community body 67 In section 76 of the 2003 Act (right to buy same croft land exercisable by only one crofting community body), for subsection (4)(b)(i), substitute— i each person invited, under section 73(8)(a), to send them views on the application, . Reference to Land Court of questions on applications 68 In section 81 of the 2003 Act (reference to Land Court of questions on applications), in subsection (1)— a after paragraph (b), insert— ba the owner of the land which is the subject of the application, bb the person entitled to any sporting interests which are the subject of the application, , and b in paragraph (ca), after “interest”, where it first occurs, insert — i the tenant; and ii . Valuation: views on representations and time limit 69 In section 88 of the 2003 Act (assessment of value of croft land etc.)— a after subsection (9), insert— 9A Where written representations under subsection (9) are received— a from the owner of the land, the tenant or the person entitled to the sporting interests, the valuer must invite the crofting community body which is exercising its right to buy the land, tenant's interest or sporting interests to send its views on the representations in writing, b from the crofting community body which is exercising its right to buy the land, tenant's interest or sporting interests, the valuer must invite the owner of the land, the tenant or the person entitled to the sporting interests to send the views of the owner, tenant or (as the case may be) person on the representations in writing. 9B In carrying out a valuation under this section, the valuer must consider any views sent under subsection (9A). , and b in subsection (13), for the word “6”, substitute “ 8 ” . Compensation 70 In section 89 of the 2003 Act (compensation), for subsection (4), substitute— 4 Ministers may, by order, make provision for or in connection with specifying— a amounts payable in respect of loss or expense incurred as mentioned in subsection (1), b amounts payable in respect of loss or expense incurred by virtue of this Part by a person of such other description as may be specified, c the person who is liable to pay those amounts, d the procedure under which claims for compensation under this section are to be made. . Land Court: reasons for decision under section 92 71 In section 92 of the 2003 Act (appeals to Land Court: valuation)— a in subsection (5), for the words “within 4 weeks of the hearing of the appeal”, substitute — a within 8 weeks of the hearing of the appeal, or b where subsection (5A) applies, by such later date referred to in paragraph (b)(ii) of that subsection. , b after subsection (5), insert— 5A This subsection applies where— a the Land Court considers that it is not reasonable to issue a written statement mentioned in subsection (5) by the time limit specified in paragraph (a) of that subsection, and b before the expiry of that time limit, the Land Court has notified the parties to the appeal— i that the Land Court is unable to issue a written statement by that time limit, and ii of the date by which the Land Court will issue such a written statement. , c in subsection (6), for the words from “to” to the end of the subsection, substitute — a to comply with the time limit specified in paragraph (a) of subsection (5) above, or b to issue a written statement by the date referred to in paragraph (b) of that subsection. , and d after subsection (6), insert— 6A Where the owner of land, the tenant, the person entitled to the sporting interests or the crofting community body appeals under this section, the owner, tenant, person so entitled or, as the case may be, crofting community body must, within 7 days of the date on which the appeal is made, notify Ministers in writing of— a the making of the appeal, and b the date of the making of the appeal. 6B The Land Court must send a copy of the written statement of reasons issued under subsection (5) to Ministers. 6C Failure to comply with subsection (6A) or (6B) has no effect on— a the crofting community body's right to buy the land, the tenant's interest or the sporting interests, or b the validity of the appeal under this section. . Register of Crofting Community Rights to Buy 72 1 Section 94 of the 2003 Act (Register of Crofting Community Rights to Buy) is amended as follows. 2 In subsection (2)— a in paragraph (a)— i at the beginning, insert “ where the crofting community body which has submitted the application is constituted by a company limited by guarantee, ” , and ii the words from “which” to the end of the paragraph are repealed, and b after paragraph (a), insert— aa where the crofting community body which has submitted the application is constituted by a Scottish charitable incorporated organisation within the meaning given in section 71(8) (a “SCIO”), the name and address of the principal office of the SCIO, ab where the crofting community body which has submitted the application is constituted by a community benefit society as defined in section 71(8), the name and address of the registered office of the society, . 3 After subsection (2), insert— 2A Subsection (2B) applies where— a a crofting community body changes its name, b a crofting community body which is constituted by a company limited by guarantee or by a community benefit society changes the address of its registered office, or c a crofting community body which is constituted by a SCIO changes the address of its principal office. 2B The crofting community body must, as soon as reasonably practicable after the change is made, notify the Crofting Commission of the change. . 4 After subsection (3), insert— 3A If the crofting community body registering an application requires that any such information or document relating to that application and falling within subsection (3B) as is specified in the requirement be withheld from public inspection, that information or document is to be kept by or on behalf of Ministers separately from and not entered in the crofting register. 3B Information or a document falls within this subsection if it relates to arrangements for the raising or expenditure of money to enable the land to which the application relates to be put to a particular use. 3C Nothing in subsection (3A) or (3B) obliges an applicant crofting community body, or empowers Ministers to require such a body, to submit to Ministers any information or document within subsection (3B). . Meaning of creditor in standard security with right to sell 73 After section 97 of the 2003 Act, insert— Meaning of creditor in standard security with right to sell 97ZA Any reference in this Part to a creditor in a standard security with a right to sell land is a reference to a creditor who has such a right under— a section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, or b a warrant granted under section 24(1) of that Act. . Abandoned, neglected and detrimental land Abandoned, neglected and detrimental land 74 After section 97A of the 2003 Act, insert— PART 3A COMMUNITY RIGHT TO BUY ABANDONED, NEGLECTED OR DETRIMENTAL LAND Meaning of “land” 97B In this Part, “ land ” includes— a bridges and other structures built on or over land, b inland waters (within the meaning of section 69(1) of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003), c canals, and d the foreshore, that is to say, the land between the high and low water marks of ordinary spring tides. Right to buy eligible land 97C 1 The land which may be bought by a Part 3A community body under this Part is eligible land. 2 Land is eligible for the purposes of this Part if in the opinion of Ministers— a it is wholly or mainly abandoned or neglected, or b the use or management of the land is such that it results in or causes harm, directly or indirectly, to the environmental wellbeing of a relevant community. 3 In subsection (2)(b)— a “harm”— i includes harm the environmental effects of which have an adverse effect on the lives of persons comprising the relevant community mentioned in that subsection, ii does not include harm which, in the opinion of Ministers, is negligible, b “ relevant community ”, in relation to a Part 3A community body making an application under section 97G in relation to the land, means— i the community defined as mentioned in subsection (9) of section 97D to which the Part 3A community body relates (reading that subsection as if paragraph (b)(ii) were omitted), or ii where the Part 3A community body is a body mentioned in section 97D(1)(b), the community to which the body relates. 4 In determining whether land is eligible for the purposes of this Part, Ministers must have regard to prescribed matters. 5 Eligible land does not include— a land on which there is a building or other structure which is an individual's home other than a building or other structure which is occupied by an individual under a tenancy, b such land pertaining to land of the type mentioned in paragraph (a) as may be prescribed, c eligible croft land (as defined in section 68(2)), d any croft occupied or worked by its owner or a member of its owner's family, e land which is owned or occupied by the Crown by virtue of its having vested as bona vacantia in the Crown, or its having fallen to the Crown as ultimus haeres , f land of such other descriptions or classes as may be prescribed. 6 Ministers may prescribe— a descriptions or classes of building or structure which are, or are to be treated as, a home for the purposes of paragraph (a) of subsection (5), b descriptions or classes of occupancy or possession which are, or are to be treated as, a tenancy for the purposes of that paragraph. 7 In subsection (5)(d), the reference to a croft being occupied includes— a a reference to its being occupied otherwise than permanently, and b a reference to its being occupied by way of the occupation by its owner of any dwelling-house on or pertaining to it. Part 3A community bodies 97D 1 A Part 3A community body is, subject to subsection (6)–– a a body falling within subsection (2), (3) or (4), or b a body of such other description as may be prescribed which complies with prescribed requirements. 2 A body falls within this subsection if it is a company limited by guarantee the articles of association of which include the following— a a definition of the community to which the company relates, b provision enabling the company to exercise the right to buy land under this Part, c provision that the company must have not fewer than 10 members, d provision that at least three quarters of the members of the company are members of the community, e provision whereby the members of the company who consist of members of the community have control of the company, f provision ensuring proper arrangements for the financial management of the company, g provision that any surplus funds or assets of the company are to be applied for the benefit of the community, and h provision that, on the winding up of the company and after satisfaction of its liabilities, its property (including any land acquired by it under this Part) passes— i to such other community body or crofting community body as may be approved by Ministers, or ii if no other community body or crofting community body is so approved, to Ministers or to such charity as Ministers may direct. 3 A body falls within this subsection if it is a Scottish charitable incorporated organisation (a “SCIO”) the constitution of which includes the following— a a definition of the community to which the SCIO relates, b provision enabling the SCIO to exercise the right to buy land under this Part, c provision that the SCIO must have not fewer than 10 members, d provision that at least three quarters of the members of the SCIO are members of the community, e provision under which the members of the SCIO who consist of members of the community have control of the SCIO, f provision ensuring proper arrangements for the financial management of the SCIO, g provision that, on the request of any person for a copy of the minutes of a meeting of the SCIO, the SCIO must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes, h provision that, where a request of the type mentioned in paragraph (g) is made, the SCIO— i may withhold information contained in the minutes, and ii if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, and i provision that any surplus funds or assets of the SCIO are to be applied for the benefit of the community. 4 A body falls within this subsection if it is a community benefit society the registered rules of which include the following— a a definition of the community to which the society relates, b provision enabling the society to exercise the right to buy land under this Part, c provision that the society must have not fewer than 10 members, d provision that at least three quarters of the members of the society are members of the community, e provision under which the members of the society who consist of members of the community have control of the society, f provision ensuring proper arrangements for the financial management of the society, g provision that, on the request of any person for a copy of the minutes of a meeting of the society, the society must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes, h provision that, where a request of the type mentioned in paragraph (g) is made, the society— i may withhold information contained in the minutes, and ii if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, and i provision that any surplus funds or assets of the society are to be applied for the benefit of the community. 5 Ministers may, if they think it in the public interest to do so, disapply the requirement specified in subsection (2)(c), (3)(c) or (4)(c) in relation to any body they may specify. 6 A body is not a Part 3A community body unless Ministers have given it written confirmation that they are satisfied that the main purpose of the body is consistent with furthering the achievement of sustainable development. 7 Ministers may by regulations from time to time amend subsections (2), (3) and (4). 8 If provision is made under subsection (1)(b), Ministers may by regulations make such amendment of section 97E(1) in consequence of that provision as they consider necessary or expedient. 9 A community— a is defined for the purposes of subsection (2)(a), (3)(a) and (4)(a) by reference to a postcode unit or postcode units or a prescribed type of area (or both such unit and type of area), and b comprises the persons from time to time— i resident in that postcode unit or in one of those postcode units or in that prescribed type of area, and ii entitled to vote, at a local government election, in a polling district which includes that postcode unit or those postcode units or that prescribed type of area (or part of it or them). 10 In subsection (9), “ postcode unit ” means an area in relation to which a single postcode is used to facilitate the identification of postal service delivery points within the area. 11 The articles of association of a company which is a Part 3A community body may, notwithstanding the generality of paragraph (h) of subsection (2), provide that its property may, in the circumstances mentioned in that paragraph, pass to another person only if that person is a charity. 12 In this section–– “ charity ” means a body entered in the Scottish Charity Register, “ community benefit society ” means a registered society (within the meaning of section 1 of the Co-operative and Community Benefit Societies Act 2014) registered as a community benefit society under section 2 of that Act, “ company limited by guarantee ” has the meaning given by section 3(3) of the Companies Act 2006, “ registered rules ” has the meaning given by section 149 of that Act of 2014 (as that meaning applies in relation to community benefit societies), “ Scottish charitable incorporated organisation ” has the meaning given by section 49 of the Charities and Trustee Investment (Scotland) Act 2005. Provisions supplementary to section 97D 97E 1 A Part 3A community body which has bought land under this Part may not, for as long as the land or any part of it remains in its ownership, modify its memorandum, articles of association, constitution or registered rules (as defined in section 97D(12)) without Ministers' consent in writing. 2 If Ministers are satisfied that a Part 3A community body which has, under this Part, bought land would, had it not so bought that land, no longer be entitled to do so, they may acquire the land compulsorily. 3 Subsection (2) does not apply if the Part 3A community body would no longer be entitled to buy the land because the land is not eligible for the purposes of this Part. 4 Where the power conferred by subsection (2) is (or is to be) exercised in relation to land, Ministers may make an order relating to, or to matters connected with, the acquisition of the land. 5 An order under subsection (4) may— a apply, modify or exclude any enactment which relates to any matter as to which an order could be made under that subsection, b make such modifications of enactments as appear to Ministers to be necessary or expedient in consequence of any provision of the order or otherwise in connection with the order. Register of Community Interests in Abandoned, Neglected or Detrimental Land 97F 1 The Keeper must set up and keep a register, to be known as the Register of Community Interests in Abandoned, Neglected or Detrimental Land (the “Part 3A Register”). 2 The Part 3A Register must be set up and kept so as to contain, in a manner and form convenient for public inspection, the following information and documents relating to each application to exercise the right to buy under this Part registered in it— a where the Part 3A community body which has submitted the application is constituted by a company limited by guarantee, the name and address of the registered office of the company, b where the Part 3A community body which has submitted the application is constituted by a Scottish charitable incorporated organisation within the meaning given in section 97D(12) (a “SCIO”), the name and address of the principal office of the SCIO, c where the Part 3A community body which has submitted the application is constituted by a community benefit society as defined in section 97D(12), the name and address of the registered office of the society, d a copy of the application to exercise the right to buy under this Part, e a copy of any notification given under section 97K(4)(b), f a copy of the notice given under section 97M(1), g a copy of any notice under section 97P(1), h a copy of any notice under section 97P(2)(a), i a copy of any notice under section 97P(2)(b), j a copy of any acknowledgement sent under section 97P(3), k such other information as Ministers consider appropriate. 3 Subject to subsection (4), any person who, under this Part, provides a document or other information, or makes a decision, which or a copy of which is to be registered in the Part 3A Register must, as soon as reasonably practicable after providing the document or other information or, as the case may be, making the decision, give it or a copy of it to the Keeper for the purpose of allowing it to be so registered. 4 If the Part 3A community body registering an application requires that any such information or document relating to that application and falling within subsection (5) as is specified in the requirement be withheld from public inspection, that information or document is to be kept by or on behalf of Ministers separately from and not entered in the Register. 5 Information or a document falls within this subsection if it relates to arrangements for the raising or expenditure of money to enable the land to which the application relates to be put to a particular use. 6 Nothing in subsection (4) or (5) obliges an applicant Part 3A community body, or empowers Ministers to require such a body, to submit to Ministers any information or document within subsection (5). 7 Subsection (8) applies where— a a Part 3A community body changes its name, b a Part 3A community body which is constituted by a company limited by guarantee or by a community benefit society changes the address of its registered office, or c a Part 3A community body which is constituted by a SCIO changes the address of its principal office. 8 The Part 3A community body must, as soon as reasonably practicable after the change is made, notify the Keeper of the change. 9 Ministers may by regulations modify— a paragraphs (a) to (j) of subsection (2), b subsection (4), c subsection (5). 10 The Keeper must ensure— a that the Part 3A Register is, at all reasonable times, available for public inspection free of charge, b that members of the public are given facilities for getting copies of entries in the Part 3A Register on payment of such charges as may be prescribed, and c that any person requesting it is, on payment of such a charge, supplied with an extract entry certified to be a true copy of the original. 11 An extract so certified is sufficient evidence of the original. 12 In this Part, “ the Keeper ” means— a the Keeper of the Registers of Scotland, or b such other person as Ministers may appoint to carry out the Keeper's functions under this Part. 13 Different persons may be so appointed for different purposes. Right to buy: application for consent 97G 1 The right to buy under this Part may be exercised only by a Part 3A community body. 2 That right may be so exercised only with the consent of Ministers given on the written application of the Part 3A community body. 3 That right may be exercised in relation to more than one holding of land but in order so to exercise the right an application must be made in respect of each such holding and applications so made may be differently disposed of. 4 In subsection (3), a “holding” of land is land in the ownership of one person or in common or joint ownership. 5 An application under this section— a must be made in the prescribed form, b must specify— i the owner of the land, ii any tenant of the land, and iii any creditor in a standard security over the land or any part of it, and c must include or be accompanied by information of the prescribed kind including information (provided, where appropriate, by or by reference to maps or drawings) about the matters mentioned in subsection (6). 6 The matters are— a the reasons the Part 3A community body considers that its proposals for the land are— i in the public interest, and ii compatible with furthering the achievement of sustainable development in relation to the land, b the reasons the Part 3A community body considers that the land is— i wholly or mainly abandoned or neglected, or ii being used or managed in such a way as to result in or cause harm as mentioned in section 97C(2)(b), c the location and boundaries of the land in respect of which the right to buy is sought to be exercised, d all rights and interests in the land known to the Part 3A community body, e the proposed use, development and management of the land, and f where the Part 3A community body has made a request to a relevant regulator as mentioned in section 97H(5)(b) (“relevant regulator” being construed in accordance with section 97H(6)), information about the request. 7 A Part 3A community body applying under this section must, at the same time as it applies— a send a copy of its application and the accompanying information to the owner of the land to which the application relates, and b where there is a standard security in relation to the land or any part of it, send a copy of the application and the accompanying information to the creditor who holds the standard security and invite the creditor— i to notify the Part 3A community body and Ministers, within 60 days of receipt of the invitation, if any of the circumstances set out in subsection (8) has arisen (or arises within 60 days of receipt of the invitation), and ii if such notice is given, to provide Ministers, within that time, with the creditor's views in writing on the application. 8 Those circumstances are that— a a calling-up notice has been served by the creditor under section 19 of the Conveyancing and Feudal Reform (Scotland) Act 1970 in relation to the land which the Part 3A community body is seeking to exercise its right to buy or any part of the land and that notice has not been complied with, b a notice of default served by the creditor under section 21 of that Act in relation to the land or any part of the land has not been complied with and the person on whom the notice was served has not, within the period specified in section 22 of that Act, objected to the notice by way of application to the court, c where that person has so objected, the court has upheld or varied the notice of default, d the court has granted the creditor a warrant under section 24 of that Act in relation to the land or any part of the land. 9 On receipt of an application under this section, Ministers must— a invite— i the owner of the land, ii any tenant of the land, iii any creditor in a standard security over the land or any part of it, and iv any other person whom Ministers consider to have an interest in the application, to send them, so as to be received not later than 60 days after the sending of the invitation, views in writing on the application, b take reasonable steps to invite the owners of all land contiguous to the land to which the application relates to send them, so as to be received not later than 60 days after the sending of the invitation, views in writing on the application, and c send copies of invitations given under paragraphs (a) and (b) to the Part 3A community body. 10 An invitation given under subsection (9)(a)(i) must also invite the owner to give Ministers information about— a whether the owner considers that it would be in the public interest for Ministers to consent to the application and, if not, the reasons the owner considers that it would not be in the public interest for such consent to be given, b whether the owner's continuing to own the land would be compatible with furthering the achievement of sustainable development in relation to the land, c whether the owner considers the land to be wholly or mainly neglected or abandoned or, as the case may be, to be used or managed in such a way as to result in or cause harm as mentioned in section 97C(2)(b) and the reasons for the owner's view, d any proposals that the owner has for the land, e any rights or interests in the land of which the owner is aware that are not mentioned in the application, and f any other matter that the owner considers is relevant to the application. 11 Ministers must, as soon as practicable after receiving an application, give public notice of it and of the date by which, under subsection (9)(a), views are to be received by them and, in that notice, invite persons to send to Ministers, so as to be received by them not later than 60 days after the publication of the notice, views in writing on the application. 12 That public notice is to be given by advertisement in such manner as may be prescribed. 13 Ministers must— a send copies of any views they receive under this section to the Part 3A community body, and b invite it to send them, so as to be received by them not later than 60 days after the sending of that invitation, its responses to these views. 14 Ministers must, when considering whether to consent to an application under this section, have regard to all views on it and responses to the views which they have received in answer to invitations under this section. 15 Ministers must decline to consider an application which— a does not comply with the requirements of or imposed under this section, b is otherwise incomplete, or c otherwise indicates that it is one which Ministers would be bound to reject; and Ministers are not required to comply with subsections (9) to (14) in relation to such an application. 16 Ministers must not reach a decision on an application before— a the date which is 60 days after the last date on which the Part 3A community body may provide Ministers with a response to the invitation given under subsection (13), or b if by that date the Lands Tribunal has not advised Ministers of its finding on any question referred to it under section 97X in relation to the application, the date on which the Lands Tribunal provides Ministers with that finding. 17 A Part 3A community body may require Ministers to treat as confidential any information or document relating to arrangements for the raising or expenditure of money to enable the land to be put to a particular use, being information or a document made available to Ministers for the purposes of this section. Criteria for consent 97H 1 Ministers must not consent to an application made under section 97G unless they are satisfied— a that the land to which the application relates is eligible land, b that the exercise by the Part 3A community body of the right to buy under this Part is— i in the public interest, and ii compatible with furthering the achievement of sustainable development in relation to the land, c that the achievement of sustainable development in relation to the land would be unlikely to be furthered by the owner of the land continuing to be its owner, d that the owner of the land is accurately identified in the application, e that any creditor in a standard security over the land or any part of it with a right to sell the land or any part of it is accurately identified in the application, f that the owner is not— i prevented from selling the land, or ii subject to any enforceable personal obligation (other than an obligation arising by virtue of any right suspended by regulations under section 97N(3)) to sell the land otherwise than to the Part 3A community body, g that the Part 3A community body complies with the provisions of section 97D, h that— i a significant number of the members of the community to which the application relates have a connection with the land, ii the land is sufficiently near to land with which those members of the community have a connection, iii where the Part 3A community body is a body mentioned in section 97D(1)(a), the land is in or sufficiently near to the area of the community by reference to which the community is defined as mentioned in section 97D(9)(a), or iv where the Part 3A community body is a body mentioned in section 97D(1)(b), the land is in or sufficiently near to the area of the community to which the body relates, i that the community have approved the proposal to exercise the right to buy, and j that, otherwise than by virtue of this Part, the Part 3A community body has tried and failed to buy the land. 2 Subsection (1) is subject to subsections (3) to (7). 3 Subsections (4) to (7) apply in relation to an application made under section 97G that relates to land the use or management of which is such that it results in or causes harm to the environmental wellbeing of a relevant community (as defined in section 97C(3)). 4 In deciding whether to consent to the application, Ministers are not required to be satisfied as to the matter mentioned in subsection (1)(c) in relation to the land. 5 Ministers must not consent to the application unless they are satisfied (in addition to the matters specified in subsection (1) as read with subsection (4))— a that the exercise by the Part 3A community body of the right to buy under this Part is compatible with removing, or substantially removing, the harm to the environmental wellbeing of the relevant community, b that the Part 3A community body has, before the application is submitted, made a request to— i a relevant regulator (if any), or ii where there is more than one relevant regulator, to all such regulators, to take action in relation to the land in exercise of its (or their) relevant regulatory functions that could, or might reasonably be expected to, remedy or mitigate the harm, and c (regardless of whether or not a relevant regulator is taking, or has taken, action in exercise of its relevant regulatory functions in relation to the land) that the harm is unlikely to be removed, or substantially removed, by the owner of the land continuing to be its owner. 6 For the purposes of subsection (5)— a “ regulator ” means— i such person, body or office-holder as may be prescribed, or ii a person, body or office-holder of such description as may be prescribed, b a regulator is “relevant” if, in the opinion of Ministers, the regulator is relevant having regard to the harm to the environmental wellbeing of the relevant community, c action taken by a relevant regulator in exercise of its relevant functions includes action to secure compliance with or enforce a regulatory requirement, d “ regulatory functions ” has the meaning given by section 1(5) (as read with section 1(6)) of the Regulatory Reform (Scotland) Act 2014, but as if the words “but does not include any such functions exercisable by a planning authority” in section 1(5) were omitted, e a regulatory function is “relevant” if, in the opinion of Ministers, the function is relevant having regard to the harm to the environmental wellbeing of the relevant community. 7 In subsection (6)(c), “ regulatory requirement ” has the meaning given by section 1(5) of the Regulatory Reform (Scotland) Act 2014, but as if the references to “regulator” and “regulatory functions” in paragraph (b) of that definition were references respectively to “regulator” and “regulatory functions” within the meaning given by subsection (6) of this section. 8 References in subsection (1) to the community are, in relation to a Part 3A community body, references to— a where the body is a body mentioned in section 97D(1)(a), the community defined in relation to the body under section 97D(2)(a), (3)(a) or (4)(a), or b where the body is a body mentioned in section 97D(1)(b), the community to which the body relates. Ballot to indicate approval for purposes of section 97H 97J 1 The community, defined in pursuance of section 97D in relation to a Part 3A community body which has applied to buy land, are to be taken for the purposes of section 97H(1)(i) as having approved a proposal to buy if— a a ballot of the members of the community so defined has, during the period of six months which immediately preceded the date on which the application was made, been conducted by the Part 3A community body on the question whether the Part 3A community body should buy the land, b in the ballot— i at least half of the members of the community so defined have voted, or ii fewer than half of the members of the community so defined have voted but the proportion which voted is sufficient to justify the Part 3A community body's proceeding to buy the land, and c the majority of those voting have voted in favour of the proposition that the Part 3A community body buy the land. 2 The ballot is to be conducted as prescribed. 3 The provisions prescribed must in particular include provision for— a the ascertainment and publication of— i the number of persons eligible to vote in the ballot, ii the number who did vote, and iii the numbers of valid votes respectively cast for and against the proposition mentioned in subsection (1)(c), and b the form and manner in which the result of the ballot is to be published. 4 The Part 3A community body which conducts a ballot must, within 21 days of the ballot (or, if its application under section 97G is made before the expiry of that period, together with the application), and in the prescribed form of return, notify Ministers of— a the result, b the number of persons eligible to vote, c the number of persons who voted, and d the number of persons who voted in favour of the proposition mentioned in subsection (1)(c). 5 Ministers may require the Part 3A community body— a to provide such information relating to the ballot as they think fit, and b to provide such information relating to any consultation with those eligible to vote in the ballot undertaken during the period in which the ballot was carried out as Ministers think fit. 6 Subject to subsection (7), the expense of conducting a ballot under this section is to be met by the Part 3A community body. 7 Ministers may by regulations make provision for or in connection with enabling a Part 3A community body, in such circumstances as may be specified in the regulations, to apply to them to seek reimbursement of the expense of conducting a ballot under this section. 8 Regulations under subsection (7) may in particular make provision in relation to— a the circumstances in which a Part 3A community body may make an application by virtue of that subsection, b the method to be applied by Ministers in calculating the expense of conducting the ballot, c the criteria to be applied by Ministers in deciding whether to make a reimbursement to the applicant, d the procedure to be followed in connection with the making of— i an application to Ministers, ii an appeal against a decision made by Ministers in respect of an application, e persons who may consider such an appeal, f the powers of such persons. 9 If the ballot is not conducted as prescribed, the Part 3A community body's right to buy the land to which the body's application relates is, so far as proceeding on that application, extinguished. Right to buy same land exercisable by only one Part 3A community body 97K 1 Only one Part 3A community body may exercise the right under this Part to buy the same land. 2 Where two or more such bodies have applied to buy the same land, it is for Ministers to decide which application is to proceed. 3 Ministers may not make such a decision unless they have had regard to all views on each of the applications, and responses to the views, which they have received in answer to invitations under section 97G. 4 On Ministers so deciding— a the other body's right to buy the land which is the subject of the body's application is, so far as proceeding on that application, extinguished, and b they must notify the bodies and each person invited, under section 97G(9)(a), to send them views on the application of that fact. Consent conditions 97L Ministers may make their consent to an application made under section 97G subject to conditions. Notification of Ministers' decision on application 97M 1 Ministers must give written notice, in prescribed form, of their decision on an application made under section 97G, and their reasons for it, to— a the applicant Part 3A community body, b the owner of the land to which the application relates, c every other person who was invited, under section 97G(9)(a), to send them views on the application, and d the Keeper. 2 The form of notice is to be prescribed so as to secure that the notice includes a full description of— a the land to which the application relates (provided, where appropriate, by or by reference to maps and drawings), and b where their decision is to consent to the application, any conditions imposed under section 97L. 3 The notice given under subsection (1) must— a contain information about the consequences of the decision notified and of the rights of appeal against it given by this Part, and b state the date on which consent is given or refused. Effect of Ministers' decision on right to buy 97N 1 Ministers may by regulations make provision for or in connection with prohibiting, during such period as may be specified in the regulations, persons so specified from transferring or otherwise dealing with land in respect of which a Part 3A community body has made an application under section 97G. 2 Regulations under subsection (1) may in particular include provision— a specifying transfers or dealings which are not prohibited by the regulations, b requiring or enabling such persons as may be specified in the regulations, in such circumstances as may be so specified, to register in the Register of Community Rights in Abandoned, Neglected or Detrimental Land notices as may be so specified, c requiring, in such circumstances as may be specified in the regulations, such information as may be so specified to be incorporated into deeds relating to the land as may be so specified. 3 Ministers may by regulations make provision for or in connection with suspending, during such period as may be specified in the regulations, such rights in or over land in respect of which a Part 3A community body has made an application under section 97G as may be so specified. 4 Regulations under subsection (3) may in particular include provision specifying— a rights to which the regulations do not apply, b rights to which the regulations do not apply in such circumstances as may be specified in the regulations. 5 Nothing in this Part— a affects the operation of an inhibition on the sale of the land, b prevents an action of adjudication from proceeding, or c affects the commencement, execution or operation of any other diligence. Confirmation of intention to proceed with purchase and withdrawal 97P 1 A Part 3A community body's right to buy land under this Act is exercisable only if, within 21 days of the date of notification under section 97S(12), it sends notice in writing confirming its intention to proceed to buy the land to— a Ministers, and b the owner of the land. 2 A Part 3A community body may, at any time after— a making an application under section 97G, withdraw the application, or b confirming its intention to proceed under subsection (1), withdraw that confirmation, by notice in writing to that effect sent to Ministers. 3 Ministers must, within 7 days of receipt of notice under subsection (1) or (2), acknowledge receipt and send a copy of that acknowledgement to the owner of the land. Completion of purchase 97Q 1 It is for the Part 3A community body to secure the expeditious exercise of its right to buy and, in particular— a to prepare the documents necessary to— i effect the transfer to it of the land, and ii impose any conditions (including any real burdens or servitudes) which Ministers, under section 97L, require to be imposed upon the title to land, and b in so doing, to ensure— i that the land in the application to which Ministers have consented is the same as that to be transferred, and ii that the transfer is to be effected in accordance with any other conditions imposed by Ministers under section 97L. 2 Where the Part 3A community body is unable to fulfil the duty imposed by subsection (1)(b) because the land or part of the land in respect of which Ministers' consent was given is not owned by the person named as its owner in the application made under section 97G, it must refer that matter to Ministers. 3 On a reference under subsection (2), Ministers must direct that the Part 3A community body’s right to buy the land is, so far as proceeding on that application, extinguished. 4 The owner of the land being bought is obliged— a to make available to the Part 3A community body such deeds and other documents as are sufficient to enable the body to proceed to complete its title to the land, and b to transfer title accordingly. 5 If, within 6 weeks of the date on which Ministers consent to an application to buy land, the owner of the land refuses or fails to make those deeds and other documents available, or they cannot be found, the Lands Tribunal may, on the application of the Part 3A community body, order the owner or any other person appearing to the Lands Tribunal to have those deeds and documents to produce them. 6 If the owner of the land refuses or fails to effect such sufficient transfer as is mentioned in subsection (4), the Lands Tribunal may, on the application of the Part 3A community body, authorise its clerk to adjust, execute and deliver such deeds or other documents as will complete such transfer to the like force and effect as if done by the owner or person entitled. Completion of transfer 97R 1 The consideration for the transfer of the land is its value as assessed under section 97S. 2 Subject to subsections (3) and (4), that consideration must be paid not later than the “final settlement date”, being the date on which expires a 6 month period beginning with the date (the “consent date”) when Ministers consented to the application made under section 97G to buy the land. 3 Where— a the Part 3A community body and the owner so agree, the consideration may be paid on a date later than the final settlement date, b the assessment of the valuation of the land has not been completed by a date 4 months after the consent date, the consideration must be paid not later than 2 months after the date when that assessment is completed, c that valuation is the subject of an appeal which has not been determined within 4 months of the consent date, the consideration must be paid not later than 2 months after the date of that determination. 4 If, on the date the consideration is to be paid, the owner is not able to effect the grant of a good and marketable title to the Part 3A community body— a the consideration, or b if, for any reason, the consideration has not been ascertained, such sum as may be fixed by the valuer appointed under section 97S as a fair estimate of what the consideration might be, must be consigned into the Lands Tribunal until that title is granted or the Part 3A community body gives notice to the Tribunal of its decision not to proceed to complete the transaction. 5 Except where subsection (4) applies, if the consideration remains unpaid after the date not later than which it is to be paid, the Part 3A community body's application made under section 97G in relation to the land is to be treated as withdrawn. 6 Any heritable security which burdened the land immediately before title is granted to the Part 3A community body in pursuance of this section ceases to do so on the recording of that title in the Register of Sasines or registration in the Land Register of Scotland of the body's interest in the land. 7 Where such a security also burdens land other than the land in respect of which title is granted to the Part 3A community body, the security does not, by virtue of subsection (6), cease to burden that other land. 8 Unless the creditors in right of any such security otherwise agree, the Part 3A community body must pay to them according to their respective rights and preferences any sum which would, but for this subsection, be paid to the owner by the Part 3A community body as consideration for the land. 9 Any sum paid by a Part 3A community body under subsection (8) must be deducted from the sum which the body is to pay to the owner as consideration for the land. Assessment of value of land etc. 97S 1 Where Ministers consent to an application made under section 97G, they must, subject to subsection (2), within 7 days of doing so appoint a valuer, being a person who appears to Ministers to be suitably qualified, independent and to have knowledge and experience of valuing land of a kind which is similar to the land being bought, to assess the value of the land to which the application relates. 2 The validity of anything done under this section is not affected by any failure by Ministers to comply with the time limit specified in subsection (1). 3 In assessing the value of land in pursuance of an appointment under subsection (1), a valuer— a does not act on behalf of the owner of the land or of the Part 3A community body which is exercising its right to buy the land under this Part, and b is to act as an expert and not as an arbiter. 4 The value to be assessed is the market value of the land as at the date when Ministers consented to the application made under section 97G relating to the land. 5 The “market value” of land is the aggregate of— a the value it would have on the open market as between a seller and a buyer both of whom are, as respects the transaction, willing, b any depreciation in the value of other land or interests belonging to the seller which may result from the transfer of land, including depreciation caused by division of the land by the transfer of land to the Part 3A community body, and c the amount attributable to any disturbance to the seller which may arise in connection with the transfer of the land to the Part 3A community body. 6 In arriving, for the purposes of this section, at the value which land would have on the open market in the circumstances mentioned in subsection (5)(a)— a account may be taken, in so far as a seller and buyer such as are mentioned in subsection (5) would do so, of any factor attributable to the known existence of a person who (not being the Part 3A community body which is exercising its right to buy the land) would be willing to buy the land at a price higher than others would because of a characteristic of the land which relates peculiarly to that person's interest in buying it, b no account is to be taken of— i any depreciation of the type mentioned in subsection (5)(b), ii any disturbance of the type mentioned in subsection (5)(c), iii the absence of the period of time during which the land would, on the open market, be likely to be advertised and exposed for sale. 7 The expense of a valuation under this section is to be met by Ministers. 8 In carrying out a valuation under this section, the valuer must— a invite— i the owner of the land, and ii the Part 3A community body which is exercising its right to buy the land, to make representations in writing about the value of the land, and b consider any representations made accordingly. 9 Where written representations under subsection (8) are received— a from the owner of the land, the valuer must invite the Part 3A community body which is exercising its right to buy the land to send its views on the representations in writing, b from the Part 3A community body which is exercising its right to buy the land, the valuer must invite the owner of the land to send the owner's views on the representations in writing. 10 In carrying out a valuation under this section, the valuer must consider any views sent under subsection (9). 11 Where the Part 3A community body and the owner of the land have agreed the valuation of the land they must notify the valuer in writing of that valuation. 12 The valuer must, within the period set out in subsection (13), notify Ministers, the Part 3A community body and the owner of the land of the assessed value of the land. 13 The period referred to in subsection (12) is the period of 8 weeks beginning with the date of appointment of the valuer or such longer period as Ministers may, on an application by the valuer, fix. 14 The validity of anything done under this Part is not affected by any failure by a valuer to comply with the time limit specified in subsection (13). Compensation 97T 1 Any person, including an owner or former owner of land, who has incurred loss or expense— a in complying with the requirements of this Part following the making of an application under section 97G by a Part 3A community body, b as a result of the withdrawal by the Part 3A community body of its confirmation under section 97P or its failure otherwise to complete the purchase after having so confirmed its intention under that section, or c as a result of the failure of the Part 3A community body which made that application to complete the purchase, is entitled to recover the amount of that loss or expense from the Part 3A community body. 2 There is no such entitlement where the application made under section 97G is refused. 3 Where such an application has been refused, the owner of the land who has incurred loss or expense as mentioned in subsection (1)(a) is entitled to recover the amount of that loss or expense from Ministers. 4 Ministers may, by order, make provision for or in connection with specifying— a amounts payable in respect of loss or expense incurred as mentioned in subsection (1), b amounts payable in respect of loss or expense incurred by virtue of this Part by a person of such other description as may be specified, c the person who is liable to pay those amounts, d the procedure under which claims for compensation under this section are to be made. 5 Where, at the expiry of such period of time as may be fixed for the purposes of this subsection by an order under subsection (4)(d), any question as to whether compensation is payable or as to the amount of any compensation payable has not been settled as between the parties, either of them may refer the question to the Lands Tribunal. 6 Where either of the parties refers a question to the Lands Tribunal as mentioned in subsection (5), the party so referring the question must, within 7 days of the date of referring it, notify Ministers in writing of— a the referral of the question, and b the date of referring the question. 7 The Lands Tribunal must send a copy of its findings on a question referred to it under subsection (5) to Ministers. 8 Failure to comply with subsection (6) or (7) has no effect on— a the Part 3A community body's right to buy the land, or b the validity of the referral of the question under subsection (5). 9 The duty in subsection (6) does not apply where the party referring the question mentioned in that subsection is Ministers. Grants towards Part 3A community bodies' liabilities to pay compensation 97U 1 Ministers may, in the circumstances set out in subsection (2), pay a grant to a Part 3A community body. 2 Those circumstances are— a that after settlement of its other liabilities connected with the exercise of its right to buy land under this Part, the Part 3A community body has insufficient money to pay, or to pay in full, the amount of compensation it has to pay under section 97T, b that the Part 3A community body has taken all reasonable steps to obtain money in order to pay, or to pay in full, that amount (other than applying for a grant under this section) but has been unable to obtain the money, and c that it is in the public interest that Ministers pay the grant. 3 The fact that all the circumstances set out in subsection (2) are applicable in a particular case does not prevent Ministers from refusing to pay a grant in that case. 4 A grant under this section may be made subject to conditions which may stipulate repayment in the event of breach. 5 Ministers may pay a grant under this section only on the application of a Part 3A community body. 6 An application for such a grant must be made in such form and in accordance with such procedure as may be prescribed. 7 Ministers must issue their decision on an application under this section in writing accompanied by, in the case of a refusal, a statement of the reasons for it. 8 Ministers' decision on an application under this section is final. Appeals 97V 1 An owner of land may appeal to the sheriff against a decision by Ministers to give consent to the exercise by a Part 3A community body of its right to buy the land. 2 A Part 3A community body may appeal to the sheriff against a decision by Ministers not to give consent to the exercise by the Part 3A community body of its right to buy. 3 Subsection (2) does not extend to Ministers' decision under section 97K on which of two or more applications to buy the same land is to proceed. 4 A person who is a member of a community as defined for the purposes of section 97D in relation to a Part 3A community body may appeal to the sheriff against a decision by Ministers to consent to the exercise by the Part 3A community body of its right to buy land. 5 A creditor in a standard security with a right to sell land may appeal to the sheriff against a decision by Ministers to give consent to the exercise by a Part 3A community body of its right to buy the land. 6 An appeal under subsection (1), (2), (4) or (5) must be lodged within 28 days of the date on which Ministers decided to consent to the exercise of the right to buy land or refuse such consent. 7 The sheriff in whose sheriffdom the land or any part of it is situated has jurisdiction to hear an appeal under this section. 8 Where an appeal is made— a under subsection (1) the owner must intimate that fact to— i the Part 3A community body, ii Ministers, and iii any creditor in a standard security with a right to sell the land to which the appeal relates, b under subsection (2) the Part 3A community body must intimate that fact to— i the owner, ii Ministers, and iii any creditor in a standard security with a right to sell the land to which the appeal relates, c under subsection (4) the member of the community must intimate that fact to— i the Part 3A community body, ii the owner, iii Ministers, and iv any creditor in a standard security with a right to sell the land to which the appeal relates, or d under subsection (5), the creditor must intimate that fact to— i the Part 3A community body, ii the owner, and iii Ministers. 9 The decision of the sheriff in an appeal under this section— a may require rectification of the Register of Community Interests in Abandoned, Neglected or Detrimental Land, b may impose conditions upon the appellant, c is final. Appeals to Lands Tribunal: valuation 97W 1 The owner of the land and the Part 3A community body which is exercising its right to buy the land may appeal to the Lands Tribunal against the valuation carried out under section 97S. 2 An appeal under this section must state the grounds on which it is being made and must be lodged within 21 days of the date of notification under section 97S(12). 3 In an appeal under this section, the Lands Tribunal may reassess the value of the land. 4 The valuer whose valuation is appealed against may be a witness in the appeal proceedings. 5 The Lands Tribunal must give reasons for its decision on an appeal under this section and must issue a written statement of these reasons— a within 8 weeks of the hearing of the appeal, or b where subsection (6) applies, by such later date referred to in paragraph (b)(ii) of that subsection. 6 This subsection applies where— a the Lands Tribunal considers that it is not reasonable to issue a written statement mentioned in subsection (5) by the time limit specified in paragraph (a) of that subsection, and b before the expiry of that time limit, the Lands Tribunal has notified the parties to the appeal— i that the Lands Tribunal is unable to issue a written statement by that time limit, and ii of the date by which the Lands Tribunal will issue such a written statement. 7 The validity of anything done under this Part is not affected by any failure of the Lands Tribunal— a to comply with the time limit specified in paragraph (a) of subsection (5), or b to issue a written statement by the date referred to in paragraph (b) of that subsection. 8 Where the owner of the land or the Part 3A community body appeals under this section, the owner or, as the case may be, Part 3A community body must, within 7 days of the date on which the appeal is made, notify Ministers in writing of— a the making of the appeal, and b the date of the making of the appeal. 9 The Lands Tribunal must send a copy of the written statement of reasons issued under subsection (5) to Ministers. 10 Failure to comply with subsection (8) or (9) has no effect on— a the Part 3A community body's right to buy the land, or b the validity of the appeal under this section. 11 Ministers are not competent parties to any appeal under this section by reason only that they appointed the valuer whose valuation is the subject of the appeal. 12 Ministers' powers under the Lands Tribunal Act 1949 to make rules as respects that Tribunal extend to such rules as may be necessary or expedient to give full effect to this section. Reference to Lands Tribunal of questions on applications 97X 1 At any time before Ministers reach a decision on an application which has been made under section 97G— a Ministers, b any person who is a member of the community defined in relation to the applicant Part 3A community body in pursuance of section 97D, c the owner of the land which is the subject of the application, d any person who has any interest in the land giving rise to a right which is legally enforceable by that person, or e any person who is invited, under section 97G(9)(a)(iv), to send views to Ministers on the application, may refer to the Lands Tribunal any question relating to the application. 2 In considering any question referred to it under subsection (1), the Lands Tribunal may have regard to any representations made to it by— a the applicant Part 3A community body, b the owner of the land which is the subject of the application, or c any other person who, in the opinion of the Lands Tribunal, appears to have an interest. 3 The Lands Tribunal— a must advise Ministers of its finding on any question so referred, and b may, by order, provide that Ministers may consent to the application only if they impose, under section 97L, such conditions as the Tribunal may specify. 4 If the Lands Tribunal considers any question referred to it under this section to be irrelevant to Ministers' decision on the application to which it relates, it may decide to give no further consideration to the question and find accordingly. 5 Where a person mentioned in any of paragraphs (b) to (e) of subsection (1) refers a question to the Lands Tribunal as mentioned in that subsection, the person so referring the question must, within 7 days of the date of referring it, notify Ministers of— a the referral of the question, and b the date of referring the question. 6 Failure to comply with subsection (3)(a) or (5) has no effect on— a the validity of the application under section 97G by the Part 3A community body, b the Part 3A community body's right to buy the land, or c the validity of the referral of the question under subsection (1). Agreement as to matters referred or appealed 97Y An appeal under section 97V or 97W does not prevent the parties from settling or otherwise agreeing the matter in respect of which the appeal was made between or among them. Interpretation of Part 3A 97Z 1 Any reference in this Part to a creditor in a standard security with a right to sell land is a reference to a creditor who has such a right under— a section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, or b a warrant granted under section 24(1) of that Act. 2 In calculating for the purposes of this Part any period of time within which an act requires to be or may be done, no account is to be taken of any public or local holidays in the place where the act is to be done. 3 Subsection (2) does not apply to a period of time specified in section 97R(2), 97V(6), or 97W(2). . Mediation Parts 2, 3 and 3A of Land Reform (Scotland) Act 2003: mediation 75 Before section 98 of the 2003 Act, insert— Mediation 97Z1 1 Subsection (2) applies where— a a community body seeks to— i register an interest in land under Part 2, or ii exercise its right to buy land under that Part, b a crofting community body seeks to exercise its right to buy— i land under Part 3, ii the interest of a tenant under section 69A, or iii eligible sporting interests under section 70, or c a Part 3A community body seeks to exercise its right to buy land under Part 3A. 2 Ministers may, on being requested to do so by a person mentioned in paragraph (a), (b), (c), (d), (e), (f) or (as the case may be) (g) of subsection (3), take such steps as they consider appropriate for the purpose of arranging, or facilitating the arrangement of, mediation in relation to the proposed— a registration of the interest in land under Part 2, or b exercise of the right to buy the land, tenant's interest, or (as the case may be) eligible sporting interests. 3 The persons are— a the owner of the land, b any creditor in a standard security over the land or any part of it with a right to sell the land or any part of it, c the community body, d the crofting community body, e the Part 3A community body, f the tenant in relation to whose interest the crofting community body seeks to exercise its right to buy, g the owner of the eligible sporting interests in relation to which the crofting community body seeks to exercise its right to buy. 4 The steps mentioned in subsection (2) include— a appointing a mediator, b making payments to mediators in respect of services provided, c reimbursing reasonable expenses of mediators. 5 In subsection (3)(b), the reference to a creditor in a standard security over the land or any part of it with a right to sell the land or any part of it is a reference to a creditor who has such a right under— a section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, or b a warrant granted under section 24(1) of that Act. . Meaning of “the 2003 Act” Meaning of “the 2003 Act” in Part 4 76 In this Part, “ the 2003 Act ” means the Land Reform (Scotland) Act 2003. PART 5 ASSET TRANSFER REQUESTS Key definitions Meaning of “community transfer body” 77 1 In this Part, “ community transfer body ” means— a a community-controlled body, or b a body mentioned in subsection (2). 2 The body is a body (whether corporate or unincorporated)— a that is designated as a community transfer body by an order made by the Scottish Ministers for the purposes of this Part, or b that falls within a class of bodies designated as community transfer bodies by such an order for the purposes of this Part. 3 Where the power to make an order under subsection (2)(a) is exercised in relation to a trust, the community transfer body is to be the trustees of the trust. Meaning of “relevant authority” 78 1 In this Part, a “ relevant authority ” means— a a person listed, or of a description listed, in schedule 3, or b a person mentioned in subsection (3). 2 The Scottish Ministers may by order modify schedule 3 so as to— a remove an entry listed in it, b amend an entry listed in it. 3 The person is a person— a that is designated as a relevant authority by an order made by the Scottish Ministers for the purposes of this Part, or b that falls within a class of persons designated as relevant authorities by such an order for the purposes of this Part. 4 An order under subsection (3) may designate a person, or a class of persons, only if the person or (as the case may be) each of the persons falling within the class is— a a part of the Scottish Administration, b a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998), or c a publicly-owned company. 5 In subsection (4)(c), “ publicly-owned company ” means a company that is wholly owned by one or more relevant authorities. 6 For that purpose, a company is wholly owned by one or more relevant authorities if it has no members other than— a the relevant authority or (as the case may be) authorities, b other companies that are wholly owned by the relevant authority or (as the case may be) authorities, or c persons acting on behalf of— i the relevant authority or (as the case may be) authorities, or ii such other companies. 7 In this section, “ company ” includes any body corporate. Requests Asset transfer requests 79 1 A community transfer body may make a request in accordance with this section (in this Part, an “asset transfer request”) to a relevant authority. 2 An asset transfer request is a request— a in relation to land owned by the relevant authority, for ownership of the land to be transferred to the community transfer body, or b in relation to land owned or leased by the relevant authority— i for the land to be leased to the community transfer body, or ii for the authority to confer rights in respect of the land on the community transfer body (including, for example, rights to manage or occupy the land or use it for a purpose specified in the request). 3 An asset transfer request of the type mentioned in subsection (2)(a) may be made only by a community transfer body falling within section 80; and references in the remainder of this Part to the making of an asset transfer request by a community transfer body are to be read accordingly. 4 A community transfer body making an asset transfer request must specify in the request— a the land to which the request relates, b whether the request falls within paragraph (a), (b)(i) or (b)(ii) of subsection (2), c the reasons for making the request, d the benefits which the community transfer body considers will arise if the authority were to agree to the request, e where the request falls within subsection (2)(a), the price that the community transfer body would be prepared to pay for the transfer of ownership of the land, f where the request falls within subsection (2)(b)(i)— i the amount of rent that the community transfer body would be prepared to pay in respect of any lease resulting from the request, ii the duration of any such lease, and iii any other terms and conditions that the community transfer body considers should be included in any such lease, g where the request falls within subsection (2)(b)(ii), the nature and extent of the rights sought, and h any other terms or conditions applicable to the request. Community transfer bodies that may request transfer of ownership of land 80 1 A community transfer body falls within this section if— a it is a company the articles of association of which include provision such as is mentioned in subsection (2), b it is a Scottish charitable incorporated organisation the constitution of which includes provision that the organisation must have not fewer than 20 members, c it is a community benefit society the registered rules of which include provision that the society must have not fewer than 20 members, d in the case of a body designated by an order under paragraph (a) of subsection (2) of section 77, the order includes provision that the body may make an asset transfer request of the type mentioned in section 79(2)(a), or e in the case of a body falling within a class of bodies designated in an order made under paragraph (b) of that subsection, the order includes provision that bodies falling within the class may make an asset transfer request of that type. 2 The provision mentioned in subsection (1)(a) is provision that— a the company must have not fewer than 20 members, and b on the winding up of the company and after satisfaction of its liabilities, its property (including any land, and any rights in relation to land, acquired by it as a result of an asset transfer request under this Part) passes— i to another community transfer body, ii to a charity, iii to such community body (within the meaning of section 34 of the Land Reform (Scotland) Act 2003) as may be approved by the Scottish Ministers, iv to such crofting community body (within the meaning of section 71 of that Act) as may be so approved, or v if no such community body or crofting community body is so approved, to the Scottish Ministers or to such charity as the Scottish Ministers may direct. Asset transfer requests: regulations 81 1 The Scottish Ministers may by regulations make further provision about asset transfer requests. 2 Regulations under subsection (1) may in particular make provision for or in connection with— a specifying the manner in which requests are to be made, b specifying the procedure to be followed by a relevant authority in relation to requests, c specifying the information to be included in requests (in addition to that required under section 79(4)), d requiring publication, by such method as may be prescribed in the regulations, of the fact that a request is being made, e requiring notification of the making of a request to be given to such persons or descriptions of persons, and in such circumstances, as may be prescribed in the regulations. 3 The Scottish Ministers may make regulations for or in connection with— a enabling a community transfer body to request information from a relevant authority about land in respect of which it proposes to make an asset transfer request, b specifying how the authority is to respond to the request for information, c specifying the circumstances in which the authority must provide information, d specifying the type of information the authority must provide in circumstances specified under paragraph (c), e specifying the circumstances in which the authority need not provide information. Decisions Asset transfer requests: decisions 82 1 This section applies where an asset transfer request is made by a community transfer body to a relevant authority. 2 The authority must decide whether to agree to or refuse the request. 3 In reaching its decision, the authority must take into consideration the following matters— a the reasons for the request, b any other information provided in support of the request (whether such other information is contained in the request or otherwise provided), c whether agreeing to the request would be likely to promote or improve— i economic development, ii regeneration, iii public health, iv social wellbeing, or v environmental wellbeing, d whether agreeing to the request would be likely to reduce inequalities of outcome which result from socio-economic disadvantage, e any other benefits that might arise if the request were agreed to, f any benefits that might arise if the authority were to agree to or otherwise adopt an alternative proposal in respect of the land to which the request relates, g how such benefits would compare to any benefits such as are mentioned in paragraphs (c) and (e), h how any benefits such as are mentioned in paragraph (f) relate to other matters the authority considers relevant (including, in particular, the functions and purposes of the authority), i any obligations imposed on the authority, by or under any enactment or otherwise, that may prevent, restrict or otherwise affect its ability to agree to the request, and j such other matters (whether or not included in or arising out of the request) as the authority considers relevant. 4 The authority must exercise the function under subsection (2) in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements. 5 The authority must agree to the request unless there are reasonable grounds for refusing it. 6 In subsection (3)(f), an “ alternative proposal ” includes— a another asset transfer request, b a proposal made by the authority or any other person. 7 The authority must, within the period mentioned in subsection (8), give notice (in this Part, a “decision notice”) to the community transfer body of— a its decision to agree to or refuse the request, and b the reasons for its decision. 8 The period is— a a period prescribed in regulations made by the Scottish Ministers, or b such longer period as may be agreed between the authority and the community transfer body. 9 The Scottish Ministers may by regulations make provision about— a the information (in addition to that required under this Part) that a decision notice is to contain, and b the manner in which a decision notice is to be given. Agreement to asset transfer request 83 1 This section applies where a relevant authority decides to agree to an asset transfer request made by a community transfer body. 2 The decision notice relating to the request must— a specify the terms on which, and any conditions subject to which, the authority would be prepared to transfer ownership of the land, lease the land or (as the case may be) confer rights in respect of the land to which the request relates (whether or not such terms and conditions were specified in the request), b state that, if the community transfer body wishes to proceed, it must submit to the authority an offer to acquire ownership of the land, lease the land or (as the case may be) assume rights in respect of the land, and c specify the period within which such an offer is to be submitted. 3 The period specified under subsection (2)(c) must be a period of at least 6 months beginning with the date on which the decision notice is given. 4 An offer such as is mentioned in subsection (2)(b)— a must reflect any terms and conditions specified in the decision notice, b may include such other reasonable terms and conditions as are necessary or expedient to secure— i the transfer of ownership, the lease or (as the case may be) the conferral of rights, and ii that such a transfer, lease or (as the case may be) conferral of rights takes place within a reasonable time, c must be made before the end of the period specified in the decision notice under subsection (2)(c). 5 Subsection (6) applies where no contract is concluded on the basis of such an offer before the end of the period mentioned in subsection (7). 6 The community transfer body may appeal to the Scottish Ministers under section 90 (except in a case where the relevant authority is the Scottish Ministers). 7 The period is— a the period of 6 months beginning with the date of the offer, or b such longer period— i as may be agreed between the authority and the community transfer body, or ii in the absence of any such agreement, as may be specified in a direction by the Scottish Ministers. 8 A direction under subsection (7)(b)(ii) may be made only on the application of the community transfer body. 9 An application under subsection (8) may be made on more than one occasion. 10 The Scottish Ministers may by regulations make provision about— a the form of, and procedure for making, an application such as is mentioned in subsection (8), b the manner in which a direction under subsection (7)(b)(ii) is to be given, c the information that such a direction is to contain. Prohibition on disposal of land Prohibition on disposal of land 84 1 Subsection (2) applies where an asset transfer request is made by a community transfer body to a relevant authority. 2 During the relevant period, the authority must not sell, lease or otherwise dispose of the land to which the request relates to any person other than the community transfer body. 3 In subsection (2), the “relevant period” is the period beginning on the day on which the asset transfer request is made and ending on the day on which the request is disposed of. 4 For the purposes of subsection (3), a request is disposed of— a if the request is refused by the relevant authority and no appeal under section 85 or 88, or application for review under section 86 or 87, is made by the community transfer body within the time limit applicable to the making of such an appeal or review, b if the request is refused after— i an appeal under section 85 or 88 is determined, or ii a review under section 87 is carried out, c if— i the request is agreed to, ii no offer as mentioned in section 83(2) is made within the time limit applicable to the making of such an offer, iii no appeal under section 85 is made within the time limit applicable to the making of such an appeal, and iv no application for a review under section 86 or 87 is made within the time limit applicable to the making of such an application, d if— i the request is agreed to after an appeal under section 85 or 88 is determined, and ii no offer as mentioned in section 85(8) is made within the time limit applicable to the making of such an offer, e if— i the request is agreed to after a review under section 86 is carried out, ii no offer as mentioned in section 83(2) is made within the time limit applicable to the making of such an offer, and iii no appeal under section 88 is made within the time limit applicable to the making of such an appeal, f if— i the request is agreed to after a review under section 87 is carried out, and ii no offer as mentioned in section 83(2) is made within the time limit applicable to the making of such an offer, or g if— i the request is agreed to (including after an appeal under section 85 or 88 is determined, or a review under section 86 or 87 is carried out), ii an offer as mentioned in section 83(2) or 85(8) is made within the time limit applicable to the making of such an offer, and iii subsection (5), (6), (7) or (8) applies. 5 This subsection applies where, before the expiry of the period mentioned in paragraph (a) or (where applicable) paragraph (b) of subsection (7) of section 83, a contract is concluded on the basis of an offer as mentioned in subsection (2) of that section or in section 85(8). 6 This subsection applies where— a the period mentioned in paragraph (a) or (where applicable) paragraph (b) of subsection (7) of section 83 expires, b no contract is concluded on the basis of an offer as mentioned in subsection (2) of that section or in section 85(8), and c an appeal under section 83(6)— i is not made within the time limit applicable to the making of such an appeal, or ii is timeously made but dismissed. 7 This subsection applies where— a the relevant authority to whom the request is made is the Scottish Ministers, b the period mentioned in paragraph (a) or (where applicable) paragraph (b) of subsection (7) of section 83 expires, and c no contract is concluded on the basis of an offer as mentioned in subsection (2) of that section or in section 85(8). 8 This subsection applies where— a the period mentioned in paragraph (a) or (where applicable) paragraph (b) of subsection (7) of section 83 expires, b no contract is concluded on the basis of an offer as mentioned in subsection (2) of that section or in section 85(8), c an appeal under section 83(6) is allowed, and d a condition mentioned in any of paragraphs (a) to (f) of subsection (9) is satisfied. 9 The conditions are— a no offer as mentioned in subsection (4) of section 90 is submitted within the period specified in the appeal decision notice under subsection (3) of that section relating to the appeal, b such an offer is submitted within that period and a contract is concluded on the basis of the offer— i before the expiry of the period of 28 days beginning on the day on which the offer is submitted, or ii within such period as is specified in a direction under subsection (5) of that section (including such period as extended under subsection (6) of that section), c no application under subsection (5) of that section is made within the time limit applicable to the making of such applications, d such an application is refused, e following the giving of a direction under subsection (5) of section 90 in relation to an offer as mentioned in subsection (4) of that section— i the offer is withdrawn, or ii the community transfer body and the relevant authority conclude a contract on terms and conditions different from those in the offer, f the relevant authority is deemed, under subsection (7) of that section, to have accepted such an offer and have concluded a contract with the community transfer body. 10 A reference in this section to— a subsection (2), (6) or (7) of section 83 includes a reference to those subsections as applied— i by sections 85(10), 86(9) and 87(9), and ii by virtue of section 89(2), b section 85 includes a reference to that section as applied by section 88(3), c section 86 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89. 11 Where, by virtue of subsection (2), a relevant authority is prevented from selling, leasing or otherwise disposing of any land, any contract by virtue of which the authority is obliged to sell, lease or otherwise dispose of the land to a person other than the community transfer body referred to in that subsection is void. 12 Subsection (2) does not apply where, before the date on which the asset transfer request referred to in that subsection is made, the relevant authority or a person acting on behalf of the authority— a has, in relation to the land to which the request relates, advertised or otherwise exposed the land for sale or lease, b has, in relation to the land, entered into negotiations with another person with a view to transferring or leasing the land, or c proceeds further with a proposed transfer or lease of the land which was initiated before the date on which the asset transfer request is made. 13 The Scottish Ministers may direct that subsection (2) does not apply to such land to which an asset transfer request relates as may be specified in the direction. Appeals and reviews Appeals 85 1 Subsection (2) applies where— a an asset transfer request is refused by a relevant authority, b an asset transfer request is agreed to by a relevant authority but the decision notice relating to the request specifies material terms or conditions which differ to a significant extent from those specified in the request, or c a relevant authority does not give a decision notice relating to an asset transfer request to the community transfer body making the request within the period mentioned in paragraph (a) or (where applicable) paragraph (b) of section 82(8). 2 The community transfer body making the request may appeal to the Scottish Ministers unless the relevant authority is— a the Scottish Ministers, b a local authority, or c a person, or a person that falls within a class of persons, specified in an order made by the Scottish Ministers for the purposes of this section. 3 The Scottish Ministers may by regulations prescribe— a the procedure to be followed in connection with appeals under subsection (2), b the manner in which such appeals are to be conducted, and c the time limits within which such appeals must be brought. 4 The provision that may be made by virtue of subsection (3) includes provision that the manner in which an appeal, or any stage of an appeal, is to be conducted is to be at the discretion of the Scottish Ministers. 5 On an appeal under subsection (2), the Scottish Ministers— a may allow or dismiss the appeal, b may reverse or vary any part of the decision of the relevant authority (whether the appeal relates to that part of it or not), c must, in the circumstances mentioned in either paragraph (a) or (b) of subsection (6), issue a direction to the authority requiring the authority to take such steps, or achieve such outcomes, as are specified in the direction within such time periods as are so specified, d may, in any other circumstances, issue such a direction, including a direction relating to any aspects of the asset transfer request to which the appeal relates (whether or not the authority's decision relates to those aspects). 6 The circumstances are— a that the appeal is allowed, b that any part of the decision of the relevant authority is reversed or varied to the effect that the authority is required to— i transfer ownership of any land, lease any land or confer rights in respect of any land, or ii agree to the asset transfer request subject to such terms and conditions as may be specified in the direction. 7 The references in subsections (5)(b) and (6)(b) to any part of the decision includes any terms and conditions specified in the decision notice relating to the asset transfer request. 8 A direction issued under subsection (5)(c) must require the relevant authority to issue a further decision notice— a specifying the terms on which, and any conditions subject to which, the authority would be prepared to transfer ownership of the land, lease the land or (as the case may be) confer rights in respect of the land, including any terms and conditions required to be included by virtue of the direction, b stating that, if the community transfer body wishes to proceed, it must submit to the authority an offer to acquire ownership of the land, lease the land or (as the case may be) assume rights in respect of the land, and c specifying the period within which such an offer is to be submitted (which must be at least 6 months beginning with the date on which the further decision notice was issued). 9 A further decision notice issued by virtue of a direction mentioned in subsection (8) replaces any decision notice relating to the asset transfer request in respect of which the appeal was made. 10 Subsections (4) to (10) of section 83 apply in relation to a further decision notice issued by virtue of a direction mentioned in subsection (8) as they apply in relation to a decision notice referred to in that section; but as if in subsection (4) of that section— a the reference to an offer such as is mentioned in subsection (2)(b) of that section were a reference to an offer such as is mentioned in subsection (8)(b) of this section, and b the reference to the period specified in the decision notice under subsection (2)(c) of that section were a reference to the period specified in a further decision notice by virtue of subsection (8)(c) of this section. Review by local authority 86 1 Subsection (2) applies in a case where— a an asset transfer request is made to a local authority by a community transfer body, and b the authority— i refuses the request, ii agrees to the request but the decision notice relating to the request specifies material terms or conditions which differ to a significant extent from those specified in the request, or iii does not give a decision notice relating to the request to the community transfer body within the period mentioned in paragraph (a) or (where applicable) paragraph (b) of section 82(8). 2 On an application made by the community transfer body, the local authority must carry out a review of the case. 3 The Scottish Ministers may by regulations prescribe— a the procedure to be followed in connection with reviews under subsection (2), b the manner in which such reviews are to be carried out, and c the time limits within which applications for reviews must be brought. 4 The provision that may be made by virtue of subsection (3) includes provision that the manner in which a review, or any stage of a review, is to be carried out by a local authority is to be at the discretion of the authority. 5 A local authority may, in relation to a decision reviewed under subsection (2)— a confirm its decision, b modify its decision, or any part of its decision (including any terms and conditions specified in the decision notice to which the asset transfer request relates), or c substitute a different decision for its decision. 6 Following a review under subsection (2), the local authority must— a issue a decision notice as respects the asset transfer request to which the review relates, and b provide in the decision notice the reasons for its decision. 7 A decision notice issued under subsection (6)–– a replaces any decision notice relating to the asset transfer request in respect of which the review was carried out, and b must be issued within— i a period prescribed in regulations made by the Scottish Ministers, or ii such longer period as may be agreed between the local authority and the community transfer body that made the asset transfer request. 8 Subsections (3) to (5) of section 82 apply in relation to a decision relating to an asset transfer request in a review under subsection (2) of this section as they apply in relation to a decision relating to the request under subsection (2) of that section. 9 Section 83 applies in relation to a decision to agree to an asset transfer request (including a decision to confirm such an agreement) following a review under subsection (2) as it applies in relation to a decision mentioned in subsection (1) of that section. 10 In section 56 of the Local Government (Scotland) Act 1973 (arrangements for the discharge of functions by local authorities), after subsection (6A) insert— 6B The duty to carry out a review of a case imposed on an authority under section 86(2) of the Community Empowerment (Scotland) Act 2015 (reviews by local authorities of asset transfer requests) must be discharged only by the authority or a committee or sub-committee of the authority; and accordingly no such committee or sub-committee may arrange for the discharge under subsection (2) of the duty by an officer of the authority. 6C In subsection (6B), the reference to section 86(2) of the Community Empowerment (Scotland) Act 2015 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89 of that Act. . Review of decisions by the Scottish Ministers 87 1 Subsection (2) applies in a case where— a an asset transfer request is made to the Scottish Ministers by a community transfer body, and b the Scottish Ministers— i refuse the request, ii agree to the request but the decision notice relating to the request specifies material terms or conditions which differ to a significant extent from those specified in the request, or iii do not give a decision notice relating to the request to the community transfer body within the period mentioned in paragraph (a) or (where applicable) paragraph (b) of section 82(8). 2 On an application made by the community transfer body, the Scottish Ministers must carry out a review of the case. 3 The Scottish Ministers may by regulations make provision about reviews carried out under subsection (2) including, in particular, provision in relation to— a the procedure to be followed in connection with reviews, b the appointment of such persons, or persons of such description, as may be specified in the regulations for purposes connected with the carrying out of reviews, c the functions of persons mentioned in paragraph (b) in relation to reviews (including a function of reporting to the Scottish Ministers), d the manner in which reviews are to be conducted, and e the time limits within which applications for reviews must be brought. 4 The provision that may be made by virtue of subsection (3) includes provision that— a the manner in which a person appointed by virtue of paragraph (b) of that subsection carries out the person's functions in relation to a review, or any stage of a review, is to be at the discretion of the person, b the manner in which a review, or any stage of a review, is to be carried out by the Scottish Ministers is to be at the discretion of the Scottish Ministers. 5 Having regard to any report they receive by virtue of subsection (3)(c), the Scottish Ministers may, in relation to a decision reviewed under subsection (2)— a confirm the decision, b modify the decision, or any part of the decision (including any terms and conditions specified in the decision notice to which the asset transfer request relates), or c substitute a different decision for the decision. 6 Following a review under subsection (2), the Scottish Ministers must— a issue a decision notice as respects the asset transfer request to which the review relates, and b provide in the decision notice the reasons for their decision. 7 A decision notice issued under subsection (6) replaces any decision notice relating to the asset transfer request in respect of which the review was carried out. 8 Subsections (3) to (5) of section 82 apply in relation to a decision relating to an asset transfer request in a review under subsection (2) of this section as they apply in relation to a decision relating to the request under subsection (2) of that section. 9 Section 83 applies in relation to a decision to agree to an asset transfer request (including a decision to confirm such an agreement) following a review under subsection (2) as it applies in relation to a decision mentioned in subsection (1) of that section. Appeals from reviews under section 86 88 1 Subsection (2) applies in a case where, following a review carried out under section 86(2), a local authority— a refuses the asset transfer request to which the review relates, b agrees to the request but the decision notice issued under section 86(6) specifies material terms or conditions which differ to a significant extent from those specified in the request, or c does not issue the decision notice within the prescribed period mentioned in sub-paragraph (i) or (where applicable) (ii) of paragraph (b) of subsection (7) of section 86. 2 The community transfer body making the asset transfer request may appeal to the Scottish Ministers. 3 Subsections (3) to (10) of section 85 apply to an appeal under subsection (2) of this section as they apply to an appeal under subsection (2) of that section, subject to the modification that any references to the relevant authority in the subsections so applied are to be read as references to the local authority mentioned in subsection (1) of this section. 4 In subsection (1), references to section 86 include references to the provisions of that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89. Decisions by relevant authority specified under section 85(2)(c): reviews 89 1 Subsection (2) applies in a case where— a an asset transfer request is made to a relevant authority specified in an order under section 85(2)(c), and b the relevant authority— i refuses the request, ii agrees to the request but the decision notice relating to the request specifies material terms or conditions which differ to a significant extent from those specified in the request, or iii does not give a decision notice relating to the request to the community transfer body within the period mentioned in paragraph (a) or (where applicable) paragraph (b) of section 82(8). 2 Subsections (2) to (9) of section 86 apply to the case mentioned in subsection (1) (and, for the purposes of that application, references in that section to any of those subsections are to be read as references to those subsections as so applied and modified in such application by virtue of subsection (4)). 3 Subsection (2) is subject to subsection (4). 4 The Scottish Ministers may by order— a make provision for subsections (2) to (9) of section 86 to apply as mentioned in subsection (2) subject to such modifications (if any) as they think appropriate, b specify, in relation to an application for a review under section 86(2) applied as mentioned in subsection (2)— i the local authority to which the application is to be made, ii factors determining the local authority to which the application is to be made. No concluded contract: appeals 90 1 Subsections (2) to (11) apply where— a no contract is concluded as mentioned in subsection (5) of section 83 between a relevant authority and a community transfer body, and b the community transfer body appeals under subsection (6) of that section. 2 The Scottish Ministers may allow or dismiss the appeal. 3 If the Scottish Ministers allow the appeal, they must issue a notice (an “appeal decision notice”) that specifies— a sufficient and precise details of the terms and conditions of an offer which may be made by the community transfer body to the relevant authority in relation to the asset transfer request made by the body, and b the period within which any such offer is to be submitted. 4 Subsection (5) applies where— a the community transfer body submits an offer to the relevant authority containing all and only those terms and conditions the details of which are specified in the appeal decision notice, b the offer is submitted within the period so specified, c no contract is concluded on the basis of the offer before the end of the period of 28 days beginning with the day on which the offer is submitted, and d the offer is not withdrawn before the expiry of that 28 day period. 5 The Scottish Ministers may, on an application made by the community transfer body, give the relevant authority a direction requiring the authority to conclude a contract with the community transfer body on the terms and conditions the details of which are specified in the appeal decision notice within such period as may be specified in the direction. 6 The Scottish Ministers may, on more than one occasion, extend the period mentioned in subsection (5) (including that period as extended by a direction given under this subsection) by giving a further direction to the relevant authority. 7 Where a direction under subsection (5) is given to a relevant authority, and the authority does not within the period specified in the direction (or that period as extended under subsection (6)) conclude the contract as mentioned in subsection (5), the authority is deemed to have accepted the offer and accordingly to have concluded a contract with the community transfer body. 8 Subsection (7) does not apply where— a the community transfer body and the relevant authority have entered into a contract on terms and conditions different from those the details of which are specified in the appeal decision notice, or b the offer is withdrawn before the end of the period specified in the direction (or that period as extended by a direction under subsection (6)). 9 The asset transfer request in relation to which an appeal mentioned in subsection (1) is made is to be treated, for the purposes of this Part (other than section 93), as if it had not been made if the appeal is allowed but— a the community transfer body does not submit an offer as mentioned in subsection (4)(a), b the community transfer body does not submit such an offer within the period specified in the appeal decision notice, c the community transfer body has not, before the expiry of any time limit for making applications under subsection (5) by virtue of regulations under subsection (14), applied for a direction under subsection (5), or d any application for such a direction is refused. 10 Where the appeal is dismissed by the Scottish Ministers, the decision to agree to the asset transfer request in relation to which the appeal is made is of no effect (but that is not to be taken to mean that the asset transfer request is to be treated as having been refused for the purposes of any appeal or review under this Part). 11 In subsection (1), references to any subsections of section 83 include references to those subsections as applied— a by sections 85(10), 86(9) and 87(9), and b by virtue of section 88(3). 12 The Scottish Ministers may by regulations make provision about appeals under section 83(6) including, in particular, provision in relation to— a the procedure to be followed in connection with appeals, b the appointment of such persons, or persons of such description, as may be specified in the regulations for purposes connected with appeals, c the functions of persons mentioned in paragraph (b) in relation to appeals (including a function of reporting to the Scottish Ministers), d the manner in which appeals are to be conducted, and e the time limits within which appeals must be brought. 13 The provision that may be made by virtue of subsection (12) includes provision that— a the manner in which a person appointed by virtue of paragraph (b) of that subsection carries out the person's functions in relation to an appeal, or any stage of an appeal, is to be at the discretion of the person, b the manner in which an appeal, or any stage of an appeal, is to be carried out by the Scottish Ministers is to be at the discretion of the Scottish Ministers. 14 The Scottish Ministers may by regulations make provision about applications under subsection (5) including, in particular, provision in relation to— a the form of, and procedure for making, such applications, b the time limits within which such applications must be brought. Effect of offers on appeals and reviews 91 1 Subsection (2) applies where— a a community transfer body makes an asset transfer request to a relevant authority, b the relevant authority agrees to the request as mentioned in section 85(1)(b), 86(1)(b)(ii), 87(1)(b)(ii) or 88(1)(b), c the community transfer body makes an offer as mentioned in section 83(2), and d the offer has not been withdrawn. 2 The community transfer body may not— a make an appeal under section 85 or 88, or b apply for a review under section 86 or 87. 3 Where an offer as mentioned in section 83(2) is made by a community transfer body after the body has made an appeal, or applied for a review, as mentioned in subsection (2), the appeal or (as the case may be) application for review is to be treated as having been withdrawn by the body. 4 A reference in this section to— a section 83(2) includes a reference to that section as applied— i by section 86(9) and 87(9), and ii by virtue of section 89(2), b section 85 includes a reference to that section as applied by section 88(3), c section 86 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89. Disapplication of certain lease restrictions Disapplication of restrictions in lease of land to relevant authority 92 1 This section applies where— a land is leased to a relevant authority, b an asset transfer request is made to the authority by a community transfer body for the authority to— i lease the land to the body, or ii confer a right of occupancy on the body in respect of the land, c the land is leased to the relevant authority by another relevant authority or by a company that is wholly owned by another relevant authority, and d no other person is entitled to occupy the land to which the request relates (whether by virtue of a sublease by the authority or otherwise). 2 Any restrictions in the lease of the land to which the request relates such as are mentioned in subsection (3) do not apply as between the relevant authority and the person from whom the authority leases the land. 3 The restrictions are any restrictions— a on the power of the relevant authority to sublet the land, b on the power of the authority to share occupancy of the land, c relating to how the land may be used by the authority or any other occupier of the land. 4 Nothing in this section affects any restrictions in the lease of the land to the relevant authority on the power of the authority to assign or transfer rights and liabilities under the lease. 5 If the relevant authority leases the land to, or confers a right of occupancy in respect of the land on, a community transfer body, the authority continues to be subject to any obligations under the lease of the land to the authority. Power to decline subsequent requests Power to decline certain asset transfer requests 93 1 Subsection (2) applies where— a an asset transfer request (a “new request”) relating to land is made to a relevant authority, b the new request relates to matters that are the same, or substantially the same, as matters contained in a previous asset transfer request (a “previous request”) made in relation to the land, c the previous request was made in the period of two years ending with the date on which the new request is made, and d the authority refused the previous request (whether following an appeal or not). 2 The relevant authority may decline to consider the new request. 3 Where a new request is declined to be considered under subsection (2), that is not to be treated as a refusal of the new request for the purposes of— a an appeal under section 85 (including the provisions of that section as applied by section 88(3)), or b a review under section 86 (including the provisions of that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89) or section 87. 4 For the purposes of subsection (1)(b), a new request relates to matters that are the same, or substantially the same, as matters contained in a previous request only if both requests, in relation to the land to which they relate, seek (or sought)— a transfer of ownership of the land, b lease of the land, or c the same or substantially the same rights in respect of the land. 5 For the purposes of this section, it is irrelevant whether the body making a new request is the same body as, or a different body from, that which made the previous request. Registers of relevant authorities' land Duty to publish register of land 94 1 Each relevant authority must establish and maintain a register of land mentioned in subsection (2). 2 The land is land which, to the best of the authority's knowledge and belief, is owned or leased by the authority. 3 Every relevant authority must— a make arrangements to enable members of the public to inspect, free of charge, its register of land at reasonable times and at such places as the authority may determine, and b make its register of land available on a website, or by other electronic means, to members of the public. 4 The Scottish Ministers may by regulations specify land, or descriptions of land, that a relevant authority need not include in its register of land. 5 Relevant authorities must have regard to any guidance issued by the Scottish Ministers in relation to the duties imposed on the authorities under this section. 6 Before issuing such guidance, the Scottish Ministers must consult the relevant authorities. 7 The omission of any land owned or leased by a relevant authority from the authority's register of land does not prevent an asset transfer request being made in respect of the land. Annual reports Annual reports 95 1 A relevant authority must publish an asset transfer report for each reporting year. 2 An asset transfer report is a report setting out, in respect of the reporting year— a the number of asset transfer requests the relevant authority received, b the number of such requests which the relevant authority— i agreed to, and ii refused, c the number of such requests made to the relevant authority which resulted in— i a transfer of ownership of land to a community transfer body, ii a lease of land to such a body, iii rights in respect of land being conferred on such a body, d the number of appeals under section 85 relating to such requests made to the relevant authority that have— i been allowed, ii been dismissed, iii resulted in any part of the decision of the authority being varied or reversed, e in relation to a decision of the relevant authority reviewed under section 86 or 87, the number of such decisions that have been— i confirmed, ii modified, iii substituted by a different decision, and f any action taken by the relevant authority during the reporting year— i to promote the use of asset transfer requests, ii to support a community transfer body in the making of an asset transfer request. 3 An asset transfer report is to be published under subsection (1) no later than 30 June following the end of the reporting year to which it relates. 4 In this section, “ reporting year ” means a period of one year beginning on 1 April. 5 A reference in this section to— a section 85 includes a reference to that section as applied by section 88(3), b section 86 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89. Guidance Guidance 96 1 A relevant authority must have regard to any guidance issued by the Scottish Ministers about the carrying out of functions by the authority under this Part. 2 Before issuing such guidance, the Scottish Ministers must consult such persons as they think fit. Interpretation of Part 5 Interpretation of Part 5 97 1 In this Part— “ asset transfer request ” has the meaning given by section 79(2), “ charity ” means a body entered in the Scottish Charity Register, “ community benefit society ” means a registered society (within the meaning of section 1 of the Co-operative and Community Benefit Societies Act 2014) registered as a community benefit society under section 2 of that Act; and “ registered rules ” has the meaning given by section 149 of that Act (as that meaning applies in relation to community benefit societies), “ community-controlled body ” has the meaning given by section 19, “ community transfer body ” has the meaning given by section 77(1), “ decision notice ” is to be construed in accordance with section 82(7), “ equal opportunities ” and “ equal opportunity requirements ” have the same meanings as in Section L2 (equal opportunities) of Part 2 of Schedule 5 to the Scotland Act 1998, “ relevant authority ” has the meaning given by section 78, “ Scottish charitable incorporated organisation ” has the meaning given by section 49 of the Charities and Trustee Investment (Scotland) Act 2005. 2 References in this Part to land include references to part of the land. PART 6 DELEGATION OF FORESTRY COMMISSIONERS' FUNCTIONS Meaning of “community body” in Forestry Act 1967 98 1 Section 7C of the Forestry Act 1967 (delegation of functions under section 7B: community bodies) is amended as follows. 2 In subsection (1)— a for the words from “company”, where it first occurs, to “include” substitute “ body corporate having a written constitution that includes ” , b for the word “company”, wherever it appears in paragraphs (a) to (e), substitute “ body ” , c after paragraph (d) insert— da provision that membership of the body is open to any member of the community, db a statement of the body's aims and purposes, including the promotion of a benefit for the community, , and d in paragraph (e), for “and the auditing of its accounts” substitute , and f provision that any surplus funds or assets of the body are to be applied for the benefit of the community. . 3 In subsection (2), for “(d)” substitute “ (db) ” . 4 Subsections (4) to (6) are repealed. PART 7 FOOTBALL CLUBS Facilitation of supporter involvement in football clubs 99 1 The Scottish Ministers may by regulations make provision— a to facilitate the involvement of the supporters of a football club in decisions affecting the management, operation or governance of the club (see section 100), b to facilitate supporter ownership of football clubs (for example by conferring a right to buy, see section 101). 2 Regulations under this section may provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property (or an interest in property) of any description. 3 Before making regulations under this section, the Scottish Ministers must consult— a such body or bodies as appear to them to be representative of the interests of football clubs, the leagues in which they play, their players and supporters, and b such other persons as they consider appropriate. Supporter involvement in decision-making 100 Regulations made under section 99(1)(a) may, in particular, make provision for or in connection with— a the types of football club in relation to which the regulations are to apply, b the steps that a person must take in order to be considered a supporter of a particular football club for the purposes of the regulations, c the provision of information to supporters about the football club, including details about— i how the club makes decisions affecting its management, operation or governance, and ii how, and by whom, the club and any property connected with it is owned or held, d the manner in which the supporters of a football club or a body or association representing the interests of such supporters are to be involved in decisions affecting the management, operation or governance of the club, e the kinds of decisions affecting the management, operation or governance of a football club in respect of which the supporters of the club are to be involved, f the consequences for a football club, or a person responsible for its management, operation or governance, of taking a decision affecting the management, operation or governance of the club (or otherwise acting) without involving the supporters of the club. Supporter ownership 101 Regulations made under section 99(1)(b) may, in particular, make provision for or in connection with— a the types of football club in relation to which the regulations are to apply, b the things which the regulations may facilitate ownership of, including, in particular— i any entity which owns, operates or controls a football club, ii a shareholding or other interest in such an entity, iii any asset (including any right or liability) of the football club or such an entity, c the valuation of anything mentioned in paragraph (b), d the circumstances which must exist, or conditions which must be satisfied, before any rights conferred under the regulations may be exercised, e the steps that must be taken by supporters, or a body or association representing the interests of supporters, to exercise any rights conferred by the regulations, f the provision of information to supporters about the football club, including details about how, and by whom, the club and any property connected with it is owned or held, g requiring, restricting or preventing the sale or transfer of anything which is, or may become, subject to the rights conferred by the regulations, h the consequences of selling or transferring anything which is, or may become, subject to the rights conferred by the regulations otherwise than in accordance with the regulations (including, in particular, reducing such a sale or transfer), i the rights of creditors of the football club and other persons with an interest in the club, j the resolution of disputes in connection with any rights conferred under the regulations, k appeals in connection with any rights conferred under the regulations, l the circumstances in which any right conferred under the regulations is or may be extinguished. PART 8 COMMON GOOD PROPERTY Registers Common good registers 102 1 Each local authority must establish and maintain a register of property which is held by the authority as part of the common good (a “common good register”). 2 Before establishing a common good register, a local authority must publish a list of property that it proposes to include in the register. 3 The list may be published in such a way as the local authority may determine. 4 On publishing a list under subsection (2), the local authority must— a notify the bodies mentioned in subsection (5) of the publication, and b invite those bodies to make representations in respect of the list. 5 The bodies are— a any community council established for the local authority's area, and b any community body of which the authority is aware. 6 In establishing a common good register, a local authority must have regard to— a any representations made under subsection (4)(b) by a body mentioned in subsection (5), and b any representations made by other persons in respect of the list published under subsection (2). 7 Representations as mentioned in subsection (6) may in particular be made in relation to— a whether property proposed to be included in the register is part of the common good, b the identification of other property which, in the opinion of the body or person making the representation, is part of the common good. 8 A local authority must— a make arrangements to enable members of the public to inspect, free of charge, its common good register at reasonable times and at such places as the authority may determine, and b make its common good register available on a website, or by other electronic means, to members of the public. Guidance about common good registers 103 1 In carrying out any of the duties imposed on it by section 102, a local authority must have regard to any guidance issued by the Scottish Ministers in relation to the duties. 2 Before issuing any such guidance, the Scottish Ministers must consult— a local authorities, b community councils, and c such community bodies as the Scottish Ministers think fit. Disposal and use Disposal and use of common good property: consultation 104 1 Subsection (2) applies where a local authority is considering— a disposing of any property which is held by the authority as part of the common good, or b changing the use to which any such property is put. 2 Before taking any decision to dispose of, or change the use of, such property the local authority must publish details about the proposed disposal or, as the case may be, the use to which the authority proposes to put the property. 3 The details may be published in such a way as the local authority may determine. 4 On publishing details about its proposals under subsection (2), the local authority must— a notify the bodies mentioned in subsection (5) of the publication, and b invite those bodies to make representations in respect of the proposals. 5 The bodies are— a where the local authority is Aberdeen City Council, Dundee City Council, the City of Edinburgh Council or Glasgow City Council, any community council established for the local authority's area, b where the local authority is any other council, any community council whose area consists of or includes the area, or part of the area, to which the property mentioned in subsection (1) related prior to 16 May 1975, and c any community body that is known by the authority to have an interest in the property. 6 In deciding whether or not to dispose of any property held by a local authority as part of the common good, or to change the use to which any such property is put, the authority must have regard to— a any representations made under subsection (4)(b) by a body mentioned in subsection (5), and b any representations made by other persons in respect of its proposals published under subsection (2). Disposal etc. of common good property: guidance 105 1 In carrying out any of the duties imposed on it by section 104, a local authority must have regard to any guidance issued by the Scottish Ministers in relation to the duties. 2 A local authority must have regard to any guidance issued by the Scottish Ministers in relation to the management and use of property that forms part of the common good. 3 Before issuing any guidance as mentioned in subsection (1) or (2), the Scottish Ministers must consult— a local authorities, b community councils, and c such community bodies as the Scottish Ministers think fit. Interpretation of Part 8 Interpretation of Part 8 106 In this Part— “ community bodies ”, in relation to a local authority, means bodies, whether or not formally constituted, established for purposes which consist of or include that of promoting or improving the interests of any communities (however described) resident or otherwise present in the area of the local authority, “ community council ” means a community council established by a local authority under Part 4 of the Local Government (Scotland) Act 1973. PART 9 ALLOTMENTS Key definitions Meaning of “allotment” 107 In this Part, “ allotment ” means land that— a is owned or leased by a local authority, b is leased or intended for lease by a person from the authority, and c is used or intended for use— i wholly or mainly for the cultivation of vegetables, fruit, herbs or flowers, and ii otherwise than with a view to making a profit. Meaning of “allotment site” 108 In this Part, “allotment site”— a means land consisting wholly or partly of allotments, and b includes other land owned or leased by a local authority that may be used by tenants of allotments in connection with their use of allotments. Request and offer to lease allotment Request to lease allotment 109 1 Any person may make a request to the local authority in whose area the person resides— a to lease an allotment from the authority, or b to sublease an allotment from a tenant of the authority. 2 A request must be made in writing and include— a the name and address of the person making the request, and b such other information as may be prescribed. 3 The person making the request must, if the area of the allotment sought is less than 250 square metres, specify the area in the request. 4 Where the person making the request is a disabled person, the request may include information about the person's needs on the grounds of disability relating to— a access to an allotment site or an allotment, b possible adjustments to an allotment site or an allotment. 5 A request may be made to a local authority even if the authority does not own or lease any allotments. 6 A request may be made jointly by two or more persons if each person resides in the area of the local authority to which the request is made. 7 The local authority must give written notice to a person who made a request under subsection (1) confirming receipt of the request before the expiry of the period of 14 days beginning with the date on which the request is received by the authority. 8 Before making regulations under subsection (2)(b), the Scottish Ministers must consult— a local authorities, and b any other person appearing to the Scottish Ministers to have an interest. Offer to lease allotment 110 1 Subsections (2) and (3) apply where a person specifies an allotment of an area of less than 250 square metres (a “specified area”) in a request to a local authority under section 109(1). 2 If the local authority offers to grant a lease of an allotment of the specified area to the person, the request is to be treated as having been agreed to for the purpose of section 111(3)(a)(i). 3 If the local authority offers to grant a lease of an allotment that is not of the specified area to the person, the request is to be treated as not having been agreed to for that purpose unless the person accepts the offer. 4 Subsections (5) and (6) apply where a person does not specify an allotment of an area of less than 250 square metres in a request to a local authority under section 109(1). 5 If the local authority offers to grant a lease of an allotment of an area of approximately 250 square metres to the person, the request is to be treated as having been agreed to for the purpose of section 111(3)(a)(i). 6 If the local authority offers to grant a lease of an allotment that is not of an area of approximately 250 square metres to the person, the request is to be treated as not having been agreed to for that purpose unless the person accepts the offer. 7 In subsections (2), (3), (5) and (6), references to the local authority offering to grant a lease include references to a tenant of the local authority offering to grant a sublease. Local authority functions Duty to maintain list 111 1 Each local authority must establish and maintain a list of persons who make a request to it under section 109(1). 2 The list may be established and maintained by the local authority in such form as the authority thinks fit. 3 The duty to maintain a list under subsection (1) includes a duty to remove from the list— a the name of any person— i whose request under section 109(1) is agreed to, or ii who withdraws such a request before it is agreed to, and b any other information relating to any such person. Duty to provide allotments 112 1 Where subsection (2) or (3) applies, each local authority must take reasonable steps to ensure–– a that the number of persons entered in the list maintained under section 111(1) is no more than one half of the total number of allotments owned and leased by the authority, and b that a person entered in the list does not remain in the list for a continuous period of more than 5 years. 2 This subsection applies where— a on the commencement date, a local authority does not own or lease any allotments, and b at any time after that date, the number of persons entered in the list mentioned in subsection (1) is 15 or more. 3 This subsection applies where— a on the commencement date, a local authority owns or leases allotments, and b at any time after that date, the number of persons entered in the list mentioned in subsection (1) is one or more. 4 A local authority must, in taking reasonable steps as mentioned in subsection (1), have regard to the desirability of making available allotments that are reasonably close to the residence of persons in the list mentioned in that subsection. 5 The Scottish Ministers may by order amend subsection (1) by substituting for the proportion for the time being specified there such other proportion as they think fit. 6 The Scottish Ministers may by order amend subsection (2) or (3) by substituting for the number of persons for the time being specified there such other number of persons as they think fit. 7 Where a request under section 109(1) is made jointly by two or more persons, the persons making the request are to be treated as one person for the purposes of calculating the number of persons referred to in— a subsection (1), b subsection (2) (including that subsection as amended by an order under subsection (6)), c subsection (3) (including that subsection as amended by an order under subsection (6)), d section 121(2)(j) or (p). 8 In this section, “ commencement date ” means the date on which this section comes into force. Duty of tenant of allotment site to grant sublease 113 1 Subsection (2) applies where an allotment site is let by a local authority. 2 If the local authority requests that the tenant of the allotment site grant a sublease of an unoccupied allotment on the site to a person entered in the list maintained under section 111(1), the tenant must grant such a sublease. Access to allotment and allotment site 114 1 Where a local authority leases an allotment to a tenant, it must provide reasonable access to the allotment and any allotment site on which the allotment is situated. 2 Where a local authority leases an allotment site to a tenant, it must provide reasonable access to the allotment site and allotments on the site. Allotment site regulations 115 1 Each local authority must make regulations about allotment sites in its area. 2 A local authority must make its first regulations under subsection (1) before the expiry of the period of two years beginning with the date on which this section comes into force , and those regulations must make provision for each allotment site in the area of the local authority. 3 Regulations under subsection (1) must in particular include provision for or in connection with— a allocation of allotments, b rent, including a method of determining fair rent that takes account of— i services provided by, or on behalf of, the local authority to tenants of allotments, ii the costs of providing those services, and iii circumstances that affect, or may affect, the ability of a person to pay the rent payable under the lease of an allotment, c cultivation of allotments, d maintenance of allotments, e maintenance of allotment sites, f buildings or other structures that may be erected on allotments, the modifications that may be made to such structures and the materials that may or may not be used in connection with such structures, g the keeping of livestock (including poultry), and h landlord inspections. 4 Regulations under subsection (1) may in particular include provision for or in connection with— a buildings or other structures that may be erected on land mentioned in paragraph (b) of the definition of “allotment site” in section 108, the modifications that may be made to such structures and the materials that may or may not be used in connection with such structures, b access by persons (other than allotment tenants) and domestic animals, c liability for loss of or damage to property, d acceptable use of allotments and allotment sites, e sale of surplus produce. 5 Regulations under subsection (1) may make different provision for different areas or different allotment sites. Allotment site regulations: further provision 116 1 Before making regulations under section 115(1), a local authority must consult persons appearing to the local authority to have an interest. 2 At least one month before making regulations under section 115(1), a local authority must— a place an advertisement in at least one newspaper circulating in its area giving notice of— i the authority's intention to make the regulations, ii the general purpose of the proposed regulations, iii the place where a copy of the proposed regulations may be inspected, iv the fact that any person may make written representations in relation to the proposed regulations, v the time within which a person may make representations, and vi the address to which any representations must be sent, and b make copies of the proposed regulations available for inspection by the public without payment— i at its offices, and ii if it considers it practicable, at the allotment site to which the regulations are to apply. 3 Any person may make a representation in writing in relation to the proposed regulations no later than one month after the last date on which notice under subsection (2)(a) is given. 4 Before making the regulations, the authority must— a offer any person who makes a representation under subsection (3) the opportunity to make further representations in person, and b take account of any representations received by it by virtue of subsection (3) and paragraph (a). 5 The regulations are made by being signed by the proper officer of the authority. 6 The regulations— a come into force i in the case of the first regulations made by a local authority under section 115(1), on the day after the day on which they are made, ii in any other case, on the day after the day on which they are made or on such later day as may be specified in the regulations , and b continue in force unless revoked. 7 Subsections (1) to (4) apply in relation to— a a proposed amendment, b a proposed revocation, c an amendment, or d a revocation, of regulations under section 115(1) as they apply in relation to proposed regulations, or (as the case may be) the making of proposed regulations, under that section. 8 Subsections (5) and (6) apply in relation to an amendment, or a revocation, of regulations under section 115(1) as they apply in relation to regulations under that section but— a sub-paragraph (i) of paragraph (a) of subsection (6) does not apply and sub-paragraph (ii) of that paragraph applies in relation to any such amendment or revocation, and b subsection (6)(b) does not apply in relation to such a revocation. 9 A copy of the regulations must be displayed at the entrance to an allotment site to which they apply. 10 A local authority must provide a copy of the regulations without charge to any person following a request. 11 In the case where an allotment site is leased by a local authority, the regulations are subject to any provision of such a lease which is contrary to, or otherwise inconsistent with, the regulations. Disposal etc. of allotment sites owned by local authority 117 1 This section applies where a local authority owns an allotment site. 2 A local authority may not dispose of the whole or part of the allotment site or change the use of the whole or part of the allotment site without the consent of the Scottish Ministers. 3 Before deciding whether to grant consent, the Scottish Ministers must— a seek the views of the local authority on the proposed decision, and b consult such other persons appearing to them to have an interest in the proposed disposal or change of use. 4 The Scottish Ministers may make the granting of consent subject to such conditions as they think fit. 5 The Scottish Ministers may not grant consent unless they are satisfied that— a the tenant of each allotment on the whole or part of the allotment site is to be offered a lease of another allotment of an area the same as or similar to that of the tenant's allotment–– i on the allotment site, or ii in the area of the local authority within a reasonable distance of the allotment site, or b the provision of another allotment for the tenant is unnecessary or not reasonably practicable. 6 Any transfer of ownership of the whole or part of the allotment site, and any deed purporting to transfer such ownership, without the consent of the Scottish Ministers is of no effect. Disposal etc. of allotment sites leased by local authority 118 1 This section applies where a local authority leases an allotment site. 2 A local authority may not renounce its lease of the whole or part of the allotment site without the consent of the Scottish Ministers. 3 In the case where a change of use of the whole or part of the allotment site proposed by the local authority is permitted by the lease, the local authority may not change the use of the allotment site without the consent of the Scottish Ministers. 4 Before deciding whether to grant consent mentioned in subsection (2) or (3), the Scottish Ministers must— a seek the views of the local authority on the proposed decision, and b consult with such other persons appearing to them to have an interest in the proposed renunciation or change of use. 5 The Scottish Ministers may make the granting of consent mentioned in subsection (2) or (3) subject to such conditions as they think fit. 6 The Scottish Ministers may not grant consent mentioned in subsection (2) or (3) unless they are satisfied that— a the tenant of each allotment on the whole or part of the allotment site is to be offered a lease of another allotment of an area the same as or similar to that of the tenant's allotment–– i on the allotment site, or ii in the area of the local authority within a reasonable distance of the allotment site, or b the provision of another allotment for the tenant is unnecessary or not reasonably practicable. 7 Any renunciation of the local authority's lease of the whole or part of the allotment site, and any deed purporting to renounce the lease, without the consent of the Scottish Ministers is of no effect. Duty to prepare food-growing strategy 119 1 Each local authority must prepare a food-growing strategy for its area. 2 A local authority must publish the food-growing strategy before the expiry of the period of two years beginning with the day on which this section comes into force. 3 A food-growing strategy is a document— a identifying land in its area that the local authority considers may be used as allotment sites, b identifying other areas of land in its area that could be used by a community for the cultivation of vegetables, fruit, herbs or flowers, c describing how, where the authority is required to take reasonable steps under section 112(1), the authority intends to increase the provision in its area of— i allotments, or ii other areas of land for use by a community for the cultivation of vegetables, fruit, herbs or flowers, and d containing such other information as may be prescribed. 4 The description required by paragraph (c) of subsection (3) must in particular describe whether and how the authority intends to increase the provision of the types of land mentioned in paragraph (a) or (b) of that subsection in communities which experience socio-economic disadvantage. 5 The authority must publish the food-growing strategy on a website or by other electronic means. Duty to review food-growing strategy 120 1 Each local authority must review its food-growing strategy before the end of— a the period of 5 years beginning with the day on which the strategy is first published under section 119(2), and b each subsequent period of 5 years. 2 If, following a review under subsection (1), the authority decides that changes to its food-growing strategy are necessary or desirable, the authority must publish a revised food-growing strategy on a website or by other electronic means. Annual allotments report 121 1 As soon as reasonably practicable after the end of each reporting year, each local authority must prepare and publish an annual allotments report for its area. 2 An annual allotments report is a report setting out in respect of the reporting year to which it relates— a the location and size of each allotment site, b the number of allotments on each allotment site, c where the whole of an allotment site is leased from the authority by one person, the proportion of land on the allotment site (excluding any land falling within paragraph (b) of the definition of “allotment site” in section 108) that is not subleased from the tenant of the allotment site, d where allotments on an allotment site are leased from the authority by more than one person, the proportion of land on the allotment site (excluding any land falling within paragraph (b) of the definition of “allotment site” in section 108) that is not leased from the authority, e where an allotment site is leased by the local authority— i the period of the lease of each allotment site, and ii the rent payable under the lease by the authority, f the period of any lease between the authority and the tenant of an allotment site, g the rent payable under any lease between the authority and the tenant of an allotment site, h the rent payable for each allotment in the area of the authority, i how, in the opinion of the authority, such rents are decided by reference to the method of determining fair rent provided for in regulations under section 115(1), j the number of persons entered in the list maintained under section 111(1) on the final day of the reporting year to which the report relates, k the number of persons mentioned in paragraph (j) who, on the final day of the reporting year to which the report relates, have been entered in the list mentioned in that paragraph for a continuous period of more than 5 years, l the steps taken by the authority to comply with the duty imposed by section 112(1), m reasons for any failure to comply with that duty, n the number of allotments on each allotment site that are accessible by a disabled person, o the number of allotments on each allotment site adjusted by the authority during the reporting year to meet the needs of a tenant who is a disabled person, p the number of persons entered in the list maintained under section 111(1) during the reporting year whose request under subsection (1) of section 109 included information under subsection (4) of that section, q the income received, and expenditure incurred, by the authority in connection with allotment sites, and r such other information as may be prescribed. 3 The authority must publish the annual allotments report on a website or by other electronic means. 4 In this section, “ reporting year ” means— a the period of a year beginning with any day occurring during the period of a year after the day on which this section comes into force, and b each subsequent period of a year. Power to remove unauthorised buildings from allotment sites 122 1 This section applies where— a a building or other structure that is not permitted by, or does not comply with, a provision of regulations made under section 115(1) is erected on an allotment site, and b at the time the building or other structure was erected or, as the case may be modified, regulations made under section 115(1) prohibited such erection or modification. 2 The local authority within whose area the allotment site is situated may— a remove the building or other structure from the allotment site, b dispose of the materials that formed the building or other structure as it thinks fit, and c recover the cost of the removal, and the disposal of the materials, of the building or other structure from a liable tenant. 3 “ Liable tenant ” means, where the building or other structure was erected by or on behalf of a tenant— a on the tenant's allotment, that tenant, or b on other land as mentioned in paragraph (b) of the definition of “allotment site” in section 108, and the building or other structure on that other land was erected— i without the consent of the tenants of other allotments on the allotment site of which that other land forms part, that tenant, or ii with the consent of any tenants of such other allotments, that tenant and any other tenant who consented. 4 A liable tenant mentioned in subsection (3)(b)(ii) is jointly and severally liable with other liable tenants mentioned in that subsection. 5 Where a local authority proposes to take any action in exercise of a power conferred by subsection (2), it must— a no later than one month before taking such action, give notice in writing of the authority's proposed action to each tenant who would be affected by such action, b allow each such tenant the opportunity to make representations to the authority in relation to the proposed action, c take account of any representations received by it by virtue of paragraph (b), and d give notice in writing to each tenant mentioned in paragraph (a) to inform them of the authority's decision in relation to the proposed action and, if applicable, the date on which the proposed action is to take place. 6 If the authority decides to take the proposed action, any tenant who was notified under subsection (5)(a) may appeal to the sheriff against the decision of the authority before the expiry of the period of 21 days beginning with the day on which the notice mentioned in subsection (5)(d) is given. 7 The Scottish Ministers may by regulations make further provision for or in connection with the procedure to be followed in relation to the exercise of the powers conferred by subsection (2). 8 In the case where an allotment site is leased by a local authority, the authority may not exercise a power conferred by subsection (2) if such exercise would contravene a provision of the lease. Delegation of management of allotment sites 123 1 This section applies where— a a local authority owns or leases an allotment site, and b one or more allotments on the allotment site are leased to tenants. 2 A person who represents the interests of all or a majority of the tenants may make a request to the local authority that the authority delegate to the person any of the authority's functions mentioned in subsection (3) in relation to the allotment site. 3 The functions are— a the functions under— i section 109(7) (request to lease allotment), ii section 111(1) (duty to maintain list), iii section 116(9) and (10) (display and copies of allotment site regulations), iv section 124 (promotion and use of allotments: expenditure), b the giving of notice under— i section 126(1) (notice of termination of lease of allotment or allotment site), ii section 127(2)(b) (notice of resumption), iii section 128(2) (notice of termination: sublease by local authority). 4 A request under subsection (2) must— a be made in writing, and b include— i the name and address of the person making the request, and ii such other information as may be prescribed. 5 The authority may, within 14 days of receiving the request, ask— a the person making the request for such further information as it considers necessary in connection with the request, and b that the information be supplied within 14 days of the authority's request. 6 The authority must give notice to the person making the request of its decision to agree to or refuse the request— a where further information is requested by the authority under subsection (5), before the expiry of 56 days beginning with the date on which the request is received by the authority, or b in any other case, before the expiry of 28 days beginning with the date on which the request is received by the authority. 7 If the decision is to refuse the request, the notice referred to in subsection (6) must include reasons for the authority's decision. 8 If the decision is to agree to the request, the authority must decide— a which of its functions that are mentioned in subsection (3) are to be delegated to the person making the request, and b the timing of any review of the delegation of those functions by the authority. 9 Before making a decision under subsection (8), the authority must consult the person who made the request. 10 The authority may recall the delegation of any of its functions delegated under this section if— a it considers that the person to whom the functions are delegated is not satisfactorily carrying out a function, or b there is a material disagreement between the authority and the person to whom the functions are delegated about the carrying out of the functions. 11 In the case where an allotment site is leased by a local authority, the authority must not delegate any functions under this section to the person making the request where the delegation would contravene a provision of the lease. Promotion and use of allotments: expenditure 124 1 A local authority may incur expenditure for the purpose of— a the promotion of allotments in its area, and b the provision of training by or on behalf of the authority to tenants, or potential tenants, of allotments about the use of allotments. 2 In deciding whether to exercise the power conferred by subsection (1), a local authority must have regard to the desirability of promoting allotments, or providing training, as mentioned in that subsection in relation to communities which experience socio-economic disadvantage. Use of local authority and other premises for meetings 125 1 In relation to an allotment site, the persons mentioned in subsection (2) may make a request to the local authority in whose area the site is situated to use free of charge the premises mentioned in subsection (3) for the purpose of holding a meeting of the tenants of allotments on the site about the site. 2 The persons are— a a tenant of the allotment site, b a person referred to in section 123(2). 3 The premises are— a premises in a public school or grant-aided school within the area of the local authority, b other premises within the area of the local authority which are— i maintained by the authority, ii maintained by a person other than the authority and used for or in connection with the delivery of services the provision of which is delegated by the authority to that person, or iii maintained, and whose use is managed, by a person other than the authority in accordance with arrangements between the authority and that person. 4 The request must— a be made in writing, b include the name and address of the person making the request, c include information about the proposed date, time, location and purpose of the proposed meeting, d be made at least one month before the date on which the meeting is proposed to take place. 5 The local authority must, before the end of the period of 14 days beginning with the day on which it receives the request, write to the person who made the request to— a grant the request, b offer the person an alternative date, time or location for the proposed meeting, or c refuse the request. 6 In this section, “public school” and “grant-aided school” have the meanings given by section 135(1) of the Education (Scotland) Act 1980. Termination of lease Termination of lease of allotment or allotment site 126 1 Despite any provision to the contrary in the lease of an allotment or an allotment site, a local authority may terminate the lease of the whole or part of the allotment or allotment site on a specified date; but may do so only if the authority has given the tenant of the allotment or the allotment site notice of the termination in accordance with subsection (2). 2 Notice is given in accordance with this subsection if— a it is in writing, and b it is given— i if subsection (3) applies, at least one month before the specified date, ii if subsection (4) applies, at least one year before the specified date. 3 This subsection applies if, following the expiry of the period of 3 months beginning with the date on which the lease commenced, the tenant has failed to a material extent to comply with any provision of the regulations made under section 115(1). 4 This subsection applies if the Scottish Ministers have consented to— a the disposal of the allotment site subject to the lease or, as the case may be, the allotment site on which the allotment is situated under section 117, b the change of use of the allotment site subject to the lease or, as the case may be, the allotment site on which the allotment is situated under section 117 or 118, c the renunciation by the local authority of its lease of the allotment site subject to the lease or, as the case may be, the allotment site on which the allotment is situated under section 118. 5 Before sending any notice under subsection (1), a local authority must— a no later than one month before giving any notice under that subsection, write to the tenant to inform the tenant that the authority is proposing to give notice of termination under that subsection and give reasons for the authority's proposal, b allow the tenant the opportunity to make representations to the authority in relation to the authority's proposal, c take account of any representations received by it by virtue of paragraph (b), and d either— i write to the tenant to inform the tenant that the authority no longer proposes to give notice under subsection (1) for the reasons referred to in paragraph (a), or ii give notice under subsection (1) for those reasons. 6 A tenant who is aggrieved by a notice given under subsection (1) may appeal to the sheriff within 21 days of the date of the notice. 7 If subsection (4) applies, an appeal under subsection (6) may be made on a point of law only. 8 A notice under subsection (1) has no effect until— a the period within which an appeal may be made under subsection (6) has elapsed without an appeal being made, or b where such an appeal is made, the appeal is withdrawn or finally determined. 9 The decision of the sheriff on appeal under this section is final. 10 The Scottish Ministers may by regulations make further provision as to the procedure to be applied in connection with the exercise of the power conferred by subsection (1). 11 Where, under subsection (2) of section 128, a local authority sends a copy of the notice mentioned in that subsection to a person, the authority need not also send a notice under subsection (1) of this section. 12 In this section, “ specified ” means specified in the notice under subsection (1). Resumption of allotment or allotment site by local authority 127 1 This section applies where a person leases an allotment or an allotment site from a local authority. 2 Despite any provision to the contrary in the lease, the authority may resume possession of the whole or part of the allotment or the allotment site; but may do so only if— a the resumption is required for building, mining or any other industrial purpose or for the construction, maintenance or repair of any roads or sewers necessary in connection with any such purpose, b the authority has given the tenant notice of the resumption in accordance with subsection (3), and c the Scottish Ministers have consented to the notice given under paragraph (b). 3 Notice is given in accordance with this subsection if— a it is in writing, b it is given at least three months before the date on which the resumption is to take place, and c it specifies that date. 4 The Scottish Ministers may make the granting of consent mentioned in subsection (2)(c) subject to such conditions as they think fit. 5 The Scottish Ministers may not grant consent unless they are satisfied that— a the tenant of the whole or part of the allotment, or (as the case may be) the tenant of each allotment on the whole or part of the allotment site, is to be offered a lease of another allotment which is— i of an area the same as or similar to that of the tenant's allotment, and ii in the area of the local authority within a reasonable distance of the allotment site or the allotment site on which the allotment is situated, or b the provision of another allotment for the tenant is unnecessary or not reasonably practicable. Notice of termination: sublease Notice of termination: sublease by local authority 128 1 Subsection (2) applies where— a an allotment site is leased to a local authority, b the authority has granted a sublease of— i the allotment site, or ii an allotment on the allotment site, c the authority receives notice of termination of the lease of the whole or part of the allotment site, and d the sublease is of land that is the same as, or forms part of, the land to which the notice relates. 2 The authority must— a send a copy of the notice to the subtenant of the sublease, and b notify the subtenant of the sublease— i of the date on which the lease of the whole or part of the allotment site is terminated, and ii that the subtenant's sublease is terminated on that date. Notice of termination: sublease by allotment association etc. 129 1 Subsection (2) applies where— a the local authority gives notice under section 126(1) or 127(2), or sends a copy of a notice under section 128(2)(a), to the tenant of the whole or part of an allotment site, b the tenant subleases allotments on the whole or part of the allotment site to one or more subtenants, and c the tenant represents the interests of the subtenants. 2 The tenant must— a send a copy of the notice to each subtenant, and b notify each subtenant— i of the date on which the lease of the whole or part of the allotment site is terminated, and ii that the subtenant's sublease is terminated on that date. Prohibition against assignation or subletting Prohibition against assignation or subletting 130 1 The tenant of an allotment must not assign the lease of the whole or part of the allotment without the consent of the local authority which granted the lease of the allotment or, as the case may be, of the allotment site on which the allotment is situated. 2 The tenant of an allotment must not sublet the whole or part of an allotment to any person. 3 A purported assignation of the lease of the whole or part of an allotment contrary to subsection (1) is of no effect. 4 A purported sublease of the whole or part of an allotment contrary to subsection (2) is of no effect. Tenants' rights Sale of surplus produce 131 Subject to any regulations under section 115(1), a tenant of an allotment may sell (other than with a view to making a profit) produce grown by the tenant on the allotment. Removal of items from allotment by tenant 132 1 A tenant of an allotment may remove from the allotment any of the items mentioned in subsection (2) before the expiry or termination of the tenant's lease. 2 The items are— a any buildings (or other structures) erected by or on behalf of the tenant, b any buildings (or other structures) acquired by the tenant, c any produce, trees or bushes— i planted by or on behalf of the tenant, or ii acquired by the tenant. Compensation Compensation for disturbance 133 1 Subsection (2) applies where— a the lease of the whole or part of an allotment is terminated— i by notice under section 126(2)(b)(ii), ii as a result of a notice of termination of the lease of the allotment site on which the allotment is situated under section 126(2)(b)(ii), iii as a result of a notice of resumption of the allotment, or the allotment site on which the allotment is situated, under section 127(2), or iv as a result of a notice mentioned in section 128(1)(c), and b the tenant of the allotment suffers damage caused by disturbance of the enjoyment of the tenant's allotment as a result of the termination of the lease. 2 The local authority giving or, as the case may be, receiving a notice mentioned in paragraph (a) of subsection (1) is liable to compensate a person referred to in paragraph (b) of that subsection. 3 The minimum amount of compensation payable under subsection (2) is— a where the termination of the lease relates to the whole of an allotment, an amount equal to one year's rent of the allotment payable immediately before the termination of the lease, b where the termination of the lease relates to part of an allotment, a proportion of the amount mentioned in paragraph (a) that is in the same proportion that the part of the allotment bears to the whole of the allotment. 4 The Scottish Ministers must by regulations make further provision for or in connection with compensation payable under subsection (2). 5 Regulations under subsection (4) must include, in particular, provision about the procedure to be followed in— a determining whether the local authority is liable to pay compensation under subsection (2), and b subject to subsection (3), assessing the amount of compensation for which the local authority is liable in cases where the lease does not make such provision. 6 Before making regulations under subsection (4), the Scottish Ministers must consult— a local authorities, and b any other person appearing to the Scottish Ministers to have an interest. 7 A person referred to in subsection (1)(b) who is aggrieved about any decision by the local authority in connection with the duty imposed by subsection (2) may appeal to the sheriff within 21 days of receiving notice of the authority's decision. Compensation for deterioration of allotment 134 1 This section applies where— a the lease of a person (“the tenant”) of an allotment has expired or been terminated, and b it appears to the local authority which granted the lease of the allotment or, as the case may be, of the allotment site on which the allotment is situated that— i the allotment deteriorated during the tenant's lease of the allotment, and ii the deterioration was caused by the fault or negligence of the tenant. 2 The tenant is liable to pay compensation for the deterioration to the tenant's landlord. 3 The amount of compensation payable is the cost of remedying the deterioration. 4 The Scottish Ministers must by regulations make further provision for or in connection with compensation payable under subsection (2). 5 Regulations under subsection (4) must include, in particular, provision about the procedure to be followed— a in determining whether the tenant is liable to pay compensation under subsection (2), and b in accordance with subsection (3), in assessing the amount of compensation for which the tenant is liable in cases where the lease does not make such provision. 6 Before making regulations under subsection (4), the Scottish Ministers must consult— a local authorities, and b any other person appearing to the Scottish Ministers to have an interest. 7 A tenant who is aggrieved about any decision by the local authority in connection with the duty imposed by subsection (2) may appeal to the sheriff within 21 days of receiving notice of the authority's decision. Compensation for loss of crops 135 1 This section applies where— a the whole or part of an allotment is resumed under section 127(2), and b the tenant of the allotment suffers loss of any crop as a result of the resumption. 2 The local authority that resumed the allotment under section 127(2) is liable to compensate the tenant. 3 The Scottish Ministers must by regulations make further provision for or in connection with compensation payable under subsection (2). 4 Regulations under subsection (3) must include, in particular, provision about the procedure to be followed in— a determining whether the local authority is liable to pay compensation under subsection (2), and b assessing the amount of compensation for which the local authority is liable in cases where the lease does not make such provision. 5 Before making regulations under subsection (3), the Scottish Ministers must consult— a local authorities, and b any other person appearing to the Scottish Ministers to have an interest. 6 A tenant who is aggrieved about any decision by the local authority in connection with the duty imposed by subsection (2) may appeal to the sheriff within 21 days of receiving notice of the authority's decision. Set-off of compensation etc. 136 1 Where a local authority is liable to pay compensation to a former tenant under section 133(2) or 135(2), the local authority may deduct from the compensation any sum that the former tenant is liable to pay to the local authority in connection with the lease that was terminated. 2 Where a tenant is liable to pay any sum to a local authority in connection with a lease of an allotment, the tenant may deduct from the sum any compensation that the local authority is liable to pay to the tenant under section 133(2) or 135(2). Guidance Guidance 137 1 A local authority must have regard to any guidance issued by the Scottish Ministers about the carrying out of functions conferred on the authority by this Part. 2 Before issuing such guidance, the Scottish Ministers must consult— a local authorities, and b any other person appearing to the Scottish Ministers to have an interest. Interpretation of Part 9 Interpretation of Part 9 138 In this Part— “ allotment ” has the meaning given by section 107, “ allotment site ” has the meaning given by section 108, “ disabled person ” means a person who is a disabled person for the purposes of the Equality Act 2010, “ food-growing strategy ” has the meaning given by section 119(3), “lease” and “leased” include “sublease” and “subleased”, “ prescribed ” means prescribed by the Scottish Ministers by regulations, “ tenant ” includes “subtenant”. PART 10 PARTICIPATION IN PUBLIC DECISION-MAKING Participation in decisions of certain persons exercising public functions 139 1 The Scottish Ministers may by regulations make provision for or in connection with the purpose mentioned in subsection (2). 2 The purpose is promoting or facilitating participation in relation to decisions of such persons as may be specified (in this section, “relevant persons”) relating to activities carried out, or proposed to be carried out, by or on behalf of those persons. 3 Regulations under subsection (1) may enable relevant persons to determine— a the persons whose participation in relation to such decisions is to be promoted or facilitated, and b which of those decisions persons so determined may participate in relation to. 4 Regulations under subsection (1) may provide that activities as mentioned in subsection (2) include the allocation of— a financial resources, and b such other resources as may be specified. 5 Regulations under subsection (1) may, in particular, include provision— a (without prejudice to subsection (3)), conferring functions on relevant persons, b specifying activities as mentioned in subsection (2) in relation to which the regulations apply, or do not apply, c specifying classes of such activities in relation to which the regulations apply, or do not apply, d specifying criteria for determining such activities in relation to which the regulations apply, or do not apply, e requiring relevant persons to prepare and publish a report, at such intervals as may be specified, describing the steps taken by the persons in connection with the carrying out of functions conferred on them by the regulations. 6 Relevant persons must have regard to any guidance issued by the Scottish Ministers relating to functions conferred on them by regulations under subsection (1). 7 Regulations under subsection (1) may specify a person in relation to whose decisions participation is to be promoted or facilitated only if the person is— a a part of the Scottish Administration, or b a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998). 8 In this section, “ specified ” means specified in regulations made under subsection (1). PART 11 NON-DOMESTIC RATES Schemes for reduction and remission of non-domestic rates 140 1 After section 3 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962, insert— Schemes for reduction and remission of rates 3A 1 This section applies in relation to rates leviable for the year 2015-16 and any subsequent year. 2 A rating authority may, in accordance with a scheme made by it for the purposes of this section, reduce or remit any rate leviable by it in respect of lands and heritages. 3 Any reduction or remission under subsection (2) ceases to have effect at such time as may be determined by the rating authority. 4 A scheme under subsection (2) may make provision for the rate to be reduced or remitted by reference to— a such categories of lands and heritages as may be specified in the scheme, b such areas as may be so specified, c such activities as may be so specified, d such other matters as may be so specified. 5 Any reduction or remission under subsection (2) ceases to have effect on a change in the occupation of the lands and heritages in respect of which it was granted. 6 Before exercising the power conferred by subsection (2), or amending a scheme made under that subsection, the rating authority must have regard to the authority's expenditure and income and the interests of persons liable to pay council tax set by the authority. . 2 In Schedule 12 to the Local Government Finance Act 1992 (payments to local authorities by the Scottish Ministers), in paragraph 10(3)(a)— a in sub-paragraph (iii), after “Provisions” insert “ etc. ” , and b after that sub-paragraph insert— iiia section 3A (schemes for reduction and remission of rates) of that Act; . 3 In paragraph 2 of Schedule 1 (rules for the calculation of non-domestic rating contributions) to the Non-Domestic Rating Contributions (Scotland) Regulations 1996 ( S.I. 1996/3070), in sub-paragraph (c), after “section” insert “ 3A or ” . 4 Paragraph 10(4) of Schedule 12 to the Local Government Finance Act 1992 does not apply in relation to the amendment made by subsection (3). PART 12 GENERAL Guidance under Parts 2, 3, 5, 8, 9 and 10: publication 141 The Scottish Ministers must publish, in such manner as they think fit, any guidance issued by them relating to Part 2, Part 3, Part 5, Part 8, Part 9 or Part 10. Subordinate legislation 142 1 Any power of the Scottish Ministers to make an order or regulations under this Act includes a power to make— a different provision for different purposes, b incidental, supplementary, consequential, transitional or transitory provision or savings. 2 An order under— a section 21(2) or (3), 78(2) or (3), 85(2)(c) or 112(5) or (6), or b section 143(1) containing provisions which add to, replace or omit any part of the text of an Act, is subject to the affirmative procedure. 3 Regulations under section 4(7), 13(3), 17(1), 99(1) or 139 are subject to the affirmative procedure. 4 Any other orders and regulations under this Act are subject to the negative procedure. 5 This section does not apply to— a regulations under section 115(1), or b orders under section 145(2). Ancillary provision 143 1 The Scottish Ministers may by order make such incidental, supplementary, consequential, transitional or transitory provision or savings 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. Minor and consequential amendments and repeals 144 1 Schedule 4 contains minor amendments and amendments consequential on the provisions of this Act. 2 The enactments mentioned in the first column of schedule 5 (which include enactments that are spent) are repealed to the extent set out in the second column. Commencement 145 1 This section, sections 141 to 143 and section 146 come 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 or transitory provision or savings. Short title 146 The short title of this Act is the Community Empowerment (Scotland) Act 2015. SCHEDULE 1 COMMUNITY PLANNING PARTNERS (introduced by section 4(1)) The board of management of a regional college designated by order under section 7A of the Further and Higher Education (Scotland) Act 2005 which is situated in the area of the local authority The chief constable of the Police Service of Scotland The Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 whose area includes, or is the same as, the area of the local authority Highlands and Islands Enterprise where the area within which, or in relation to which, it exercises functions in accordance with section 21(1) of the Enterprise and New Towns (Scotland) Act 1990 includes the whole or part of the area of the local authority Historic Environment Scotland Any integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014 to which functions of the local authority and the Health Board are delegated A National Park authority, established by virtue of a designation order under section 6 of the National Parks (Scotland) Act 2000, for a Park whose area includes the whole or part of the area of the local authority A regional strategic body specified in schedule 2A to the Further and Higher Education (Scotland) Act 2005 which is situated in the area of the local authority Scottish Enterprise The Scottish Environment Protection Agency The Scottish Fire and Rescue Service Scottish Natural Heritage The Scottish Sports Council South of Scotland Enterprise where all or part of the area of the local authority is within the South of Scotland as defined by section 21 of the South of Scotland Enterprise Act 2019 The Skills Development Scotland Co. Limited A regional Transport Partnership established by virtue of section 1(1)(b) of the Transport (Scotland) Act 2005 whose region includes, or is the same as, the area of the local authority VisitScotland SCHEDULE 2 PUBLIC SERVICE AUTHORITIES (introduced by section 21(1)) The board of management of a college of further education (those expressions having the same meanings as in section 36(1) of the Further and Higher Education (Scotland) Act 1992) A Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 Highlands and Islands Enterprise A local authority A National Park authority established by virtue of a designation order under section 6 of the National Parks (Scotland) Act 2000 The Police Service of Scotland Scottish Enterprise The Scottish Environment Protection Agency The Scottish Fire and Rescue Service Scottish Natural Heritage A regional Transport Partnership established by virtue of section 1(1)(b) of the Transport (Scotland) Act 2005 SCHEDULE 3 RELEVANT AUTHORITIES (introduced by section 78(1)) The board of management of a college of further education (those expressions having the same meanings as in section 36(1) of the Further and Higher Education (Scotland) Act 1992) The British Waterways Board The Crofting Commission A Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 Highlands and Islands Enterprise A local authority A National Park authority established by virtue of a designation order under section 6 of the National Parks (Scotland) Act 2000 The Scottish Courts and Tribunals Service Scottish Enterprise The Scottish Environment Protection Agency The Scottish Fire and Rescue Service The Scottish Ministers Scottish Natural Heritage The Scottish Police Authority Scottish Water South of Scotland Enterprise A Special Health Board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978 A regional Transport Partnership established by virtue of section 1(1)(b) of the Transport (Scotland) Act 2005 SCHEDULE 4 MINOR AND CONSEQUENTIAL AMENDMENTS (introduced by section 144(1)) Small Landholders (Scotland) Act 1911 1 In section 26 of the Small Landholders (Scotland) Act 1911 (supplementary provisions and restrictions), in subsection (3)(e), for “the Allotments (Scotland) Act, 1892, or the Local Government (Scotland) Act, 1894”, substitute “ Part 9 of the Community Empowerment (Scotland) Act 2015 ” . Compensation (Defence) Act 1939 2 In section 18 of the Compensation (Defence) Act 1939 (application to Scotland and Northern Ireland), in subsection (1), for “the Allotments Act, 1922 shall be construed as a reference to the Allotments (Scotland) Act, 1922”, substitute “ allotment gardens within the meaning of the Allotments Act, 1922 is omitted ” . Agriculture (Scotland) Act 1948 3 1 Section 86 of the Agriculture (Scotland) Act 1948 is amended as follows. 2 In the proviso to subsection (1), in paragraph (a), for “allotment gardens”, substitute “ allotments ” . 3 In subsection (3), for the definition of “allotment garden”, substitute— “ allotment ” has the meaning given by section 107 of the Community Empowerment (Scotland) Act 2015; . Opencast Coal Act 1958 4 1 The Opencast Coal Act 1958 is amended as follows. 2 In section 41 (provisions as to allotment gardens and other allotments), in subsection (3), for the words from “the”, where it third occurs, to the end, substitute “ section 107 of the Community Empowerment (Scotland) Act 2015 ” . 3 In the Eighth Schedule (tenancies of allotment gardens and other allotments), in paragraph 10— a for sub-paragraph (a), substitute— a paragraph 1 applies as if sub-paragraph (2) were omitted; , b for sub-paragraph (b), substitute— b sub-paragraph (1) of paragraph 3 applies as if for “the Act of 1908 or the Act of 1922 or the Allotments Act, 1950, or by virtue of any other enactment relating to allotments” there were substituted “ Part 9 of the Community Empowerment (Scotland) Act 2015 ” ; , c for sub-paragraph (c), substitute— c sub-paragraph (2) of paragraph 3 applies as if— i for “any of the enactments mentioned in the next following sub-paragraph” there were substituted “ Part 9 of the Community Empowerment (Scotland) Act 2015 (but excluding any compensation for disturbance) ” , ii “garden” were omitted, and iii for “subsection (2) of section two of the Act of 1922” there were substituted “section 127(2) of the Community Empowerment (Scotland) Act 2015; , d in sub-paragraph (e), for the words from “for” to the end, substitute “ any reference to the Allotments Act, 1950 is to be read as a reference to Part 9 of the Community Empowerment (Scotland) Act 2015 ” , and e for sub-paragraph (f), substitute— f sub-paragraph (1) of paragraph 5 applies as if for “section four or section five of the Act of 1922, or of subsection (4) of section forty-seven of the Act of 1908” there were substituted “ section 132 of the Community Empowerment (Scotland) Act 2015 ” ; . Local Government (Scotland) Act 1973 5 In the Local Government (Scotland) Act 1973— a in section 73 (appropriation of land)— i in subsection (2), the word “not” is repealed, ii in that subsection, for “except with the consent of the Secretary of State”, substitute “ subject to sections 117 and 118 of the Community Empowerment (Scotland) Act 2015 ” , and iii in subsection (3), after “allotments”, insert “ (within the meaning of section 107 of that Act) ” , b in section 99 (general duties of auditors), in subsection (1)(c), for “sections 15 to 17 (community planning) of the Local Government in Scotland Act 2003 (asp 1)”, substitute “ Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning) ” , and c in section 102 (reports to Commission by Controller of Audit), in subsection (1)(c)— i the words “and Part 2 (community planning)” are repealed, and ii at the end, insert “ and Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning) ” . Local Government Act 1992 6 In section 1 of the Local Government Act 1992 (publication of information as to standards of performance), in subsection (1)(b), for the words “Part 2 (community planning) of the Local Government in Scotland Act 2003 (asp 1)”, substitute “ Part 2 (community planning) of the Community Empowerment (Scotland) Act 2015 ” . Local Government in Scotland Act 2003 7 In section 57 of the Local Government in Scotland Act 2003 (power to modify enactments), in subsection (2)(a), for “, 13(1) or 15(1)”, substitute “ or 13(1) ” . Land Reform (Scotland) Act 2003 8 1 The Land Reform (Scotland) Act 2003 is amended as follows. 2 In section 37 (registration of interest in land)— a in subsection (4)(a), after “sought”, insert “ to be registered ” , b after subsection (7)(b), insert and c any notice sent under section 44A, , c in subsection (11)(c), for the words “not registrable land”, substitute “ excluded land as defined in section 33(2) above ” , d in subsection (18), after paragraph (a), insert— aa where the decision is that such an interest is to be entered in the Register, contain information about the duties imposed under section 44A, , and e in subsection (19), after “above”, insert “ , including that subsection as modified by section 39(2)(b) below, ” . 3 In section 51 (exercise of right to buy: approval of community and consent of Ministers)— a in subsection (2)(a)(i), the words “conducted by the community body” are repealed, and b in subsection (6)— i in paragraph (a), after “receipt”, insert “ by Ministers ” , ii in that paragraph, the words “conducted by the body” are repealed, and iii in paragraph (b), the words “conducted by those bodies” are repealed. 4 In section 52 (ballot procedure)— a in subsection (3)— i for the words “community body which conducts a ballot”, substitute “ ballotter appointed under section 51A ” , ii after “notify”, insert “ Ministers, the community body, the owner of the land to which the ballot relates and any creditor in a standard security with a right to sell the land of ” , iii the word “and” immediately following paragraph (c) is repealed, iv after paragraph (d), insert— e the wording of that proposition, and f any information provided by the ballotter to persons eligible to vote in the ballot. , and v the words “to Ministers” are repealed, and b after subsection (4), insert— 5 Within 7 days of receiving notification under subsection (3) above, Ministers may— a require the ballotter to provide such information relating to the ballot as they think fit, b require the community body to provide such information relating to any consultation with those eligible to vote in the ballot undertaken during the period in which the ballot was carried out as Ministers think fit. 6 The validity of anything done under this Part of this Act is not affected by any failure by a ballotter to comply with the time limit specified in subsection (4). . 5 In section 68 (land which may be bought: eligible croft land), in subsection (5), for “the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c.26)”, substitute “ section 69(1) of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 ” . 6 In section 98 (general and supplementary provisions)— a in subsection (5)— i after “33,”, insert “ 35(4), ” , ii for “78 or 94”, substitute “ 72(4), 78, 94 or 97E(4) ” , and iii after “above”, insert “ or regulations made under section 34(A1)(b), (4A) or (4B), 38(2B), 71(A1)(b), (4A) or (4B), 97C(4), (5) or (6), 97D(1)(b), (7) or (8), 97F(9), 97H(6) or 97N(1) or (3) above ” , b after subsection (5), insert— 5A In making a decision under section 38(1), 44(3), 51(1)(b), 73(2) or 97G(2), Ministers are to have regard to the International Covenant on Economic, Social and Cultural Rights adopted and opened for signature, ratification and accession by General Assembly resolution 2200A ( XXI ) of 16 December 1966 subject to— a any amendments in force in relation to the United Kingdom for the time being, and b any reservations, objections or interpretative declarations by the United Kingdom for the time being in force. , and c in subsection (8), for “and 52(3)”, substitute “ , 52(3), 97G(7) and (9) and 97J(4) ” . Fire (Scotland) Act 2005 9 In the Fire (Scotland) Act 2005— a in section 41E (local fire and rescue plans), in subsection (6), for “Local Government in Scotland Act 2003 (asp 1)”, substitute “ Community Empowerment (Scotland) Act 2015 ” , and b in section 41J (Local Senior Officers), in subsection (2)(c), for “section 16(1)(d) of the Local Government in Scotland 2003 (asp 1) (duty to participate in community planning)”, substitute “ Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning) ” . Schools (Consultation) (Scotland) Act 2010 10 In the Schools (Consultation) (Scotland) Act 2010, in schedule 2 (relevant consultees)— a for sub-paragraph (h) of each of paragraphs 1, 2, 3, 4 and 5, substitute— h the community planning partnership (within the meaning of section 4(5) of the Community Empowerment (Scotland) Act 2015) for the area of the local authority in which any affected school is situated, ha any other community planning partnership that the education authority considers relevant, , and b for sub-paragraph (h) of paragraph 10, substitute— h the community planning partnership (within the meaning of section 4(5) of the Community Empowerment (Scotland) Act 2015) for the area of the local authority in which the further education centre is situated, . Public Services Reform (Scotland) Act 2010 11 In section 115 of the Public Services Reform (Scotland) Act 2010 (joint inspections), in subsection (12), for the words from “means” to the end of the subsection, substitute “ is to be construed in accordance with section 7 of the Children and Young People (Scotland) Act 2014. ” . Police and Fire Reform (Scotland) Act 2012 12 In the Police and Fire Reform (Scotland) Act 2012— a in section 46 (duty to participate in community planning), in subsection (2), for “section 16(1)(e) of the Local Government in Scotland Act 2003”, substitute “ Part 2 of the Community Empowerment (Scotland) Act 2015 ” , and b in section 47 (local police plans), in subsection (11), for “Local Government in Scotland Act 2003 (asp 1)”, substitute “ Community Empowerment (Scotland) Act 2015 ” . SCHEDULE 5 REPEALS (introduced by section 144(2)) Enactment Extent of repeal Allotments (Scotland) Act, 1892 The whole Act. Land Settlement (Scotland) Act, 1919 Part 3 and paragraph 6 of the First Schedule. Allotments (Scotland) Act 1922 The whole Act. Agricultural Land (Utilisation) Act 1931 Section 24(j). Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 Section 1(4)(b). Allotments (Scotland) Act 1950 The whole Act. Emergency Laws (Miscellaneous Provisions) Act 1953 Section 5(6). Opencast Coal Act 1958 In the Eighth Schedule, in paragraph 10(h), the words from “but” to the end. Town and Country Planning (Scotland) Act 1959 Section 26. Local Government (Scotland) Act 1973 In Schedule 27, paragraphs 16 to 20, 54 and 58 to 60. Local Government etc. (Scotland) Act 1994 In Schedule 13, paragraphs 6, 12 and 35. Local Government in Scotland Act 2003 Part 2. Section 57(2)(b). Land Reform (Scotland) Act 2003 In section 38(1), paragraph (a) and, in paragraph (b), the word “substantial” where it appears in each of sub-paragraphs (i) and (ii). Section 40(4)(g)(iv). In section 50, subsection (2)(b). In section 51, subsection (3)(a). In section 52, subsection (2). In section 61(3), the words from “or” to “person”. In section 62, subsections (5) and (6) and, in subsection (7), the words “within 4 weeks of the hearing of the appeal”. In section 98(5), the word “33”. S. 140 in force at 31.10.2015 by S.S.I. 2015/344 , art. 2 S. 9(2) (5) (6) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 15 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 18 in force at 13.11.2015 by S.S.I. 2015/358 , art. 2 , Sch. S. 20(2)(3) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , sch. S. 21(2)-(4)(8)(9) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , sch. S. 23 in force at 13.11.2015 by S.S.I. 2015/358 , art. 2 , Sch. S. 24(7)(a)(8) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , sch. S. 26(6) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , sch. S. 29(3) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 31(6) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 34 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 35 in force at 13.11.2015 by S.S.I. 2015/358 , art. 2 , Sch. S. 37(1) (4) (7) (8) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 40 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 42(1) (2) (4) (9) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 44 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 49 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 50 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 52 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 76 in force at 13.11.2015 by S.S.I. 2015/358 , art. 2 , Sch. S. 77(2) (3) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 78(2)(3)(4) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 81 in force at 13.11.2015 by S.S.I. 2015/358 , art. 2 , Sch. S. 82(8)(a)(9) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 83(10) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 85(3)(4)(10) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 86(3)(4)(7)(b)(i)(9) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 87(3)(4)(9) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 89(2)-(4) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 90(12)-(14) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 94(4)-(6) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 96 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 97 in force at 13.11.2015 by S.S.I. 2015/358 , art. 2 , Sch. S. 103 in force at 13.11.2015 by S.S.I. 2015/358 , art. 2 , Sch. S. 105 in force at 13.11.2015 by S.S.I. 2015/358 , art. 2 , Sch. S. 106 in force at 13.11.2015 by S.S.I. 2015/358 , art. 2 , Sch. S. 137 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 139(1)-(5) (7) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 144(1) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. Sch. 4 para. 8(1) (2)(d) (4)(a) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358 , art. 2 , Sch. S. 1 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 2 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 3 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 36 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 37(1) (4) (7) (8) in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 37(2) (3) (5) (6) in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 38 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 39 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 40 in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 41 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 42(1) (2) (4) (9) in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 42(3) (5)-(8) in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 43 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 44 in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 45 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 46 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 47 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 48 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 49 in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 50 in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 51 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 52 in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 53 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 54 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 55 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 56 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 57 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 58 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 59 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 60 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 61 in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 75 in force at 15.4.2016 for specified purposes by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 144(1) in force at 15.4.2016 for specified purposes by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) Sch. 4 para. 8(1) (2)(d) (4)(a) in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) Sch. 4 para. 8(2)(a)-(c) (e) (3) (4)(b) (5) (6) in force at 15.4.2016 by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 144(2) in force at 15.4.2016 for specified purposes by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) Sch. 5 in force at 15.4.2016 for specified purposes by S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 ) S. 62 in force at 16.12.2016 for specified purposes by S.S.I. 2016/394 , art. 2 , sch. S. 63 in force at 16.12.2016 for specified purposes by S.S.I. 2016/394 , art. 2 , sch. S. 64 in force at 16.12.2016 for specified purposes by S.S.I. 2016/394 , art. 2 , sch. S. 66 in force at 16.12.2016 for specified purposes by S.S.I. 2016/394 , art. 2 , sch. S. 70 in force at 16.12.2016 for specified purposes by S.S.I. 2016/394 , art. 2 , sch. S. 9(2) (5) (6) in force at 20.12.2016 in so far as not already in force by S.S.I. 2016/363 , art. 2 S. 15 in force at 20.12.2016 in so far as not already in force by S.S.I. 2016/363 , art. 2 S. 9(1) (3) (4) (7) in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 S. 4 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 S. 5 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 S. 6 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 S. 7 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 S. 8 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 S. 10 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 S. 11 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 S. 12 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 S. 13 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 S. 14 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 S. 16 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 S. 17 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 Sch. 1 in force at 20.12.2016 by S.S.I. 2016/363 , art. 2 Sch. 4 para. 6 in force at 20.12.2016 by S.S.I. 2016/410 , art. 2(a) Sch. 4 para. 7 in force at 20.12.2016 by S.S.I. 2016/410 , art. 2(a) Sch. 4 para. 9 in force at 20.12.2016 by S.S.I. 2016/410 , art. 2(a) Sch. 4 para. 10 in force at 20.12.2016 by S.S.I. 2016/410 , art. 2(a) Sch. 4 para. 11 in force at 20.12.2016 by S.S.I. 2016/410 , art. 2(a) Sch. 4 para. 12 in force at 20.12.2016 by S.S.I. 2016/410 , art. 2(a) S. 144(1) in force at 20.12.2016 for specified purposes by S.S.I. 2016/410 , art. 2(a) S. 144(2) in force at 20.12.2016 for specified purposes by S.S.I. 2016/410 , art. 2(b) Sch. 5 in force at 20.12.2016 for specified purposes by S.S.I. 2016/410 , art. 2(b) Sch. 4 para. 5(b)(c) in force at 20.12.2016 by S.S.I. 2016/410 , art. 2(a) S. 19 in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(a) S. 77(2) (3) in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363 , art. 3(b) S. 77(1) in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 78(2)(3)(4) in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363 , art. 3(b) S. 78(1)(5)-(7) in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 79 in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 80 in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 82(8)(a)(9) in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363 , art. 3(b) S. 82(1)-(7)(8)(b) in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 83(10) in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363 , art. 3(b) S. 83(1)-(9) in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 84 in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 85(3)(4)(10) in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363 , art. 3(b) S. 85(1)(2)(5)-(9) in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 86(3)(4)(7)(b)(i)(9) in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363 , art. 3(b) S. 86(1)(2)(5)(6)(7)(a)(b)(ii)(8)(10) in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 87(3)(4)(9) in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363 , art. 3(b) S. 87(1)(2)(5)-(8) in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 88 in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 89(2)-(4) in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363 , art. 3(b) S. 89(1) in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 90(12)-(14) in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363 , art. 3(b) S. 90(1)-(11) in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 91 in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 92 in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 93 in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 94(4)-(6) in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363 , art. 3(b) S. 94(1)-(3)(7) in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 95 in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) (with art. 4 ) S. 96 in force at 23.1.2017 in so far as not already in force by S.S.I. 2016/363 , art. 3(b) Sch. 3 in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(b) S. 98 in force at 23.1.2017 by S.S.I. 2016/363 , art. 3(c) S. 20(2)(3) in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/40 , art. 2 , sch. S. 20(1)(4) in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 21(2)-(4)(8) (9) in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/40 , art. 2 , sch. S. 21(1)(5)-(7) in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 22 in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 24(7)(a)(8) in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/40 , art. 2 , sch. S. 24(1)-(6)(7)(b) in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 25 in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 26(6) in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/40 , art. 2 , sch. S. 26(1)-(5)(7) in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 27 in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 28 in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 29(3) in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/40 , art. 2 , sch. S. 29(1) (2) in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 31(6) in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/40 , art. 2 , sch. S. 31(1)-(5) in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 32 in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 33 in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 34 in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/40 , art. 2 , sch. Sch. 2 in force at 1.4.2017 by S.S.I. 2017/40 , art. 2 , sch. S. 74 in force at 30.6.2017 for specified purposes by S.S.I. 2017/192 , art. 2 S. 133(4)-(6) in force at 15.12.2017 for specified purposes by S.S.I. 2017/420 , art. 2(1)(a) (2) S. 134(4)-(6) in force at 15.12.2017 for specified purposes by S.S.I. 2017/420 , art. 2(1)(b) (2) S. 135(3)-(5) in force at 15.12.2017 for specified purposes by S.S.I. 2017/420 , art. 2(1)(c) (2) Words in s. 115(2) substituted (16.3.2018) by The Community Empowerment (Scotland) Act 2015 (Supplementary and Consequential Provisions) Order 2018 (S.S.I. 2018/97) , arts. 1 , 2(2)(a) Words in s. 115(2) inserted (16.3.2018) by The Community Empowerment (Scotland) Act 2015 (Supplementary and Consequential Provisions) Order 2018 (S.S.I. 2018/97) , arts. 1 , 2(2)(b) Word in s. 116(5) substituted (16.3.2018) by The Community Empowerment (Scotland) Act 2015 (Supplementary and Consequential Provisions) Order 2018 (S.S.I. 2018/97) , arts. 1 , 2(3)(a) Words in s. 116(6)(a) substituted (16.3.2018) by The Community Empowerment (Scotland) Act 2015 (Supplementary and Consequential Provisions) Order 2018 (S.S.I. 2018/97) , arts. 1 , 2(3)(b) Words in s. 116(8) substituted (16.3.2018) by The Community Empowerment (Scotland) Act 2015 (Supplementary and Consequential Provisions) Order 2018 (S.S.I. 2018/97) , arts. 1 , 2(3)(c) S. 107 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 108 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 109 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. (with arts. 12 , 14 ) S. 110 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 111 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. (with art. 12 ) S. 112 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. (with art. 15 ) S. 113 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 114 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 115 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 116 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 117 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. (with art. 16 ) S. 118 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. (with art. 17 ) S. 119 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 120 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 121 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. (with art. 18 ) S. 122 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 123 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 124 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 125 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 126 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 127 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. (with art. 19 ) S. 128 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. (with art. 20 ) S. 129 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 130 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 131 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 132 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 133(4)-(6) in force at 1.4.2018 in so far as not already in force by S.S.I. 2017/458 , art. 2 , sch. S. 133(1)-(3)(7) in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 134(4)-(6) in force at 1.4.2018 in so far as not already in force by S.S.I. 2017/458 , art. 2 , sch. S. 134(1)-(3)(7) in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. (with art. 21 ) S. 135(3)-(5) in force at 1.4.2018 in so far as not already in force by S.S.I. 2017/458 , art. 2 , sch. S. 135(1)(2)(6) in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 136 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 137 in force at 1.4.2018 in so far as not already in force by S.S.I. 2017/458 , art. 2 , sch. S. 138 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. S. 144(1) in force at 1.4.2018 for specified purposes by S.S.I. 2017/458 , art. 2 , sch. (with art. 4 ) Sch. 4 para. 1 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. Sch. 4 para. 2 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. (with art. 4 ) Sch. 4 para. 3 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. Sch. 4 para. 4 in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. (with art. 4 ) Sch. 4 para. 5(a) in force at 1.4.2018 by S.S.I. 2017/458 , art. 2 , sch. (with art. 4 ) S. 144(2) in force at 1.4.2018 for specified purposes by S.S.I. 2017/458 , art. 2 , sch. (with arts. 3 , 5-11 ) Sch. 5 in force at 1.4.2018 for specified purposes by S.S.I. 2017/458 , art. 2 , sch. (with arts. 3 , 5-11 ) S. 74 in force at 27.6.2018 in so far as not already in force by S.S.I. 2018/139 , art. 2(a) S. 75 in force at 27.6.2018 by S.S.I. 2018/139 , art. 2(b) S. 102 in force at 27.6.2018 by S.S.I. 2018/139 , art. 2(c) S. 104 in force at 27.6.2018 by S.S.I. 2018/139 , art. 2(d) Words in sch. 1 inserted (16.10.2019) by South of Scotland Enterprise Act 2019 (asp 9) , s. 24(2) , sch. 2 para. 9(3) ; S.S.I. 2019/308 , reg. 2 Words in sch. 3 inserted (16.10.2019) by South of Scotland Enterprise Act 2019 (asp 9) , s. 24(2) , sch. 2 para. 9(4) ; S.S.I. 2019/308 , reg. 2 S. 13(2)(g) inserted (16.10.2019) by South of Scotland Enterprise Act 2019 (asp 9) , s. 24(2) , sch. 2 para. 9(2) ; S.S.I. 2019/308 , reg. 2 S. 62 in force at 24.2.2021 in so far as not already in force by S.S.I. 2020/448 , art. 2 (with art. 3 ) S. 63 in force at 24.2.2021 in so far as not already in force by S.S.I. 2020/448 , art. 2 (with art. 3 ) S. 64 in force at 24.2.2021 in so far as not already in force by S.S.I. 2020/448 , art. 2 (with art. 3 ) S. 65 in force at 24.2.2021 by S.S.I. 2020/448 , art. 2 (with art. 3 ) S. 66 in force at 24.2.2021 in so far as not already in force by S.S.I. 2020/448 , art. 2 (with art. 3 ) S. 67 in force at 24.2.2021 by S.S.I. 2020/448 , art. 2 (with art. 3 ) S. 68 in force at 24.2.2021 by S.S.I. 2020/448 , art. 2 (with art. 3 ) S. 69 in force at 24.2.2021 by S.S.I. 2020/448 , art. 2 (with art. 3 ) S. 70 in force at 24.2.2021 in so far as not already in force by S.S.I. 2020/448 , art. 2 (with art. 3 ) S. 71 in force at 24.2.2021 by S.S.I. 2020/448 , art. 2 (with art. 3 ) S. 72 in force at 24.2.2021 by S.S.I. 2020/448 , art. 2 (with art. 3 ) S. 73 in force at 24.2.2021 by S.S.I. 2020/448 , art. 2 (with art. 3 )
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[uk-legislation-asp][asp] 2024-05-04 Welfare Funds (Scotland) Act 2015
http://www.legislation.gov.uk/asp/2015/5/2016-04-01
http://www.legislation.gov.uk/asp/2015/5/2016-04-01 Welfare Funds (Scotland) Act 2015 An Act of the Scottish Parliament to make provision about the maintenance of welfare funds and to provide for them to be used to help certain individuals; and for connected purposes. text text/xml en Statute Law Database 2016-07-27 Expert Participation 2016-04-01 Welfare Funds (Scotland) Act 2015 2015 asp 5 An Act of the Scottish Parliament to make provision about the maintenance of welfare funds and to provide for them to be used to help certain individuals; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 3rd March 2015 and received Royal Assent on 8 April 2015. Welfare funds Welfare funds 1 Each local authority is to maintain a fund (called a “welfare fund”) comprising— a any grants paid into the fund by the Scottish Ministers, and b any amounts paid into the fund by the local authority. Use of welfare funds: assistance for short term need and community care 2 1 A local authority may use its welfare fund only in order to provide occasional financial or other assistance to or in respect of individuals for the purposes of— a meeting, or helping to meet, an immediate short term need— i arising out of an exceptional event or exceptional circumstances, and ii that requires to be met to avoid a risk to the wellbeing of an individual, or b enabling qualifying individuals to establish or maintain a settled home. 2 “ Qualifying individuals ” means individuals who have been or, without the assistance, might otherwise be— a in prison, hospital, a residential care establishment or other institution, or b homeless or otherwise living an unsettled way of life. 3 The assistance which a local authority may use its welfare fund to provide does not include making loans. 4 A local authority may exercise its power under subsection (1) by making a payment to a third party with a view to the third party providing, or arranging the provision of, goods or services to or in respect of an individual. Review by local authority Review of decisions 3 1 Where an applicant for assistance in pursuance of section 2 from a local authority applies to it to do so, the local authority must review its decision on the application. 2 Subsection (1) is subject to subsection (3). 3 The Scottish Ministers may by regulations— a provide as to circumstances in which a decision made in pursuance of section 2 is not to be reviewed under subsection (1), b provide as to how an application for review under subsection (1) is to be made, c provide as to time limits for the making of applications for review under subsection (1). 4 Regulations made under this section are subject to the affirmative procedure. Supplementary Further provision 4 1 The Scottish Ministers may, by regulations, make further provision in connection with sections 1 to 3. 2 Regulations made under this section may, in particular, make provision— a about how an application to receive assistance in pursuance of section 2 is to be made, b about the procedure which local authorities are to follow in relation to such applications, including the period within which they are to take any particular steps, c about the eligibility of individuals to receive assistance in pursuance of section 2, d about other circumstances in which assistance may, or may not, be provided in pursuance of section 2, e about the type of assistance which may be so provided, f about circumstances in which amounts may require to be repaid or recovered in respect of assistance which has been so provided, g requiring a local authority to provide the Scottish Ministers with such information in connection with the exercise of its functions under sections 1 to 3 as may be specified in the regulations, h about the procedure which local authorities are to follow in relation to reviews in pursuance of section 3, or applications for such reviews, including the period within which they are to take any particular steps, i requiring persons to provide information for the purposes of a review by a local authority in pursuance of section 3, j about circumstances in which an application to receive assistance or an application for review by a local authority may be made by a person on behalf of an individual. 3 Regulations making provision of a type described in subsection (2)(b) must provide that a local authority is to make its decision on an application for assistance in pursuance of section 2(1)(a)— a immediately after the authority has received all information allowing a decision to be made, and b in any event, no later than the end of the next working day. 4 Regulations made under this section may make— a different provision for different purposes, b incidental, supplementary, consequential, transitional, transitory or saving provision. 5 Regulations made under this section are subject to the affirmative procedure. Respect for, and dignity of, applicants for assistance 5 In exercising its functions under sections 1 to 3, or any regulations under section 4, a local authority must take reasonable steps to ensure— a that applicants for assistance in pursuance of section 2 are treated with respect, and b that their dignity is preserved. Guidance 6 1 A local authority must have regard to any guidance issued by the Scottish Ministers in connection with the exercise of its functions under— a sections 1 to 3, b any regulations made under section 4. 2 Guidance issued under this section— a must be addressed to, and apply in the same way to, all local authorities, b may be general or specific, c may be varied or revoked. 3 Before issuing, varying or revoking guidance, the Scottish Ministers must consult— a such body representing local authorities as they think fit, b the Ombudsman, and c such other persons as they consider appropriate. 4 The Scottish Ministers must publish guidance issued under this section in such manner as they consider appropriate. Further review by Scottish Public Services Ombudsman Application to Ombudsman for further review 7 1 Subsection (2) applies where an applicant for assistance in pursuance of section 2 is dissatisfied with the outcome of a review by a local authority in pursuance of section 3. 2 An application for a further review may be made to the Ombudsman— a by the applicant, or b by a person authorised for the purpose by the applicant. 3 An application under subsection (2) may be made orally or in writing. 4 The Ombudsman must not consider an application under subsection (2) made more than one month after the day on which the applicant first had notice of the outcome of the review by the local authority in pursuance of section 3, unless the Ombudsman is satisfied that there are circumstances which make it appropriate to consider an application made outwith that period. 5 It is for the Ombudsman to determine whether an application under subsection (2) has been duly made. Ombudsman's powers 8 If, on a review in pursuance of an application under section 7(2), the Ombudsman considers that a different decision should have been made by the local authority, the Ombudsman may quash the decision and— a direct the local authority to reconsider the application to which the decision relates, or b direct the local authority to use its welfare fund to provide— i the assistance concerned, or ii any other assistance (being assistance which may be provided by the local authority under section 2). Statement of practice 9 1 The Ombudsman must prepare a statement of practice setting out the approach which the Ombudsman intends to take to the conduct of reviews in pursuance of applications under section 7(2). 2 Before preparing the statement of practice, the Ombudsman must consult— a local authorities, and b such other persons as the Ombudsman considers appropriate. 3 The Ombudsman must publish the statement of practice in such manner as the Ombudsman considers appropriate. 4 The Ombudsman may revise the statement of practice. 5 Subsections (2) to (4) apply to a revised statement of practice as they apply to the original statement of practice. Procedural matters 10 1 The procedure for conducting a review in pursuance of an application under section 7(2) is to be such as the Ombudsman thinks fit. 2 The Ombudsman may, in particular— a obtain information from such persons and in such manner, and make such inquiries, as the Ombudsman thinks fit, b hold an oral hearing or determine the review without one. 3 The Ombudsman may require any of the following persons to supply or produce information or documents which the Ombudsman considers is or are, or may be, relevant to the review— a the local authority concerned, b the applicant for assistance, c any other person. 4 The Ombudsman may administer oaths at an oral hearing held in relation to the review. 5 The Ombudsman may make rules setting out— a factors to be taken into account by the Ombudsman in deciding whether to hold an oral hearing in relation to a review in pursuance of applications under section 7(2), b the procedure to be followed in connection with an oral hearing. 6 Before making such rules, the Ombudsman must consult— a local authorities, and b such other persons as the Ombudsman considers appropriate. 7 The Ombudsman must publish any such rules as soon as reasonably practicable. Notice of decision and publication of report 11 1 After conducting a review in pursuance of an application under section 7(2), the Ombudsman— a must notify the applicant for assistance and the local authority concerned of the Ombudsman's decision, and b may publish a report of the review. 2 Apart from identifying the local authority concerned, a report of a review must not— a mention the name of any person, or b contain any particulars which, in the Ombudsman's opinion, are likely to identify any person and can be omitted without impairing the effectiveness of the report. General Interpretation 12 In this Act, “ the Ombudsman ” means the Scottish Public Services Ombudsman. Consequential modifications 13 1 The Scottish Public Services Ombudsman Act 2002 is modified as follows. 2 In section 14(1)(a), after “functions” insert “ under sections 2 to 13 ” . 3 After section 16G, insert— Other functions of the Ombudsman Reviews under the Welfare Funds (Scotland) Act 2015 16H As well as the functions conferred by sections 2 to 16G, the Ombudsman has the functions in relation to the review of decisions by local authorities conferred by the 2015 Act (see sections 7 to 12 of that Act). . 4 In section 18(1), after paragraph (c) insert— d any statement made by the Ombudsman in pursuance of section 11 of the 2015 Act, e any statement made by the Ombudsman in communicating with any person for the purposes of a welfare fund review, f any statement made by any person in communicating with the Ombudsman for the purposes of such a review. . 5 In section 19— a in subsection (2), after paragraph (d) insert— e where subsection (2A) applies, the purposes of a welfare fund review. , b after subsection (2), insert— 2A This subsection applies if— a the matter in respect of which the complaint or request has been made relates to an exercise of a function by a local authority on an application to receive assistance in pursuance of section 2 of the 2015 Act, and b the welfare fund review relates to the decision made by the authority on that application. 2B Information obtained by the Ombudsman or any of the Ombudsman's advisers in connection with a welfare fund review must not be disclosed except for any of the purposes specified in subsection (2C) or as permitted by subsection (3). 2C Those purposes are— a the purposes of the review, b the purposes of any proceedings for— i an offence under the Official Secrets Acts 1911 to 1989 alleged to have been committed in respect of information obtained by the Ombudsman, ii an offence of perjury alleged to have been committed in the course of the review, c the purposes of an inquiry with a view to the taking of any of the proceedings mentioned in paragraph (b), d where subsection (2D) applies, the purposes of any consideration of a complaint or request in respect of a matter, or the investigation of the matter. 2D This subsection applies if— a the matter in respect of which the complaint or request has been made relates to an exercise of a function by a local authority on an application to receive assistance in pursuance of section 2 of the 2015 Act, and b the welfare fund review relates to the decision made by the authority on that application. , c in subsection (3), after “(1)” insert “ or (2B) ” , d after subsection (5), insert— 5A It is not competent to call upon the Ombudsman or the Ombudsman's advisers to give evidence in any proceedings (other than proceedings referred to in subsection (2C)) of matters coming to the knowledge of the Ombudsman or advisers in connection with a welfare fund review. . 6 In section 20(1), after “Act” insert “ or the 2015 Act ” . 7 In section 23(1)— a before the entry for “action” insert— “ the 2015 Act ” means the Welfare Funds (Scotland) Act 2015, , b after the entry for “the Ombudsman” insert— “ the Ombudsman's functions ” includes the Ombudsman's functions under the 2015 Act, , c after the entry for “request” insert— “ welfare fund review ” means a review in pursuance of an application under section 7(2) of the 2015 Act. . Commencement 14 1 This section and section 15 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint. 3 An order made under this section may include transitional, transitory or saving provision. Short title 15 The short title of this Act is the Welfare Funds (Scotland) Act 2015. S. 3(3) (4) in force at 1.2.2016 by S.S.I. 2015/428 , art. 2(1) S. 4 in force at 1.2.2016 by S.S.I. 2015/428 , art. 2(1) S. 6 in force at 1.2.2016 by S.S.I. 2015/428 , art. 2(1) S. 3(1) (2) in force at 1.4.2016 by S.S.I. 2015/428 , art. 2(2) S. 13 in force at 1.4.2016 by S.S.I. 2015/428 , art. 2(2) S. 1 in force at 1.4.2016 by S.S.I. 2015/428 , art. 2(2) S. 2 in force at 1.4.2016 by S.S.I. 2015/428 , art. 2(2) S. 5 in force at 1.4.2016 by S.S.I. 2015/428 , art. 2(2) S. 7 in force at 1.4.2016 by S.S.I. 2015/428 , art. 2(2) S. 8 in force at 1.4.2016 by S.S.I. 2015/428 , art. 2(2) S. 9 in force at 1.4.2016 by S.S.I. 2015/428 , art. 2(2) S. 10 in force at 1.4.2016 by S.S.I. 2015/428 , art. 2(2) S. 11 in force at 1.4.2016 by S.S.I. 2015/428 , art. 2(2) S. 12 in force at 1.4.2016 by S.S.I. 2015/428 , art. 2(2)
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[uk-legislation-asp][asp] 2024-05-04 Legal Writings (Counterparts and Delivery) (Scotland) Act 2015
http://www.legislation.gov.uk/asp/2015/4/2015-07-01
http://www.legislation.gov.uk/asp/2015/4/2015-07-01 Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 An Act of the Scottish Parliament to make provision about execution of documents in counterpart and the delivery by electronic means of traditional documents; and for connected purposes. text text/xml en Statute Law Database 2015-10-09 Expert Participation 2015-07-01 Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 2015 asp 4 An Act of the Scottish Parliament to make provision about execution of documents in counterpart and the delivery by electronic means of traditional documents; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th February 2015 and received Royal Assent on 1st April 2015 Execution of documents in counterpart Execution of documents in counterpart 1 1 A document may be executed in counterpart. 2 A document is executed in counterpart if— a it is executed in two or more duplicate, interchangeable, parts, and b no part is subscribed by both or all parties. 3 On such execution, the counterparts are to be treated as a single document. 4 That single document may be made up of— a both or all the counterparts in their entirety, or b one of the counterparts in its entirety, collated with the page or pages on which the other counterpart has, or other counterparts have, been subscribed. 5 A document executed in counterpart becomes effective when— a both or all the counterparts have been delivered in accordance with subsection (6) or (7), and b any other step required by an enactment or rule of law for the document to become effective has been taken. 6 Each counterpart is to be delivered to the party or parties who did not subscribe the counterpart in question unless it is a counterpart which falls to be delivered under subsection (7). 7 If a party has, under section 2(1), nominated a person to take delivery of one or more counterparts, the counterpart in question is (or counterparts in question are) to be delivered to that person. 8 Subsection (5) is subject to subsection (9). 9 Where a counterpart is to be held by the recipient as undelivered, the counterpart is not to be treated as delivered for the purposes of subsection (5)(a) until— a the person from whom the counterpart is received indicates to the recipient that it is to be so treated, or b if a specified condition is to be satisfied before the counterpart may be so treated, the condition has been satisfied. Nomination of person to take delivery of counterparts 2 1 Parties to a document executed in counterpart may nominate a person to take delivery of one or more of the counterparts. 2 Subsection (1) does not prevent one of the parties, or an agent of one or more of the parties, being so nominated. 3 A person so nominated must, after taking delivery of a counterpart by virtue of subsection (1), hold and preserve it for the benefit of the parties. 4 Subsection (3) does not apply in so far as the parties may agree, or be taken to have agreed, otherwise (whether before or after the document has effect). 5 A document's having effect is not dependent on compliance with subsection (3) or (4). Use of counterparts: electronic documents 3 1 Sections 1 and 2 apply to traditional documents and electronic documents. 2 In section 1 any reference to subscription is to be read, in the case of an electronic document to which section 1(2) of the Requirements of Writing (Scotland) Act 1995 (“ the 1995 Act ”) applies, as a reference to authentication of the electronic document within the meaning of section 9B of the 1995 Act. 3 In this section— “ electronic document ” has the meaning given by section 9A of the 1995 Act, “traditional document” has the meaning given by section 1A of the 1995 Act. Delivery of traditional documents by electronic means Delivery of traditional documents by electronic means 4 1 This section applies where there is a requirement for delivery of a traditional document (whether or not a document executed in counterpart). 2 The requirement may be satisfied by delivery by electronic means of— a a copy of the document, or b a part of such a copy. 3 But the requirement may be satisfied by delivery of a part of such a copy only if the part— a is sufficient in all the circumstances to show that it is part of the document, and b is, or includes, the page on which the sender (or the person on whose behalf the sender has effected the delivery) has subscribed the document. 4 Delivery under subsection (2) must be by a means (and what is delivered must be in a form) which the intended recipient has agreed to accept (the “accepted method”), unless subsection (5) applies. 5 If— a no accepted method has been agreed, b there is uncertainty about the accepted method, or c the accepted method is impracticable, delivery may be by such means (and in such form) as is reasonable in all the circumstances. 6 Although delivery by electronic means constitutes effective delivery in relation to a traditional document, what is received by that means is not to be treated as being the traditional document itself. 7 A traditional document, in relation to which delivery by electronic means has been effected, is to be held by the sender in accordance with whatever arrangements have been made by the sender and the recipient (or, if there is a number of recipients, have been made by the sender and the recipients as a group). 8 Any reference in subsection (7) to a recipient is to be construed, in a case where a person takes delivery by virtue of section 2(1), as a reference to the parties who nominated that person. 9 In this section, references to delivery by electronic means are to delivery— a by means of an electronic communications network (for example as an attachment to an e-mail), b by fax, c by means of a device on which the thing delivered is stored electronically (such as a disc, a memory stick or other removable or portable media), or d by other means but in a form which requires the use of electronic apparatus by the recipient to render the thing delivered intelligible. 10 In this section— “ electronic communications network ” has the meaning given by section 32 of the Communications Act 2003, “ traditional document ” has the meaning given by section 1A of the 1995 Act. Final provisions Ancillary provision 5 1 The Scottish Ministers may by order make such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 An order under subsection (1) may modify any enactment (including this Act). 3 An order under subsection (1) is subject to the negative procedure, unless subsection (4) applies. 4 An order under subsection (1) which adds to, replaces or omits the text of an Act is subject to the affirmative procedure. Commencement 6 1 Section 5, this section and section 7 come into force on the day after Royal Assent. 2 The other 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. Short title 7 The short title of this Act is the Legal Writings (Counterparts and Delivery) (Scotland) Act 2015. S. 1 in force at 1.7.2015 by S.S.I. 2015/242 , art. 2 S. 2 in force at 1.7.2015 by S.S.I. 2015/242 , art. 2 S. 3 in force at 1.7.2015 by S.S.I. 2015/242 , art. 2 S. 4 in force at 1.7.2015 by S.S.I. 2015/242 , art. 2
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[uk-legislation-asp][asp] 2024-05-04 Community Charge Debt (Scotland) Act 2015
http://www.legislation.gov.uk/asp/2015/3/2015-03-26
http://www.legislation.gov.uk/asp/2015/3/2015-03-26 Community Charge Debt (Scotland) Act 2015 An Act of the Scottish Parliament to extinguish various liabilities arising by virtue of the Abolition of Domestic Rates Etc. (Scotland) Act 1987. text text/xml en Statute Law Database 2015-04-15 2015-03-26 Community Charge Debt (Scotland) Act 2015 2015 asp 3 An Act of the Scottish Parliament to extinguish various liabilities arising by virtue of the Abolition of Domestic Rates Etc. (Scotland) Act 1987. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th February 2015 and received Royal Assent on 25th March 2015 Debt extinguished 1 1 On 1 February 2015, all— a community charge liabilities, and b associated liabilities, are extinguished. 2 Accordingly, on that day— a summary warrants, and b decrees, become unenforceable in so far as they relate to liabilities extinguished by subsection (1). Interpretation 2 1 The following definitions apply for the purposes of section 1. 2 A community charge liability is a liability to pay any— a charge imposed under section 7 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (“ the 1987 Act ”), b charge imposed under paragraph 6 of Schedule 5 to that Act. 3 An associated liability is a liability to pay any— a civil penalty imposed under section 17 of the 1987 Act (including one imposed by virtue of section 18A of that Act), b sum by way of interest arising under section 18(3)(a) of that Act, c surcharge arising under section 18(3)(b) of that Act, d surcharge arising under paragraph 7(2) of Schedule 2 to that Act, e expense which— i was incurred in the course of, or in relation to, the execution of a summary warrant or decree that section 1(2) makes wholly unenforceable, and ii an enactment makes chargeable against the person who was the debtor under the summary warrant or decree. 4 For the avoidance of doubt, a reference in subsection (3) to a provision of the 1987 Act includes the provision as it applies by virtue of paragraph 11 of Schedule 5 to that Act. Commencement 3 This Act comes into force on the day after Royal Assent. Short title 4 The short title of this Act is the Community Charge Debt (Scotland) Act 2015.
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[uk-legislation-asp][asp] 2024-05-04 Food (Scotland) Act 2015
http://www.legislation.gov.uk/asp/2015/1/2018-09-01
http://www.legislation.gov.uk/asp/2015/1/2018-09-01 Food (Scotland) Act 2015 An Act of the Scottish Parliament to establish Food Standards Scotland and make provision as to its functions; to amend the law in relation to food; to enable provision to be made in relation to animal feeding stuffs; to make provision for administrative sanctions in relation to offences under the law in relation to food; and for connected purposes. text text/xml en Statute Law Database 2018-09-13 Expert Participation 2018-09-01 Food (Scotland) Act 2015 2015 asp 1 An Act of the Scottish Parliament to establish Food Standards Scotland and make provision as to its functions; to amend the law in relation to food; to enable provision to be made in relation to animal feeding stuffs; to make provision for administrative sanctions in relation to offences under the law in relation to food; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 9th December 2014 and received Royal Assent on 13th January 2015. PART 1 FOOD STANDARDS SCOTLAND Food Standards Scotland Establishment 1 There is established a body corporate called Food Standards Scotland or, in Gaelic, Inbhe-Bidhe Alba. Objectives 2 1 The objectives of Food Standards Scotland are— a to protect the public from risks to health which may arise in connection with the consumption of food, b to improve the extent to which members of the public have diets which are conducive to good health, c to protect the other interests of consumers in relation to food. 2 The risks referred to in subsection (1)(a) include risks caused by the way in which food is produced or supplied. 3 Food Standards Scotland must so far as reasonably practicable perform its functions in a way— a which is compatible with its objectives, and b which it considers most appropriate for the purpose of meeting those objectives. General functions 3 1 The general functions of Food Standards Scotland are— a to develop (and assist the Scottish Ministers and public bodies and office-holders to develop) policies in relation to food matters and animal feeding stuffs matters, b to advise, inform and assist the Scottish Ministers and public bodies and office-holders and other persons in relation to food matters and animal feeding stuffs matters, c to keep the public adequately informed about and advised in relation to matters which significantly affect their capacity to make informed decisions about food matters, d to keep users of animal feeding stuffs adequately informed about and advised in relation to matters which significantly affect their capacity to make informed decisions about animal feeding stuffs matters, and e to monitor the performance of, and promote best practice by, enforcement authorities in enforcing food legislation. 2 Food Standards Scotland must so far as reasonably practicable comply with a request by the Scottish Ministers that— a in pursuance of subsection (1)(a), it develops a policy, or assists the Scottish Ministers or a public body or office-holder to develop a policy, in relation to a particular matter, b in pursuance of subsection (1)(b), it gives advice, information or assistance to the Scottish Ministers, a public body or office-holder or another person, in relation to a particular matter, c in pursuance of subsection (1)(c), it informs or advises the public in relation to a particular matter, d in pursuance of subsection (1)(d), it informs or advises users of animal feeding stuffs in relation to a particular matter. Governance and accountability 4 1 Food Standards Scotland must so far as reasonably practicable operate in a way which— a is proportionate, transparent and accountable, b constitutes good decision-making practice, c develops and maintains effective links with the persons mentioned in subsection (3), and d is consistent with any other principle of good governance which appears to it to constitute best practice. 2 “ Good decision-making practice ” means— a consulting people who may be affected by decisions before taking them, b having good information on which to take decisions and taking decisions based on that information, c recording decisions and the reasons for them, and d making decisions and the reasons for them publicly available. 3 The persons referred to in subsection (1)(c) are— a the Scottish Ministers, b public bodies and office-holders with functions in relation to food matters or animal feeding stuffs matters. Statement on performance of functions 5 1 Food Standards Scotland must prepare for approval by the Scottish Ministers a statement setting out how it intends to perform its functions. 2 The statement must include information on how Food Standards Scotland intends— a to meet its objectives, and b to operate in accordance with section 4. 3 The statement must be submitted to the Scottish Ministers by such time as they may direct. 4 The Scottish Ministers may approve the statement with such modifications as they consider appropriate. 5 Before approving the statement with modifications the Scottish Ministers must consult Food Standards Scotland. 6 As soon as practicable after the statement is approved under subsection (4), Food Standards Scotland must— a lay a copy of it before the Scottish Parliament, and b publish it (in such manner as Food Standards Scotland considers appropriate). 7 Food Standards Scotland— a must review the statement from time to time, and b may in consequence prepare and submit to the Scottish Ministers a revised statement. 8 Subsections (2) and (4) to (7) apply to a revised statement as they apply to the original statement. Membership Number and appointment of members 6 1 Food Standards Scotland is to consist of— a a person appointed by the Scottish Ministers to chair Food Standards Scotland, and b no fewer than 3 nor more than 7 other members appointed by the Scottish Ministers. 2 A person may not be appointed as a member if the person is— a a member of the Scottish Parliament, b a member of the House of Commons, c a member of the European Parliament, d an office-holder in the Scottish Administration, e a councillor of any local authority, f an employee of any local authority. 3 The Scottish Ministers must make appointments of members of Food Standards Scotland in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements. 4 In subsection (3), “ equal opportunities ” and “ equal opportunity requirements ” have the same meanings as in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998. 5 Membership is (subject to sections 7 and 18) for such period and on such terms and conditions as the Scottish Ministers may determine. 6 A member may resign by informing the Scottish Ministers in writing to that effect. 7 A person may be re-appointed on, or after, ceasing to be a member. 8 The Scottish Ministers may assign to one of the members appointed under subsection (1)(b)— a the function of deputising for the person appointed under subsection (1)(a), b the function of chairing Food Standards Scotland during any period when there is no person appointed under subsection (1)(a). 9 A member to whom such a function is assigned— a is assigned the function for such period as the Scottish Ministers may specify in the assignment, b may resign the assignment by informing the Scottish Ministers in writing to that effect, c is assigned and ceases to be assigned the function in accordance with such terms and conditions as the Scottish Ministers may determine. Early ending of membership 7 1 A person's membership of Food Standards Scotland ends if the person becomes— a a member of the Scottish Parliament, b a member of the House of Commons, c a member of the European Parliament, d an office-holder in the Scottish Administration, e a councillor of any local authority, f an employee of any local authority. 2 The Scottish Ministers may end a person's membership of Food Standards Scotland if— a the person becomes an undischarged bankrupt, or b the Scottish Ministers are satisfied that the person— i has, without the permission of Food Standards Scotland, been absent from its meetings for a period longer than 6 consecutive months, ii is unable to perform the functions of a member, or iii is unsuitable to continue as a member. Remuneration and expenses of members 8 1 A member of Food Standards Scotland is entitled to— a such remuneration as the Scottish Ministers may determine, b such sums as the Scottish Ministers may determine to reimburse or compensate the member in relation to expenses properly incurred in the exercise of the member's functions. 2 It is for Food Standards Scotland to pay any remuneration and other sums to which its members are entitled by virtue of subsection (1). Staff Chief executive 9 1 Food Standards Scotland is to have, as a member of staff, a chief executive. 2 The first chief executive is to be appointed by the Scottish Ministers on such terms and conditions as they determine. 3 Before appointing the first chief executive, the Scottish Ministers must consult Food Standards Scotland. 4 Food Standards Scotland may, with the approval of the Scottish Ministers, appoint subsequent chief executives on such terms and conditions as it, with the approval of the Scottish Ministers, determines. Other staff 10 1 Food Standards Scotland may appoint staff other than the chief executive. 2 Members of staff are to be appointed on such terms and conditions as Food Standards Scotland, with the approval of the Scottish Ministers, determines. 3 The number of staff is not to exceed any maximum that the Scottish Ministers may determine. Operational matters Proceedings 11 It is for Food Standards Scotland to regulate its procedure (including any quorum). Committees 12 1 Food Standards Scotland may establish committees. 2 A committee established by Food Standards Scotland may include as a member a person who is not a member of Food Standards Scotland. 3 Such a person is entitled to— a such remuneration as Food Standards Scotland may determine, b such sums as Food Standards Scotland may determine to reimburse or compensate the person in relation to expenses properly incurred in the exercise of the person's functions. 4 It is for Food Standards Scotland to pay any remuneration and other sums to which such a person is entitled by virtue of subsection (3). 5 It is for Food Standards Scotland to regulate the procedure (including any quorum) of any committee established by it. Validity of things done 13 The validity of anything done by Food Standards Scotland or its committees is not affected by— a a vacancy in membership, b a defect in the appointment of a member, c a person's membership having ended under section 7. Authority to exercise functions 14 1 Food Standards Scotland may authorise the exercise of any of its functions by— a one (or some) of its members, b a committee established by it, or c (subject to subsection (2)) a member of its staff. 2 Subsection (1)(c) does not apply in relation to–– a the function of giving authorisations under section 21(1), b the function of giving authorisations under section 28(1). 3 Authorisation for the purposes of this section may be general or limited to the exercise of the function in specific circumstances. 4 This section does not affect the responsibility of Food Standards Scotland for the exercise of its functions. Annual and other reports 15 1 As soon as practicable after the end of each financial year, Food Standards Scotland must prepare and publish an annual report on the exercise of its functions during that financial year. 2 An annual report must contain Food Standards Scotland's assessment of its performance of its functions in relation to— a the statement of performance of functions under section 5 applying during the financial year to which the annual report relates, or b if more than one statement of performance of functions applied during the financial year, each such statement for the period during the financial year when the statement applied. 3 Subject to subsections (1) and (2), it is for Food Standards Scotland to determine the content of an annual report. 4 It is for Food Standards Scotland to determine— a the form of an annual report, and b the manner of publication. 5 As soon as practicable after publishing an annual report, Food Standards Scotland must— a send a copy of the report to the Scottish Ministers, b lay a copy of the report before the Scottish Parliament. 6 Food Standards Scotland may lay a copy of any other report prepared by it before the Scottish Parliament. General powers 16 1 Food Standards Scotland may do anything which it considers necessary or expedient for the purposes of or in connection with its functions. 2 Food Standards Scotland may not however— a determine the location of its office without the approval of the Scottish Ministers, b make charges for facilities or services provided by it at the request of any person which exceed the reasonable cost of providing the facilities or services concerned. Legislation relating to public bodies Application of legislation relating to public bodies 17 1 In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies), after the entry relating to the Crofting Commission insert— “ Food Standards Scotland ” . 2 In the Scottish Public Services Ombudsman Act 2002, in schedule 2 (listed authorities), after paragraph 22 insert— 22A Food Standards Scotland. . 3 In the Freedom of Information (Scotland) Act 2002, in schedule 1 (Scottish public authorities), after paragraph 7A insert— 7B Food Standards Scotland. . 4 In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities), after the entry relating to the Crofting Commission insert— “ Food Standards Scotland ” . 5 In the Public Services Reform (Scotland) Act 2010— a in schedule 8 (information on exercise of public functions: listed public bodies), after the entry relating to the Drinking Water Quality Regulator for Scotland insert— “ Food Standards Scotland ” , b in schedule 19 (persons subject to the user focus duty), after the entry relating to the Drinking Water Quality Regulator for Scotland insert— “ Food Standards Scotland ” , c in schedule 20 (persons subject to the duty of co-operation), after the entry relating to the Accounts Commission for Scotland insert— “ Food Standards Scotland ” . 6 In the Public Records (Scotland) Act 2011, in the schedule (authorities to which Part 1 applies), after the entry relating to the Drinking Water Quality Regulator for Scotland insert— “ Food Standards Scotland ” . 7 In the Regulatory Reform (Scotland) Act 2014, in schedule 1 (regulators for the purposes of Part 1), before the entry relating to Healthcare Improvement Scotland insert— “ Food Standards Scotland ” . 8 In the Procurement Reform (Scotland) Act 2014, in Part 1 of the schedule (contracting authorities: Scottish Administration and Scottish Parliament), after paragraph 13A insert— 13B Food Standards Scotland . Step-in powers Serious failure 18 1 This section applies where the Scottish Ministers consider that there has been a serious failure by Food Standards Scotland to exercise any of its functions. 2 The Scottish Ministers may give Food Standards Scotland such directions as they consider appropriate to remedy the failure. 3 But before doing so, the Scottish Ministers must consult Food Standards Scotland. 4 A direction under this section— a must be in writing, b must include a statement summarising the reasons for giving it. 5 The Scottish Ministers must publish any direction under this section (in such manner as they consider appropriate). 6 If Food Standards Scotland fails to comply with a direction under this section, the Scottish Ministers may give effect to it (and for that purpose, may exercise any function of Food Standards Scotland in place of it). 7 If Food Standards Scotland fails to comply with a direction under this section, the Scottish Ministers— a may end the membership of all its members, and b may, until new members are appointed, exercise any function of Food Standards Scotland in place of it (or appoint any other person to do so). Acquisition of information Duty to acquire, compile and keep under review relevant information 19 1 For the purpose of enabling it to perform its other functions effectively and to operate in accordance with section 4, Food Standards Scotland is to acquire, compile and keep under review information about food matters and animal feeding stuffs matters. 2 The function in subsection (1) includes in particular— a monitoring developments in science, technology and other fields of knowledge relating to food matters and animal feeding stuffs matters, b carrying out, commissioning or co-ordinating research on food matters and animal feeding stuffs matters. Observations with a view to obtaining information 20 1 For the purpose of exercising its function under section 19, Food Standards Scotland may carry out observations (or arrange for observations to be carried out on its behalf by any other person) with a view to obtaining information about— a any aspect of the production or supply of food or food sources, or the consumption of food, or b any aspect of the production, supply or use of animal feeding stuffs. 2 The information which may be sought through such observations includes in particular information about— a food premises, food businesses or commercial operations being carried out in relation to food, food sources or contact materials, b agricultural premises, agricultural businesses or agricultural activities, c premises, businesses or operations involved in fish farming, d premises, businesses or operations involved in the production, supply or use of animal feeding stuffs. 3 In this section— “ agricultural activity ” has the same meaning as in the Agriculture Act 1947, “ agricultural business ” has the same meaning as in section 1 of the Farm Land and Rural Development Act 1988, “ agricultural premises ” means any premises used for the purposes of an agricultural business. Powers for persons carrying out observations 21 1 Any member of staff or other individual may, if authorised to do so by Food Standards Scotland, exercise the powers specified in subsection (2) for the purpose of carrying out observations under section 20 in relation to a particular matter. 2 The powers are— a entering premises (other than a dwelling house) at a reasonable time, b taking samples of any articles or substances on the premises, c taking samples from any food source on the premises, d inspecting and copying any information in a recorded form on the premises which relates to a business which is the subject of the observations (and where such information is in electronic form, requiring the information to be produced in a legible form in which it may be copied or taken away), e requiring any person carrying on a business which is the subject of the observations to provide such facilities or information and such other assistance as the authorised person reasonably requests. 3 The reference in subsection (2)(d) to information which relates to a business includes a reference to information which— a relates to the health of a person who has, may have or may come into contact with food or food sources in the course of that person's work for the business, and b was acquired or compiled for the purpose of assessing, or is kept for the purpose of recording, matters affecting the person's suitability for working in the production or supply of food or food sources (including any risks to public health which may arise if the person comes into contact with any food or food source). 4 An authorisation under subsection (1)— a must be in writing, b may include limitations or conditions (including conditions relating to hygiene precautions to be taken while exercising powers in pursuance of the authorisation). 5 The powers specified in subsection (2) may be exercised only if it appears to the authorised person to be necessary to do so for the purpose of carrying out the observations concerned. 6 An authorised person must if so required— a produce evidence of the person's identity and authorisation before exercising a power in pursuance of the authorisation, b provide a document identifying any sample taken, or information copied, under those powers. 7 In this section, “ authorised person ” means a person authorised under subsection (1). Offences in relation to section 21 22 1 Where subsection (2) applies, an authorised person commits an offence if the person makes use of or discloses to any other person any information obtained while on premises entered in exercise of the power in section 21(2)(a). 2 This subsection applies if— a the information relates to a trade secret, and b the information is used or the disclosure is made other than in performance of the authorised person's duty. 3 A person commits an offence if the person— a intentionally obstructs an authorised person in exercising a power in section 21(2)(a), (b), (c) or (d), b fails without reasonable excuse to comply with any requirement imposed under section 21(2)(e), or c in purported compliance with a requirement imposed under section 21(2)(e)— i provides information which the person knows to be false or misleading in a material way, or ii recklessly provides information which is false or misleading in a material way. 4 A person who commits an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 5 In this section, “ authorised person ” means a person authorised under section 21(1). Enforcement action Setting performance standards 23 1 For the purpose of carrying out its function under section 3(1)(e), Food Standards Scotland may determine standards of performance for enforcement authorities in enforcing food legislation. 2 Different standards may be determined in relation to— a different enforcement authorities (or types of enforcement authorities), b different food legislation (or types of food legislation). 3 Food Standards Scotland may vary or revoke any standards determined under subsection (1). Reporting own enforcement activities 24 1 Food Standards Scotland must include in each annual report it prepares a report on— a its activities during the financial year to which the report relates in enforcing any food legislation for which it is the enforcement authority, and b its performance in relation to any standards determined under section 23(1) applying to those activities. 2 In this section, “ annual report ” means a report prepared under section 15(1). Reporting on enforcement action by others 25 1 In consequence of the exercise of its function under section 3(1)(e), Food Standards Scotland may make a report to any enforcement authority on the authority's performance in enforcing any food legislation. 2 A report under subsection (1) may include guidance as to action which Food Standards Scotland considers— a is necessary to enable the enforcement authority to meet any standards determined under section 23(1) which apply, or b otherwise, would help to improve the performance of the authority. 3 Food Standards Scotland may direct an authority to which a report has been made under subsection (1)— a to arrange for the publication (in such manner as may be specified) of— i the report, or ii specified information relating to the report, or b to notify Food Standards Scotland (within such period as may be specified) of what action the authority has taken or proposes to take in response to the report. 4 In subsection (3), “ specified ” means specified in the direction. Power to request information in relation to enforcement action 26 1 For the purpose of carrying out its function under section 3(1)(e) in relation to any enforcement authority, Food Standards Scotland may require a person mentioned in subsection (2)–– a to provide Food Standards Scotland with any information which it has reasonable cause to believe that the person is able to give, or b to make available to Food Standards Scotland for inspection any information in a recorded form which it has reasonable cause to believe is held by that person or is otherwise within that person's control (and where such information is in electronic form, to make it available in a legible form). 2 A requirement under subsection (1) may be imposed on— a the enforcement authority, or any member, officer or employee of the authority, or b a person subject to any duty under food legislation (being a duty enforceable by an enforcement authority) or any officer or employee of such a person. 3 Food Standards Scotland may copy any information made available to it in pursuance of a requirement under subsection (1)(b). Offences in relation to section 26 27 1 A person commits an offence if the person— a fails without reasonable excuse to comply with any requirement imposed under section 26(1), or b in purported compliance with a requirement imposed under section 26(1)— i provides information which the person knows to be false or misleading in a material way, or ii recklessly provides information which is false or misleading in a material way. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Powers for persons monitoring enforcement action 28 1 Any member of staff or other individual may, if authorised to do so by Food Standards Scotland, exercise the powers specified in subsection (2) for the purpose of carrying out the function under section 3(1)(e) in relation to any enforcement authority. 2 The powers are— a entering any premises mentioned in subsection (3) at any reasonable time in order to inspect the premises or anything which may be on them, b taking samples of any articles or substances on the premises, c inspecting and copying any information in a recorded form on the premises (and where such information is in electronic form, requiring the information to be produced in a legible form in which it may be copied or taken away), d requiring any person present on the premises to provide such facilities or information and such other assistance as the authorised person reasonably requests. 3 The premises in relation to which the power in subsection (2)(a) may be exercised are— a any premises occupied by the enforcement authority (but see subsection (4)), b any laboratory (or similar premises) at which work related to the enforcement of any food legislation has been carried out for the enforcement authority, c any other premises (other than a dwelling house) which the authorised person has reasonable cause to believe are premises in respect of which the enforcement powers of the enforcement authority are (or have been) exercisable. 4 Subsection (3)(a) does not apply where the enforcement authority is the Scottish Ministers. 5 An authorisation under subsection (1)— a must be in writing, b may include limitations or conditions (including conditions relating to hygiene precautions to be taken while exercising powers in pursuance of the authorisation). 6 An authorised person must if so required— a produce the authorisation before exercising a power mentioned in subsection (2), b provide a document identifying any sample taken, or information copied, under any of those powers. 7 In this section, “ authorised person ” means a person authorised under subsection (1). Offences in relation to section 28 29 1 Where subsection (2) applies, an authorised person commits an offence if the person makes use of or discloses to any other person any information obtained while on premises entered in exercise of the power in section 28(2)(a). 2 This subsection applies if— a the information relates to a trade secret, and b the information is used or the disclosure is made other than in performance of the authorised person's duty. 3 A person commits an offence if the person— a intentionally obstructs an authorised person in exercising a power in section 28(2)(a), (b) or (c), b fails without reasonable excuse to comply with any requirement imposed under section 28(2)(d), or c in purported compliance with a requirement imposed under section 28(2)(d)— i provides information which the person knows to be false or misleading in a material way, or ii recklessly provides information which is false or misleading in a material way. 4 A person who commits an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 5 In this section, “ authorised person ” means a person authorised under section 28(1). Issuing guidance on food-borne diseases Power to issue guidance on control of food-borne diseases 30 1 Food Standards Scotland may issue to the persons mentioned in subsection (3) guidance about the exercise, generally, of their functions in relation to matters connected with the management of outbreaks (or suspected outbreaks) of food-borne diseases. 2 “ Food-borne diseases ” means diseases of humans which are capable of being caused by the consumption of infected or otherwise contaminated food. 3 The persons referred to in subsection (1) are— a the Scottish Ministers, b public bodies and office-holders. 4 Different guidance may be issued to different persons or for different purposes. 5 Food Standards Scotland must publish any such guidance (in such manner as it considers appropriate). 6 A person to whom any such guidance is issued must have regard to the guidance in exercising any function to which it relates. 7 The power to issue guidance under subsection (1) is without prejudice to the other powers of Food Standards Scotland. 8 The power in subsection (1) includes power to issue revised guidance (and references in this section to guidance are to be construed accordingly). Information sharing Publication and disclosure of advice and information 31 1 Food Standards Scotland may— a publish (in such manner as it considers appropriate), or b disclose to the Scottish Ministers or a public body or office-holder, any material to which this section applies. 2 This section applies to— a any advice given by Food Standards Scotland under section 3, b any information obtained by Food Standards Scotland through— i monitoring under section 3, or ii observations under section 20, or c any other information in the possession of Food Standards Scotland (whatever the source). 3 Subsection (1) does not authorise publication or disclosure of material which— a is prohibited by an enactment, or b would constitute or be punishable as a contempt of court. 4 But, otherwise, the powers in subsection (1) are exercisable free from any prohibition on publication or disclosure (as the case may be) which would apply. 5 Before deciding to exercise a power in subsection (1) in relation to any particular material, Food Standards Scotland must consider whether the public interest in the publication or disclosure of the material concerned is outweighed by any considerations of confidentiality attaching to it. 6 Where the material relates to the performance of enforcement authorities, or particular enforcement authorities, in enforcing food legislation, subsection (5) applies only so far as the material relates to a person other than— a an enforcement authority, or b a member, officer or employee of an enforcement authority acting in that person's capacity as such. Consequential provision Certain functions of Food Standards Agency ceasing to be exercisable 32 1 The relevant functions of the Agency conferred by the 1999 Act cease to be exercisable. 2 In subsection (1), “ relevant functions of the Agency ” has the same meaning as in section 35 of the 1999 Act. PART 2 FOOD AND FEEDING STUFFS Food information Food information 33 After section 15 of the 1990 Act insert— Food information Meaning of “food information” etc. 15A In this Act— a “ food information ” has the same meaning as it has in Regulation ( EU ) No. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers; b “ food information law ” means any enactment relating to food information as the Scottish Ministers may by regulations specify. Contravention of food information law: seizure of food etc. 15B 1 This section applies where it appears to an authorised officer of a food authority, on an inspection carried out under section 9 above or otherwise, that food information law is being, or has been, contravened in relation to any food intended for human consumption which is placed on the market within the meaning of Regulation ( EC ) No. 178/2002 . 2 The authorised officer may— a give notice that, until the notice is withdrawn— i the food, or any specified portion of it, is not to be used for human consumption; and ii the food, or any specified portion of it, and any related food information, or any specified part of it, is not to be removed (or is not to be removed except to some place specified in the notice); or b seize the food and remove it in order to have it dealt with by the sheriff. 3 Notice under subsection (2)(a) above is to be given to— a the person in charge of the food; and b the owner of the food (where not the person in charge of the food). 4 But notice need not be given in pursuance of subsection (3)(b) above if the authorised officer, after making reasonable inquiries, does not know who owns the food. 5 Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above commits an offence. 6 An authorised officer who gives a notice under subsection (2)(a) above must, as soon as is reasonably practicable and in any event within 21 days, determine whether or not food information law has been contravened in relation to the food in respect of which the notice was given. 7 After making a determination under subsection (6) above, the authorised officer must— a if satisfied that food information law has not been contravened, forthwith withdraw the notice; or b if not so satisfied, seize the food and remove it in order to have it dealt with by the sheriff. 8 An authorised officer who seizes and removes food under subsection (2)(b) or (7)(b) above may also— a copy, make extracts of or take away any food information relating to the food that has been seized; b where any such food information is in electronic form, require the information to be produced in a legible form in which it may be copied or taken away. 9 An authorised officer who seizes and removes food under subsection (2)(b) or (7)(b) above must inform the person in charge of the food and the owner of the food (where not the person in charge of the food) of the officer's intention to have it dealt with by the sheriff. 10 But the owner of the food need not be informed in pursuance of subsection (9) above if the authorised officer, after making reasonable inquiries, does not know who owns the food. 11 Any person who might be liable to a prosecution for contravening food information law in relation to any food seized and removed under subsection (2)(b) or (7)(b) above is, if the person attends before the sheriff by whom the food falls to be dealt with, entitled to be heard and to call witnesses. 12 If it appears to the sheriff that food information law has been contravened in relation to any food seized and removed under subsection (2)(b) or (7)(b) above, the sheriff may make such order as the sheriff considers appropriate in respect of the food and any food information relating to it. 13 An order made under subsection (12) above may, in particular, order— a that the food be destroyed or otherwise disposed of so as to prevent it from being used for human consumption; b that any food information relating to the food be modified, destroyed or otherwise disposed of; c that any food which is fit for human consumption (and any related food information, modified as the sheriff considers appropriate) be— i returned to the person who was in charge of the food; or ii distributed to such other person as the sheriff may determine. 14 An order made under subsection (12) above— a must, where the owner of the food is known, require the owner to meet any expenses reasonably incurred in connection with any destruction, modification, disposal, return or distribution of any food or food information which is carried out in pursuance of the order; and b may require the owner of the food to meet any expenses reasonably incurred by the food authority in connection with any action taken by the authorised officer, or otherwise by or on behalf of the authority, in respect of any food or food information to which the order relates. 15 Subsection (16) below applies if— a a notice under subsection (2)(a) above is withdrawn; or b the sheriff refuses to make an order under subsection (12) above in respect of any food seized and removed under subsection (2)(b) or (7)(b) above (or any food information which relates to it). 16 Where this subsection applies, the food authority must compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer. 17 Any disputed question as to the right to or the amount of any compensation payable under subsection (16) above is to be submitted to arbitration for resolution. 18 Until the Arbitration (Scotland) Act 2010 is in force in relation to any arbitration carried out in pursuance of subsection (17) above, that Act applies as if it were in force in relation to that arbitration. Duty to report non-compliance with food information law 15C 1 A food business operator must as soon as reasonably practicable inform Food Standards Scotland if the food business operator— a is, or has been, in charge of any food which is intended for human consumption and has been placed on the market within the meaning of Regulation (EC) No. 178/2002 ; and b considers or has reason to believe that food information law is being contravened in relation to the food. 2 Any person who fails to comply with subsection (1) above shall be guilty of an offence. 3 For the purposes of subsection (1)(a) above, a food business operator is to be treated as being, or having been, in charge of any food which it has— a received; b imported; c produced; d processed; e manufactured; f distributed; or g otherwise placed on the market within the meaning of Regulation (EC) No. 178/2002 . 4 For the purposes of this Act, “ food business operator ” is to be construed in accordance with Article 3 of Regulation (EC) No 178/2002 . Power to obtain information 15D 1 This section applies where a food business operator has informed Food Standards Scotland under section 15C(1) above. 2 The food business operator must as soon as reasonably practicable provide any further information which is reasonably required by Food Standards Scotland which relates to— a the food (and any food information relating to it); b the circumstances which led the food business operator to inform Food Standards Scotland under section 15C(1) above. 3 Any person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence. . Food hygiene information scheme Food hygiene information scheme 34 1 In section 16(1) of the 1990 Act, after paragraph (d) insert— da provision for a food hygiene information scheme; . 2 In Schedule 1 to the 1990 Act, after paragraph 7 insert— 8 1 Provision for the following in connection with a food hygiene information scheme, namely— a for a food authority— i to assess hygienic conditions and practices in food premises; ii to determine food hygiene ratings for food premises (by reference to criteria specified in or determined in accordance with the regulations); iii to give reasons for, and opportunities to comment on, food hygiene ratings; iv to issue certificates which show food hygiene ratings; v to inform Food Standards Scotland about food hygiene ratings; b for notifying the public of food hygiene ratings (for example, by requiring the display of certificates, or other information, in or on food premises, requiring persons involved in a food business to provide information about food hygiene ratings when asked to do so or requiring food authorities or Food Standards Scotland to publish food hygiene ratings); c for the review or appeal of food hygiene ratings; d for the promotion of the scheme. 2 Provision for a food hygiene rating to be based on an assessment of hygienic conditions and practices carried out before the regulations come into force. . Feeding stuffs Regulation of animal feeding stuffs 35 1 The Scottish Ministers may, for the purpose of regulating— a any animal feeding stuff, or b anything done, or which might be done, to, or in relation to, or with a view to the production of, any animal feeding stuff, by order make the provision mentioned in subsection (2). 2 That is provision which— a applies (with or without modifications), or b is equivalent or reasonably similar to, any of the provisions of the 1990 Act (including any power to make orders or regulations or to give directions). 3 But an order under subsection (1) may not make provision creating an offence which is— a punishable with imprisonment for a period of more than 2 years, or b punishable on summary conviction with— i imprisonment for a period of more than 12 months, or ii a fine of more than £20,000. 4 An order under subsection (1) may modify any enactment. 5 Before making an order under subsection (1), the Scottish Ministers must— a have regard to any relevant advice given to them by Food Standards Scotland, and b consult such persons as appear to them to be representative of interests likely to be substantially affected by the order. 6 If it appears to the Scottish Ministers that Food Standards Scotland has consulted any person that the Scottish Ministers are required to consult under subsection (5)(b), the Scottish Ministers may treat that consultation as being effective for the purposes of that subsection as if undertaken by them. PART 3 ADMINISTRATIVE SANCTIONS Fixed penalty notices Fixed penalty notices 36 1 An authorised officer of the appropriate enforcement authority may issue to a person a fixed penalty notice in relation to a relevant offence. 2 In this Part, “ fixed penalty notice ” means a notice offering the person to whom it is issued the opportunity to discharge liability to conviction for the relevant offence in relation to which the notice is issued by paying to the appropriate enforcement authority a specified sum of money. 3 The sum of money is to be treated as paid only if it is paid by such method of payment as the appropriate enforcement authority determines to be acceptable. 4 An authorised officer may issue a fixed penalty notice to a person in relation to a relevant offence only if the officer is satisfied to the specified standard that the person has committed the offence. 5 A sum specified for the purposes of subsection (2) must not exceed level 4 on the standard scale. 6 In this section, “ standard scale ” has the meaning given in section 225(1) of the Criminal Procedure (Scotland) Act 1995. Content and form of a fixed penalty notice 37 1 A fixed penalty notice must include the following information— a a statement of the grounds for issuing the notice, including a statement of— i the relevant offence that is alleged to have been committed, and ii the act or omission giving rise to the offence, b the amount of the sum that is to be paid to the appropriate enforcement authority, c the date of issue of the notice, d an explanation of how payment is to be made to the appropriate enforcement authority, e the period of time within which payment is to be made, f information about any early payment discounts, g information about the person to whom, and as to how and by when, any representations about the notice may be made, h an explanation of the effect of making payment in accordance with the notice and of the consequences of failure to make payment in accordance with the notice. 2 The reference in subsection (1)(e) to the period of time within which payment is to be made is a reference to such period, beginning with the date on which the notice was issued, as may be specified. 3 The Scottish Ministers may by regulations make further provision about the form and content of fixed penalty notices including, in particular— a provision about the form and content of any of the information required to be included under subsection (1), b provision about other information that is to be included in addition to that required under subsection (1). Effect of a fixed penalty notice on criminal proceedings 38 1 Where a fixed penalty notice is issued to a person in relation to a relevant offence— a no criminal proceedings for the relevant offence may be brought against the person in respect of the relevant act or omission before the end of the payment period, and b if the person makes payment in accordance with the notice, the person may not at any time be convicted of the relevant offence in respect of the relevant act or omission. 2 In subsection (1), “ the relevant act or omission ” means the act or omission— a constituting the relevant offence, and b by reason of which the fixed penalty notice is issued. Restrictions on issuing of a fixed penalty notice 39 1 A fixed penalty notice may not be issued to a person in relation to a relevant offence arising out of a particular act or omission if— a a fixed penalty notice has previously been issued to the person (and not withdrawn) in relation to the same relevant offence arising out of the same act or omission, or b criminal proceedings— i have been brought against the person for the same relevant offence arising out of the same act or omission, or ii cannot, because of the expiry of relevant time limits for prosecution, any longer competently be brought against the person for the same relevant offence arising out of the same act or omission. 2 A fixed penalty notice issued in contravention of subsection (1) is of no effect (and, accordingly, the appropriate enforcement authority must repay any amount paid in respect of the notice). Withdrawal of a fixed penalty notice 40 1 An authorised officer of the appropriate enforcement authority may withdraw a fixed penalty notice issued by an authorised officer of the authority. 2 A fixed penalty notice— a may be withdrawn at any time before payment is made in accordance with the notice, and b is withdrawn by the issuing of a notice in writing to that effect to the person to whom the fixed penalty notice was issued. 3 Where a fixed penalty notice is withdrawn, it is to be treated as if it had never been issued. Income from fixed penalties to be paid to the Scottish Ministers 41 1 Sums received by enforcement authorities in response to fixed penalty notices are to be paid over to the Scottish Ministers. 2 Payments by an enforcement authority under subsection (1) are to be made at such times and by such methods as the Scottish Ministers may determine. Compliance notices Compliance notices 42 1 An authorised officer of the appropriate enforcement authority may issue to a person a compliance notice in relation to a relevant offence. 2 A “compliance notice” is a notice requiring the person to whom it is issued to take steps to ensure that the person ceases to commit a relevant offence. 3 An authorised officer may issue a compliance notice to a person in relation to a relevant offence only if the officer is satisfied to the specified standard that the person has committed the offence. Content and form of a compliance notice 43 1 A compliance notice must include the following information— a a statement of the grounds for issuing the notice, including a statement of— i the relevant offence that is alleged to have been committed, and ii the act or omission giving rising to the offence, b details of the steps that are required to be taken to ensure that the person to whom the notice is issued ceases to commit the relevant offence, c the date of issue of the notice, d the period of time within which the required steps are to be taken, e information about the person to whom, and as to how and by when, any representations about the notice may be made, f information about the right of appeal, including the period of time within which an appeal may be made, g an explanation of the effect of complying with the requirements of the notice and of the consequences of failure to comply with those requirements. 2 The reference in subsection (1)(d) to the period of time within which the required steps are to be taken is a reference to such period, beginning with the date on which the notice was issued, as the authorised officer issuing the notice may determine. 3 That period must not be less than the specified period. 4 The Scottish Ministers may by regulations make further provision about the form and content of compliance notices including, in particular— a provision about the form and content of any of the information required to be included under subsection (1), b provision about other information that is to be included in addition to that required under subsection (1). Failure to comply with a compliance notice 44 1 If a person to whom a compliance notice has been issued fails to comply with the notice, the person commits an offence. 2 Where a person to whom a compliance notice has been issued fails to take any step required by the notice, the person does not, by reason of that failure, commit an offence under subsection (1) if— a the person takes other steps to ensure that the person ceases to commit the relevant offence in respect of which the notice was issued, and b an authorised officer of the appropriate enforcement authority notifies the person in writing that those steps are acceptable for the purposes of complying with the notice. 3 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Effect of a compliance notice on criminal proceedings 45 1 Where a compliance notice is issued to a person in relation to a relevant offence— a no criminal proceedings for the relevant offence may be brought against the person in respect of the relevant act or omission before the end of the compliance period, and b if the person— i complies with the requirements of the notice, or ii though failing to comply, does not, by virtue of subsection (2) of section 44, commit an offence under subsection (1) of that section in relation to the notice, the person may not at any time be convicted of the relevant offence in respect of the relevant act or omission. 2 In subsection (1), “ the relevant act or omission ” means the act or omission— a constituting the relevant offence, and b by reason of which the compliance notice is issued. Restrictions on issuing of a compliance notice 46 1 A compliance notice may not be issued to a person in relation to a relevant offence arising out of a particular act or omission if— a a compliance notice has previously been issued to the person (and not withdrawn) in relation to the same relevant offence arising out of the same act or omission, or b criminal proceedings have been brought against the person for the same relevant offence arising out of the same act or omission. 2 A compliance notice issued in contravention of subsection (1) is of no effect. Withdrawal of a compliance notice 47 1 An authorised officer of the appropriate enforcement authority may withdraw a compliance notice issued by an authorised officer of the authority. 2 A compliance notice— a may be withdrawn at any time before completion of the steps that are to be taken to comply with the requirements of the notice, and b is withdrawn by the issuing of a notice in writing to that effect to the person to whom the compliance notice was issued. 3 Where a compliance notice is withdrawn, it is to be treated as if it had never been issued. Appeal against a compliance notice 48 1 A person to whom a compliance notice has been issued may, before the expiry of the relevant period, appeal to a sheriff against the decision to issue the notice. 2 An appeal is to be made by way of summary application. 3 In subsection (1), the “ relevant period ” means— a the period of one month beginning with the date of issue of the compliance notice, or b the compliance period, whichever expires earlier. 4 In an appeal under this section, the sheriff may— a cancel the compliance notice, or b affirm the notice, either with or without modifications. 5 Where an appeal is made under this section, the compliance period is suspended for the period during which the appeal is pending. 6 For the purposes of subsection (5), the appeal is pending until it is finally determined or is withdrawn. General Power to make supplementary etc. provision 49 1 The Scottish Ministers may by regulations make such supplementary, incidental or consequential provision as they consider appropriate in connection with fixed penalty notices and compliance notices and the carrying out by enforcement authorities and their authorised officers of functions under this Part. 2 Regulations under subsection (1) may, in particular, include provision— a facilitating, prohibiting or restricting— i the issuing of a fixed penalty notice or compliance notice in respect of a relevant offence arising out of an act or omission in cases where another sanction has been issued or imposed in respect of the same act or omission, ii the issuing or imposing of another sanction in respect of an act or omission in cases where a fixed penalty notice or compliance notice has been issued in respect of a relevant offence arising out of the same act or omission, b for early payment discounts in relation to fixed penalty notices, c applying with modifications, or making provision equivalent to, any of the following provisions of the 1990 Act— i section 20 (offences due to fault of another person), ii section 21 (defence of due diligence), iii section 30(8) (documentary evidence in proceedings for offences), iv section 32 (powers of entry), v section 33 (obstruction etc. of officers), vi section 34 (time limit for prosecutions), vii section 36 (offences by bodies corporate), viii section 36A (offences by partnerships), ix section 40 (power to issue codes of practice), x section 45 (regulations as to charges), xi section 49(3) to (5) (authentication of documents), xii section 50 (service of documents). 3 Regulations under subsection (1) containing provision referred to in subsection (2)(a) may also make such modifications of sections 38 and 45 as the Scottish Ministers consider necessary or expedient in relation to the case mentioned in subsection (4). 4 That case is where, in consequence of the provision, a person has been issued with both a fixed penalty notice and a compliance notice in relation to the same relevant offence arising out of the same act or omission. 5 But the provision which may be made by virtue of subsection (3) does not include provision which has the effect that the person may still be convicted of the offence if the person both— a makes payment in accordance with the fixed penalty notice, and b complies with the requirements of the compliance notice or though failing to comply, does not, by virtue of subsection (2) of section 44, commit an offence under subsection (1) of that section in relation to the notice. 6 In subsection (2)(a), “ another sanction ” means— a a fixed penalty notice (in relation to a compliance notice), b a compliance notice (in relation to fixed penalty notice), c an improvement notice under section 10 of the 1990 Act, d an emergency prohibition notice or an emergency prohibition order under section 12 of the 1990 Act, and e an emergency control order under section 13 of the 1990 Act. 7 The Scottish Ministers may by regulations modify subsection (6). Regulations 50 1 Before making any regulations under this Part, the Scottish Ministers must— a have regard to any relevant advice given by Food Standards Scotland, and b consult such persons as appear to them to be representative of interests likely to be substantially affected by the regulations. 2 If it appears to the Scottish Ministers that Food Standards Scotland has consulted any person that the Scottish Ministers are required to consult under subsection (1)(b), the Scottish Ministers may treat that consultation as being effective for the purposes of that subsection as if undertaken by them. 3 Subsection (1)(b) does not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002 . Lord Advocate's guidance 51 1 The Lord Advocate may issue guidance to enforcement authorities about the exercise by them, and their authorised officers, of functions under this Part in relation to fixed penalty notices and compliance notices. 2 The Lord Advocate must publish any such guidance (in such manner as the Lord Advocate considers appropriate). 3 Subsection (2) does not apply to the extent that the Lord Advocate considers that publication would, or would be likely to, prejudice— a the effective exercise of the functions of enforcement authorities, or their authorised officers, under this Part, b the prevention or detection of crime, c the apprehension or prosecution of offenders, or d the administration of justice. 4 Enforcement authorities must comply, and ensure that their authorised officers comply, with such guidance in exercising those functions. 5 The power in subsection (1) includes power to issue revised guidance (and references in this section to guidance are to be construed accordingly). Interpretation of Part 52 In this Part— “ appropriate enforcement authority ”, in relation to a relevant offence, means the enforcement authority for the particular enactment under which the offence arises, “ authorised officer ”, in relation to an enforcement authority, means a person (whether or not an officer of the authority) who is authorised by the authority in writing, either generally or specifically, for the purposes of this Part, “ compliance notice ” has the meaning given in section 42(2), “ compliance period ”, in relation to a compliance notice, means the period stated in the notice in accordance with section 43(1)(d), “ fixed penalty notice ” has the meaning given in section 36(2), “ payment period ”, in relation to a fixed penalty notice, means the period stated in the notice in accordance with section 37(1)(e), “ relevant offence ” means a specified offence under food legislation, “ specified ” means specified in regulations made by the Scottish Ministers. PART 4 INTERPRETATION Meanings of “food” and “animal feeding stuffs” 53 1 In this Act— “ food ” has the same meaning as in Regulation (EC) No. 178/2002 (as at 7 December 2004), “ animal feeding stuffs ” means feeding stuffs for any description of animal. 2 The reference in subsection (1) to “ feeding stuffs ” includes any nutritional supplement or other similar substance which is not administered through oral feeding. Meaning of “food matter” 54 In this Act, “ food matter ” means any matter connected with— a health which may arise in relation to the consumption of food, or b other interests of consumers in relation to food. Meaning of “other interests of consumers in relation to food” 55 In this Act, “ other interests of consumers in relation to food ” includes in particular interests in relation to— a the labelling, marking, presentation or advertisement of food, b the descriptions which may be applied to food. Meaning of “animal feeding stuffs matter” 56 1 In this Act, “ animal feeding stuffs matter ” means any matter connected with— a animal health which may arise in connection with the consumption of animal feeding stuffs, or b other interests of users of animal feeding stuffs. 2 “ Other interests of users of animal feeding stuffs ” includes in particular interests in relation to— a the labelling, marking, presentation or advertisement of animal feeding stuffs, b the descriptions which may be applied to animal feeding stuffs. Meaning of “food legislation” 57 1 In this Act, “ food legislation ” means legislation for the time being in force— a relating to food, including in particular legislation relating to— i the protection of the public from risks to health which may arise in connection with the consumption of food, ii the production, processing, importing, exporting or distribution of food, iii the labelling, marking, presentation or advertisement of food, or iv the descriptions which may be applied to food, or b relating to food sources or animal feeding stuffs, but only so far as the legislation relates to food matters. 2 In subsection (1), “ legislation ” means any enactment, or any obligation or restriction to which section 2(1) of the European Communities Act 1972 applies. General interpretation 58 1 In this Act— “ the 1990 Act ” means the Food Safety Act 1990, “ the 1999 Act ” means the Food Standards Act 1999, “ advertisement ” includes— any notice, circular, label, wrapper, invoice or other document, any public announcement made orally or by any means of producing images or sound, “ article ” includes a live fish which is used for human consumption while it is alive, but does not otherwise include a live animal, “ business ” includes (except in “agricultural business”)— a canteen, club, school, hospital or institution, whether carried on for profit or not, an undertaking or activity carried on by a public body or office-holder, “ commercial operation ” means— in relation to food or contact material— selling, possessing for sale or offering, exposing or advertising for sale, consigning, delivering or serving by way of sale, preparing for sale (including packaging) or presenting, labelling or wrapping for the purpose of sale or for purposes connected with sale, storing or transporting for the purpose of sale, importing or exporting, in relation to a food source, deriving food from it for the purpose of sale or purposes connected with sale, “ contact material ” means any article or substance which is intended to come into contact with food, “ enforcement authority ” means an authority having functions under food legislation in relation to the enforcement of food legislation, “ food business ” means any business in the course of which commercial operations with respect to food or food sources are carried out, “ food premises ” means any premises used for the purposes of a food business, “ food source ” means any growing crop or live animal from which food is intended to be derived (by, for example, harvesting, killing, milking or collecting eggs), “ premises ” includes any place, vehicle, stall or moveable structure (and, for this purpose, “ vehicle ” includes any aircraft or ship, boat or other water-going vessel, other than one of a description specified by the Scottish Ministers by order), “ presentation ”, in relation to food, includes the shape, appearance and packaging of the food, the way in which the food is arranged when it is exposed for sale and the setting in which the food is displayed with a view to sale, but does not include any form of labelling or advertising, “ Regulation (EC) No. 178/2002 ” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, “sale” has the extended meaning given by section 2 of the 1990 Act (and “ selling ” is to be construed accordingly), “ substance ” includes any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour, “ undischarged bankrupt ” means a person— whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force), who has granted a trust deed for, or made a composition or arrangement with, creditors and has not been discharged in respect of it, who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 , the Bankruptcy (Scotland) Act 2016 or the Insolvency Act 1986, who is the subject of a bankruptcy restrictions undertaking entered into under that Act of 1985 or that Act of 1986 , who has been adjudged bankrupt and has not been discharged, or who is subject to any other kind of arrangement or undertaking, anywhere in the world, which is analogous to those described in paragraphs (a) to (d). 2 The reference in subsection (1) to preparing for sale is to be construed, in relation to a contact material, as a reference to manufacturing or producing for sale. 3 Before making an order under subsection (1) (see the definition of “premises”), the Scottish Ministers must— a have regard to any relevant advice given by Food Standards Scotland, and b consult such persons as appear to them to be representative of interests likely to be substantially affected by the order. 4 If it appears to the Scottish Ministers that Food Standards Scotland has consulted any person that the Scottish Ministers are required to consult under subsection (3)(b), the Scottish Ministers may treat that consultation as being effective for the purposes of that subsection as if undertaken by them. PART 5 FINAL PROVISIONS Modification of enactments 59 The schedule (which makes minor amendments to enactments and otherwise modifies enactments for the purposes of or in consequence of this Act) has effect. Subordinate legislation 60 1 Each power of the Scottish Ministers to make an order or regulations under this Act includes power— a to make different provision for different purposes, b to make any supplementary, incidental, consequential, transitory, transitional or saving provision which they consider appropriate. 2 The following are subject to the affirmative procedure— a an order under section 35(1), b regulations under section 49(1) which modify section 38 or 45, c regulations under section 49(7), d an order under section 61 which adds to, replaces or omits any part of the text of this or any other Act. 3 All other orders and regulations under this Act are subject to the negative procedure. 4 Subsections (1) and (3) do not apply to an order under section 63(2). Ancillary provision 61 The Scottish Ministers may by order make— a any supplementary, incidental or consequential provision which they consider appropriate for the purposes of, or in connection with, or for the purposes of giving full effect to, any provision made by, or by virtue of, this Act, b any transitional, transitory or saving provision which they consider appropriate for the purposes of, or in connection with, the coming into force of any provision of this Act. Crown application 62 1 Nothing in this Act affects Her Majesty in Her personal capacity. 2 The Crown is not criminally liable in respect of any contravention of a relevant provision. 3 But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown in contravention of a relevant provision. 4 Despite subsection (2), a relevant provision applies to persons in the public service of the Crown as it applies to other persons. 5 In this section, “ relevant provision ” means provision in or under this Act. Commencement 63 1 This Part (except section 59) comes into force on the day after Royal Assent. 2 The rest of this Act comes into force on such day as the Scottish Ministers appoint by order. 3 Such an order may include transitional, transitory or saving provision. Short title 64 The short title of this Act is the Food (Scotland) Act 2015. SCHEDULE MODIFICATION OF ENACTMENTS (introduced by section 59) Agriculture Act 1947 1 In section 80 of the Agriculture Act 1947, after paragraph (e) insert— f to Food Standards Scotland for purposes connected with the carrying out of any of its functions, . Food and Environment Protection Act 1985 2 1 The Food and Environment Protection Act 1985 is amended as follows. 2 In section 1(12) the words “or is made on their behalf by the Food Standards Agency in accordance with an arrangement made under section 17 of the Food Standards Act 1999” are repealed. 3 In section 2, after subsection (6) insert— 7 In the application of this section to Scotland, the references to the Food Standards Agency are to be ignored. . Food Safety Act 1990 3 1 The 1990 Act is amended as follows. 2 In section 6, after subsection (4) insert— 4A In the application of subsections (3) and (4) to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland. . 3 In section 13, after subsection (7) insert— 8 In the application of this section to Scotland, the references to the Food Standards Agency are to be ignored. . 4 In section 33— a in subsection (2), after “with” insert “ section 15C(1) above or ” , b in subsection (3), after “subsection (1)(b)” insert “ , section 15C(1) or section 15D(2) ” . 5 In section 34, for “section 35(2)” substitute “ section 35(A1), (A2) or (2) ” . 6 In section 35, before subsection (1) insert— A1 A person guilty of an offence under section 15B(5) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. A2 A person guilty of an offence under section 15C(2) or 15D(3) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. . 7 In section 35, after subsection (1) insert— 1A A person guilty of an offence under section 33(2), in so far as it relates to section 15C(1) or 15D(2), shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. . 8 In section 40, after subsection (5) insert— 6 In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland. . 9 In section 41— a the existing provision becomes subsection (1), b after that subsection insert— 2 In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland. . 10 In section 42, after subsection (1) insert— 1A In the application of subsection (1) to Scotland, the reference to the Food Standards Agency is to be read as a reference to Food Standards Scotland. . 11 In section 48, after subsection (5) insert— 6 In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland. . 12 In section 53(2), after the entry for “food business” insert the following entries— food information section 15A food information law section 15A . Environmental Protection Act 1990 4 1 The Environmental Protection Act 1990 is amended as follows. 2 In section 108, after subsection (10) insert— 11 In the application of this section to Scotland, the reference in subsection (7) to the Food Standards Agency is to be read as a reference to Food Standards Scotland. . 3 In section 111, after subsection (11) insert— 12 In the application of this section to Scotland, the reference in subsection (7) to the Food Standards Agency is to be read as a reference to Food Standards Scotland. . 4 In section 126, after subsection (8) insert— 9 In the application of this section to Scotland, the reference in subsection (8) to the Food Standards Agency is to be read as a reference to Food Standards Scotland. . Radioactive Substances Act 1993 5 1 The Radioactive Substances Act 1993 is amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In section 25, after subsection (3A) insert— 3B In the application of this section to Scotland, the references in subsection (3A) to the Food Standards Agency are to be read as references to Food Standards Scotland. . Environment Act 1995 6 In section 42 of the Environment Act 1995, after subsection (11) insert— 12 In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland. . Food Standards Act 1999 7 1 The 1999 Act is amended as follows. 2 The following sections are repealed— section 17, section 27, section 30. 3 In section 43— a in subsection (5), after “Scotland” insert “ (subject to subsection (6)) ” , b after subsection (5), insert— 6 Sections 17, 27 and 30 do not extend to Scotland. . Water Environment and Water Services (Scotland) Act 2003 8 In section 11(6)(fa) of the Water Environment and Water Services (Scotland) Act 2003, for “the Food Standards Agency” substitute “ Food Standards Scotland ” . Gaelic Language (Scotland) Act 2005 9 Section 10(3) of the Gaelic Language (Scotland) Act 2005 is repealed. Regulatory Reform (Scotland) Act 2014 10 In schedule 1 to the Regulatory Reform (Scotland) Act 2014, the entry for the Food Standards Agency is repealed. S. 17 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 32 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 33 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 34 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 35 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 49 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 1 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 2 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 3 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 4 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 5 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 6 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 7 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 8 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 9 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 10 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 11 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 12 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 13 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 14 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 15 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 16 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 18 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 19 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 20 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 21 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 22 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 23 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 24 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 25 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 26 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 27 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 28 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 29 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 30 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 31 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 36 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 37 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 38 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 39 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 40 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 41 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 42 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 43 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 44 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 45 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 46 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 47 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 48 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 50 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 51 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 52 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 53 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 54 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 55 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 56 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 57 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 58 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 S. 59 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 Sch. para. 10 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 Sch. para. 7 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 Sch. para. 3 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 Sch. para. 1 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 Sch. para. 2 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 Sch. para. 4 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 Sch. para. 5 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 Sch. para. 6 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 Sch. para. 8 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 Sch. para. 9 in force at 1.4.2015 by S.S.I. 2015/99 , art. 2 Words in s. 58(1) inserted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21) , s. 237(2) , sch. 8 para. 28(a) (with ss. 232 , 234(3) , 235 , 236 ); S.S.I. 2016/294 , reg. 2 Words in s. 58(1) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21) , s. 237(2) , sch. 8 para. 28(b) (with ss. 232 , 234(3) , 235 , 236 ); S.S.I. 2016/294 , reg. 2 Sch. paras. 5(2) (3) repealed (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219) , reg. 1 , sch. 7 para. 1 (with reg. 78 , sch. 5 para. 2 )
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[uk-legislation-asp][asp] 2024-05-04 Historic Environment Scotland Act 2014
http://www.legislation.gov.uk/asp/2014/19/2017-04-01
http://www.legislation.gov.uk/asp/2014/19/2017-04-01 Historic Environment Scotland Act 2014 An Act of the Scottish Parliament to establish Historic Environment Scotland; to make minor amendments to the law relating to the historic environment; and for connected purposes. text text/xml en Statute Law Database 2017-06-30 Expert Participation 2017-04-01 Historic Environment Scotland Act 2014 2014 asp 19 An Act of the Scottish Parliament to establish Historic Environment Scotland; to make minor amendments to the law relating to the historic environment; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 4th November 2014 and received Royal Assent on 9 December 2014 PART 1 HISTORIC ENVIRONMENT SCOTLAND Establishment Historic Environment Scotland 1 1 A body corporate to be known as Historic Environment Scotland (in Gaelic, Àrainneachd Eachdraidheil na h-Alba) is established. 2 Historic Environment Scotland has the functions conferred on it by or under this Act and any other enactment. 3 Schedule 1 makes further provision about the status, membership, procedures and powers of Historic Environment Scotland. General functions Functions of Historic Environment Scotland 2 1 Historic Environment Scotland has the general function of investigating, caring for and promoting Scotland's historic environment. 2 In exercising its general function, Historic Environment Scotland has the following particular functions— a identifying and recording the historic environment, b understanding and interpreting the historic environment, c learning about, and educating others about, the historic environment, d protecting and managing the historic environment, e conserving and enhancing the historic environment. 3 Historic Environment Scotland also has the function of managing its collections as a national resource for reference, study and research. 4 In exercising that function, Historic Environment Scotland has the following particular functions— a preserving, conserving and developing its collections, b making the collections accessible to the public and to persons wishing to carry out study and research, c exhibiting and interpreting objects in the collections. 5 Historic Environment Scotland, in exercising its functions, is to do so with a view to— a encouraging education and research, b promoting and contributing to understanding and enjoyment of the historic environment and of its collections, c promoting the diversity of persons accessing the historic environment and its collections, d offering and promoting leadership in relation to the historic environment, e working in collaboration with other persons (whether in partnership or in other ways), f contributing, as appropriate, to the development and delivery of policies and strategies in relation to the historic environment. 6 Historic Environment Scotland may support and assist any other person exercising functions in relation to the historic environment of a similar nature to its functions. 7 Support and assistance under subsection (6) may take the form of financial support and assistance. 8 In exercising its functions, Historic Environment Scotland must have regard— a to any relevant policy or strategy published by the Scottish Ministers, and b as may be appropriate in the circumstances, to the interests of local communities. Functions in relation to property Delegation of functions in relation to properties in care 3 1 The Scottish Ministers may, to such extent and subject to such conditions as they consider appropriate, delegate the exercise of any of their functions in relation to properties in care to— a Historic Environment Scotland, b any prescribed person Ministers consider appropriate. 2 Subsection (1) does not apply to any function of making, confirming or approving subordinate legislation. 3 A function arising from an agreement may be delegated under subsection (1) despite any prohibition or restriction in the agreement on delegation of the function. 4 A delegation under subsection (1) may be made in relation to a particular property in care, a group of properties in care or all properties in care. 5 Where a function delegated under subsection (1) relates to the making or receiving of charges of any kind, any revenue received as a result of the exercise of that function is revenue of the person to whom the function is delegated unless provision to the contrary is made in the delegation. 6 The delegation of a function under subsection (1) does not affect— a the ability of the Scottish Ministers to exercise the function, b their responsibility for that function. 7 Delegations under subsection (1)— a must be in writing, b may be varied or revoked at any time. 8 The Scottish Ministers must publish delegations under subsection (1). 9 In this section— “ functions ” includes functions— conferred by or under this Act or any other enactment, or arising from any agreement, “ prescribed ”, in relation to a person to whom the Scottish Ministers may delegate functions under subsection (1)(b), means prescribed by Ministers by order, “ property in care ” has the meaning given by section 4. Properties in care 4 1 The Scottish Ministers must compile and maintain a list of properties in care in relation to which they may delegate functions under section 3(1). 2 The Scottish Ministers may modify the list compiled and maintained under subsection (1) by— a including a property in the list, b removing a property from the list. 3 The Scottish Ministers must publish the list compiled and maintained under subsection (1). 4 In this section “ property in care ” means— a any heritable property which is of historical, archaeological, architectural or cultural significance or interest, and b which is owned or occupied by, under the guardianship of, or otherwise under the management and control of the Scottish Ministers. Power of entry to investigate the historic environment 5 1 A person authorised in writing by Historic Environment Scotland may at any reasonable time enter any land for the purpose of inspecting the land (including any building or other structure on the land) with a view to identifying and recording any matters of historical, archaeological, architectural or cultural significance or interest. 2 But an authorised person may not enter— a any land which is occupied unless at least 14 days' notice of the intended entry has been given to the occupier, b any building or part of a building occupied as a dwelling house without the consent of the occupier. 3 An authorised person may, on entering any land, take with the person— a any other person the authorised person considers appropriate, and b any equipment or materials required for any purpose for which the power of entry is being exercised. 4 A person seeking to enter any land in exercise of the power of entry under this section must, if so required by or on behalf of the owner or occupier of the land, produce evidence of the person's authority before entering. 5 A person commits an offence if the person without reasonable excuse intentionally obstructs a person exercising the power of entry under this section. 6 A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Functions in relation to collections and objects Acquisition, deposit and disposal of objects 6 1 Historic Environment Scotland may— a acquire (by purchase, exchange or gift), b accept on deposit, any object which it considers it is desirable to add to its collections. 2 The powers in subsection (1) are in addition to any other powers or means of acquisition or acceptance on deposit that Historic Environment Scotland has. 3 Historic Environment Scotland may dispose of any object from its collections (including any object it has created) if— a the object is a duplicate of, or similar to, another object in the collections, b Historic Environment Scotland considers that the object is not required for the purposes of the collections, c because of damage, deterioration or infestation by destructive organisms, the object is no longer of use for the purposes of the collections, d the object is hazardous, e in any other case, the Scottish Ministers agree to the disposal. 4 Disposal under subsection (3) may be by sale, exchange, gift, return or destruction. 5 The power in subsection (3) is in addition to any other powers of disposal that Historic Environment Scotland has. 6 Where an object is subject to a prohibition or restriction on disposal (including one imposed by virtue of paragraph 5(5) of schedule 5), Historic Environment Scotland may dispose of the object under subsection (3) in a manner inconsistent with the prohibition or restriction only— a if the person having the right to enforce the prohibition or restriction consents, b in the circumstances mentioned in subsection (3)(c), if Historic Environment Scotland is unable, despite taking all reasonable steps, to ascertain the name and contact details of any person having that right, or c in the circumstances mentioned in subsection (3)(d). 7 In this section and in section 7, references to Historic Environment Scotland's collections are to collections which are owned by, in the custody of, or otherwise under the management and control of Historic Environment Scotland (but do not include collections in relation to which Historic Environment Scotland has functions by virtue of a delegation by the Scottish Ministers under section 8). Borrowing and lending of objects 7 1 Historic Environment Scotland may borrow or accept loans of objects for the purposes of exhibition, study or research or in connection with the exercise of any of its functions. 2 Historic Environment Scotland may lend any object from its collections (including any object it has created). 3 In deciding whether or not to lend an object (and in determining the period for which and the conditions on which the object is to be lent), Historic Environment Scotland is to have regard to— a the interests of users of the collections, b the suitability of the prospective borrower, c the purpose of the loan, d the physical condition and degree of rarity of the object, e any risk to which the object is likely to be exposed and the extent to which that risk can be mitigated or indemnified. 4 The powers in subsections (1) and (2) are in addition to any other powers of borrowing, accepting loans or lending that Historic Environment Scotland has. 5 Where an object is subject to a prohibition or restriction on lending (including one imposed by virtue of paragraph 5(5) of schedule 5), Historic Environment Scotland may lend the object under subsection (2) in a manner inconsistent with the prohibition or restriction only if— a the person having the right to enforce the prohibition or restriction consents, or b Historic Environment Scotland is unable, despite taking all reasonable steps, to ascertain the name and contact details of any person having that right. Delegation of functions in relation to collections 8 1 The Scottish Ministers may, to such extent and subject to such conditions as they consider appropriate, delegate the exercise of any of their functions in relation to their collections to— a Historic Environment Scotland, b any prescribed person Ministers consider appropriate. 2 A function arising from an agreement may be delegated under subsection (1) despite any prohibition or restriction in the agreement on delegation of the function. 3 A delegation under subsection (1) may be made in relation to— a a particular collection, a group of collections or all collections, b a particular object in a collection or a group of objects. 4 Where a function delegated under subsection (1) relates to the making or receiving of charges of any kind, any revenue received as a result of the exercise of that function is revenue of the person to whom the function is delegated unless provision to the contrary is made in the delegation. 5 The delegation of a function under subsection (1) does not affect— a the ability of the Scottish Ministers to exercise the function, b their responsibility for that function. 6 Delegations under subsection (1)— a must be in writing, b may be varied or revoked at any time. 7 The Scottish Ministers must publish delegations under subsection (1). 8 In this section— references to the Scottish Ministers' collections are to collections which are owned by, in the custody of, or otherwise under the management and control of the Scottish Ministers, “ functions ” includes functions— conferred by or under this Act or any other enactment, or arising from any agreement, “ prescribed ”, in relation to a person to whom the Scottish Ministers may delegate functions under subsection (1)(b), means prescribed by Ministers by order. Corporate planning Corporate plan 9 1 Historic Environment Scotland must, before the beginning of each planning period, prepare a corporate plan and submit it for approval to the Scottish Ministers. 2 The corporate plan must set out— a Historic Environment Scotland's main objectives for the planning period, b the outcomes by reference to which the achievement of the main objectives may be measured, and c the activities which Historic Environment Scotland expects to undertake during the planning period. 3 The Scottish Ministers may approve the corporate plan subject to such modifications as may be agreed between them and Historic Environment Scotland. 4 If the Scottish Ministers approve a corporate plan, Historic Environment Scotland must— a publish the plan as it considers appropriate, and b lay a copy of the plan before the Scottish Parliament. 5 During the planning period to which a corporate plan relates, Historic Environment Scotland may review the plan and submit a revised corporate plan to the Scottish Ministers for approval. 6 Subsections (2) to (4) apply to a revised corporate plan as they apply to a corporate plan. 7 In this section “ planning period ” means— a a first period specified by the Scottish Ministers by order, and b each subsequent period of 3 years. 8 The Scottish Ministers may by order substitute for the period for the time being specified in subsection (7)(b) such other period as they consider appropriate. Grants and loans Grants to Historic Environment Scotland by the Scottish Ministers 10 1 The Scottish Ministers may make grants to Historic Environment Scotland. 2 In addition to any grants made under subsection (1), the Scottish Ministers may make grants to Historic Environment Scotland for particular purposes. 3 Grants under this section are subject to such terms and conditions (including as to repayment) as the Scottish Ministers may determine. Grants and loans by Historic Environment Scotland 11 1 Historic Environment Scotland may make grants and loans to such persons as it considers appropriate— a for the purposes of, or in connection with, the exercise of its functions, b where it appears to be conducive to the exercise of its functions. 2 A grant or loan under subsection (1) is subject to such terms and conditions (including as to repayment) as Historic Environment Scotland may determine. 3 A grant or loan under subsection (1) must be in accordance with any general authorisation given by the Scottish Ministers to Historic Environment Scotland as to the making of such grants and loans. Advice and directions Advice, information and assistance 12 1 Historic Environment Scotland must provide the Scottish Ministers with advice, information and assistance on any matter relating to its functions when, and in the manner, Ministers require. 2 Historic Environment Scotland may provide such advice, information and assistance at any other time. 3 Historic Environment Scotland may provide advice, information and assistance relating to the historic environment to any other person. Directions and guidance 13 1 The Scottish Ministers may give Historic Environment Scotland directions (of a general or specific nature) about the exercise of its functions. 2 But the Scottish Ministers may not give Historic Environment Scotland directions as to the exercise of its functions in relation to— a any particular historic property, collection or object, b the making of grants or loans under section 11. 3 Subsection (2)(a) does not apply in relation to the exercise of functions which Historic Environment Scotland has by virtue of a delegation by the Scottish Ministers under section 3 or 8. 4 Historic Environment Scotland must— a comply with any directions given to it by the Scottish Ministers under this section, b have regard to any guidance issued by the Scottish Ministers in relation to the exercise of its functions. 5 A direction under this section is to be given in writing. 6 The Scottish Ministers must publish directions given or guidance issued under this section. 7 The Scottish Ministers may vary or revoke any direction given under this section. 8 In subsection (2)(a) “ historic property ” means a heritable property which is of historical, archaeological, architectural or cultural significance or interest. Interpretation Interpretation of Part 1 14 In this Part— “ collection ” means a collection of objects, “ object ” means an object, document or other thing having historical, archaeological, architectural or cultural significance or interest relating to the historic environment generally or with particular reference to Scotland, and “ property in care ” has the meaning given by section 4. PART 2 FUNCTIONS IN RELATION TO SCHEDULED MONUMENTS Historic Environment Scotland's functions in relation to scheduled monuments 15 Schedule 2 makes provision for Historic Environment Scotland's functions in relation to scheduled monuments (within the meaning of the 1979 Act) as well as making other modifications as follows— Part 1 has the effect of conferring on Historic Environment Scotland the function of compiling and maintaining the schedule of monuments under the 1979 Act, Part 2— has the effect of conferring on Historic Environment Scotland functions in relation to the grant, modification and revocation of scheduled monument consents, modifies the functions of the Scottish Ministers in relation to modification and revocation of such consents, and makes other consequential modifications, including to the procedure for applications for the grant, modification and revocation of such consents, Part 3 has the effect of conferring on Historic Environment Scotland functions in relation to scheduled monument enforcement notices, Part 4 has the effect of conferring on Historic Environment Scotland functions in relation to stop notices and temporary stop notices, Part 5 makes provision— for appeals from decisions of Historic Environment Scotland to the Scottish Ministers, and for the referral of applications for and related to scheduled monument consent from Historic Environment Scotland to the Scottish Ministers, Part 6 has the effect of conferring on Historic Environment Scotland the function of compiling and maintaining the inventory of gardens and designed landscapes and the inventory of battlefields, Part 7 makes other modifications of the 1979 Act in relation to Historic Environment Scotland's functions under that Act. PART 3 FUNCTIONS IN RELATION TO LISTING AND CONSERVATION Historic Environment Scotland's functions in relation to listed buildings 16 Schedule 3 makes provision for Historic Environment Scotland's functions in relation to listed buildings and conservation areas (within the meaning of the 1997 Act) as well as making other modifications as follows— Part 1 has the effect of conferring on Historic Environment Scotland the function of compiling or approving lists of buildings of special architectural or historic interest, Part 2 has the effect of conferring on Historic Environment Scotland functions in relation to the grant, modification and revocation of listed building consent, Part 3 has the effect of conferring on Historic Environment Scotland functions in relation to conservation areas, Part 4 makes provision for appeals from decisions of Historic Environment Scotland to the Scottish Ministers, Part 5 makes other modifications of the 1997 Act in relation to Historic Environment Scotland's functions under that Act. PART 4 FUNCTIONS IN RELATION TO THE MARINE ENVIRONMENT Historic Environment Scotland's functions in relation to the marine environment 17 Schedule 4 modifies the Marine (Scotland) Act 2010 (asp 5) to make provision for Historic Environment Scotland's functions in relation to the marine environment. PART 5 DISSOLUTION OF RCAHMS AND TRANSFER OF STAFF ETC. TO HISTORIC ENVIRONMENT SCOTLAND Dissolution of RCAHMS 18 The Royal Commission on the Ancient and Historical Monuments of Scotland is dissolved. Transfer of staff and property to Historic Environment Scotland 19 Schedule 5 contains provision about the transfer to Historic Environment Scotland of staff and property of the Royal Commission on the Ancient and Historical Monuments of Scotland and of the Executive Agency of the Scottish Ministers known as Historic Scotland. PART 6 FURTHER MODIFICATIONS IN RELATION TO THE HISTORIC ENVIRONMENT Grants and loans Grants and loans by the Scottish Ministers 20 1 The Historic Buildings and Ancient Monuments Act 1953 (c.49) is amended as follows. 2 In section 4 (grants for preservation of historic buildings etc. )— a in subsection (1) “outstanding” in each place is repealed, b after that subsection insert— 1A The power conferred by subsection (1) to make grants for the purposes mentioned includes power to make loans for those purposes. , c in subsection (3) after “grant” in both places insert “ or loan ” , d after subsection (4) insert— 5 A grant or loan made under this section is to be made on such terms and conditions (including as to repayment and, in the case of a loan, payment of interest) as the Scottish Ministers may determine. , e the title to the section becomes “ Grants and loans for preservation of historic buildings etc. ” . 3 In the 1979 Act, in section 45A (grants and loans for the development and understanding of matters of historic etc. interest) subsection (3) is repealed. Scheduled monuments Local inquiries in relation to scheduled monuments etc. 21 1 The 1979 Act is amended as follows. 2 After section 23 (annual reports of Ancient Monuments Boards) insert— Local inquiries Local inquiries 23A 1 The Scottish Ministers may hold a local inquiry for the purposes of the exercise of any of their functions under this Part of this Act. 2 The Scottish Ministers must appoint a person to hold the inquiry and to report on it to them. 3 Subsections (4) to (13) of section 265 of the Town and Country Planning (Scotland) Act 1997 (c.8) apply to an inquiry held by virtue of subsection (1) as they apply to an inquiry held by virtue of subsection (1) of that section. Local inquiries: further provision 23B 1 The Scottish Ministers may by regulations make provision as to the procedure to be followed in connection with inquiries or hearings conducted under or by virtue of this Act. 2 Regulations under subsection (1) may in particular make provision— a about the notification of an inquiry or hearing, b about the manner in which an inquiry or hearing is to be conducted, c as to procedure in connection with matters preparatory to such inquiries or hearings and in connection with matters subsequent to them. . Listed buildings Meaning of “listed building” 22 1 The 1997 Act is amended as follows. 2 In section 1 (listing of buildings of special architectural or historic interest)— a in subsection (4) after “shall” insert “ , subject to subsection (4A), ” , b after that subsection insert— 4A In a list compiled or approved under this section, an entry for a building may provide— a that an object or structure mentioned in subsection (4)(a) or (b) is not to be treated as part of the building for the purposes of this Act, b that any part or feature of the building is not of special architectural or historic interest. . Applications for listed building consent 23 1 The 1997 Act is amended as follows. 2 In section 12 (duty to notify Scottish Ministers of applications)— a in subsection (1) after “shall” insert “ , where subsection (1A) applies, ” , b after that subsection insert— 1A This subsection applies where— a regulations, or b directions given to planning authorities by the Scottish Ministers, provide that the application must be so notified. 1B Directions under subsection (1A)(b) may be given to— a planning authorities generally, b a particular planning authority, or c a description of planning authority. . 3 In section 13 (directions concerning notification of applications etc.)— a subsections (1) and (2) are repealed, b in subsection (4) “(1) or” is repealed. 4 In section 14 (decision on application for listed building consent) after subsection (2) insert— 2A A planning authority, if minded to grant listed building consent for any works— a must consider imposing a condition specified in, or of a nature indicated in, directions given to them by the Scottish Ministers, and b must not grant such consent without first satisfying the Scottish Ministers that such consideration has been given and that such a condition either will be imposed or is not needed. . Conservation areas Control of demolition 24 1 The 1997 Act is amended as follows. 2 In section 66 (control of demolition in conservation areas) in subsection (2) for paragraphs (a) and (b) substitute— a the planning authority, or b the Scottish Ministers. . PART 7 FINAL PROVISIONS Interpretation Interpretation 25 In this Act— “ 1979 Act ” means the Ancient Monuments and Archaeological Areas Act 1979 (c.46), “ 1997 Act ” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9). Subordinate legislation Subordinate legislation 26 1 Orders under this Act are subject to the negative procedure. 2 Subsection (1) does not apply to— a orders for which provision is made in subsection (3), b orders under section 31(2). 3 Orders under— a section 3(9), b section 8(8), c section 27(1) which add to, replace or omit the text of an Act, are subject to the affirmative procedure. Ancillary provision Ancillary provision 27 1 The Scottish Ministers may by order make such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider appropriate for the purposes of, in connection with, or for giving full effect to, this Act or any provision of it. 2 An order under subsection (1) may modify any enactment (including this Act). Consequential modifications Consequential modifications 28 Schedule 6 contains amendments and repeals consequential on the establishment of Historic Environment Scotland. Crown application Crown application: criminal offences 29 1 No contravention by the Crown of section 5(5) makes the Crown criminally liable. 2 But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention. 3 Despite subsection (1), this Act applies to persons in the public service of the Crown as it applies to other persons. Crown application: powers of entry 30 1 A power of entry conferred by or under this Act is exercisable in relation to Crown land only with the consent of the appropriate authority. 2 The following table determines what is “Crown land” and who the “appropriate authority” is in relation to each kind of Crown land. Crown land Appropriate authority Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown estate The Crown Estate Commissioners Other land an interest in which belongs to Her Majesty in right of the Crown The office-holder in the Scottish Administration or the Government department having the management of the land or the relevant person Land an interest in which belongs to Her Majesty in right of Her private estates The person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers Land an interest in which belongs to an office-holder in the Scottish Administration The relevant office-holder in the Scottish Administration Land an interest in which belongs to a Government department The relevant Government department Land an interest in which is held in trust for Her Majesty for the purposes of the Scottish Administration The relevant office-holder in the Scottish Administration Land an interest in which is held in trust for Her Majesty for the purposes of a Government department The relevant Government department 3 “ Government department ” means a department of the Government of the United Kingdom. 3A “Relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land. 4 References to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37). Commencement and short title Commencement 31 1 This section and sections 25 to 27, 29, 30 and 32 come into force on the day after Royal Assent. 2 The other 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. Short title 32 The short title of this Act is the Historic Environment Scotland Act 2014. SCHEDULE 1 HISTORIC ENVIRONMENT SCOTLAND (introduced by section 1(3)) Status 1 1 Historic Environment Scotland is not a servant or agent of the Crown. 2 It does not enjoy any status, immunity or privilege of the Crown. 3 Its property is not property of, or property held on behalf of, the Crown. 4 Its members and staff are not to be regarded as civil servants. Membership 2 1 Historic Environment Scotland is to consist of no fewer than 10 and no more than 15 persons appointed by the Scottish Ministers as members. 2 The Scottish Ministers are to appoint one of those members to chair Historic Environment Scotland. 3 The Scottish Ministers must appoint as members only persons who they consider to have the skills and expertise relevant to the functions of Historic Environment Scotland. 4 The Scottish Ministers must, when making appointments under sub-paragraph (1), do so in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements. 5 A member holds and vacates office in accordance with terms and conditions determined by the Scottish Ministers. 6 A member may resign by written notice to the Scottish Ministers. 7 The Scottish Ministers may reappoint as a member a person who is (or has been) a member. 8 The Scottish Ministers may by order amend sub-paragraph (1) to substitute for the minimum or maximum number of members for the time being specified such other number or numbers of members. 9 In sub-paragraph (4) “ equal opportunities ” and “ equal opportunity requirements ” have the same meanings as in Section L2 (equal opportunities) of Part II of schedule 5 to the Scotland Act 1998 (c.46). Persons disqualified from membership 3 The following persons may not be appointed as (and may not continue to be) members of Historic Environment Scotland— a members of the House of Commons, b members of the House of Lords, c members of the Scottish Parliament, d members of the European Parliament. Removal of members 4 1 The Scottish Ministers may, by written notice, revoke the appointment of a person as a member of Historic Environment Scotland if— a the person becomes insolvent, b the person has been absent, without reasonable excuse, from 3 consecutive meetings of Historic Environment Scotland, c the person is otherwise unfit to be a member or unable for any reason to discharge the person's functions as member. 2 A person becomes insolvent when— a the person's estate is sequestrated, b the person grants a trust deed for creditors or makes a composition or arrangement with creditors, c a voluntary arrangement proposed by the person is approved, d the person's application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), e the person is adjudged bankrupt, or f the person becomes subject to any other kind of order or arrangement analogous to those described in paragraphs (a) to (e) anywhere in the world. Remuneration, allowances and expenses of members 5 Historic Environment Scotland must pay each member such remuneration, allowances and expenses as the Scottish Ministers may determine. Chief executive and staff 6 1 Historic Environment Scotland is to employ a person as chief executive. 2 The person employed as chief executive may not be a member of Historic Environment Scotland. 3 The chief executive is to be appointed— a by Historic Environment Scotland with the approval of the Scottish Ministers, b on terms and conditions determined by it and approved by the Scottish Ministers. 4 Historic Environment Scotland may employ any other staff necessary for the exercise of its functions. 5 Staff of Historic Environment Scotland are to be employed on terms and conditions determined by it and approved by the Scottish Ministers. Pensions, allowances and gratuities 7 1 Historic Environment Scotland may, with the approval of the Scottish Ministers, make provision about such pensions, allowances or gratuities in respect of any person who is or has been an employee of Historic Environment Scotland as it may determine. 2 That provision may take the form of— a payment (or making arrangements for the payment) of, b payments or contributions towards the provision of, c providing and maintaining schemes (whether contributory or not) for the payment of, such pensions, allowances or gratuities. 3 Those pensions, allowances or gratuities may include pensions, allowances or gratuities by way of compensation for loss of office. Committees 8 1 Historic Environment Scotland may establish committees for any purpose relating to its functions. 2 Historic Environment Scotland is to determine the composition of its committees. 3 Historic Environment Scotland may appoint a person who is not a member of Historic Environment Scotland to be a member of a committee. 4 But such a person is not entitled to vote at meetings of the committee. 5 A committee must comply with any directions given to it by Historic Environment Scotland. Procedure and meetings 9 1 Historic Environment Scotland may determine its own procedures and those of its committees, including the quorum at any meeting of it or of a committee. 2 The following persons may attend and take part in any meeting of Historic Environment Scotland or of a committee— a members of the Scottish Government, b persons authorised by the Scottish Ministers. 3 The persons mentioned in sub-paragraph (2) are not entitled to vote at such meetings. Delegation of functions 10 1 Historic Environment Scotland may authorise any of the following to exercise such of its functions (and to such extent) as it may determine— a a member, b any of its committees, c the chief executive, d any other employee. 2 But Historic Environment Scotland may not authorise the function of approving annual reports and accounts to be exercised by any other person. 3 Nothing in sub-paragraph (1) affects the responsibility of Historic Environment Scotland for the exercise of its functions. Validity of proceedings and actions 11 The validity of proceedings or actions of Historic Environment Scotland (or of a committee) is not affected by— a any vacancy in the membership of Historic Environment Scotland or of the committee, b any defect in the appointment of a member of Historic Environment Scotland or of the committee, c the disqualification of a person as such a member after appointment. General powers 12 1 Historic Environment Scotland may do anything which appears to it— a to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions, b to be conducive to the exercise of those functions. 2 In particular, Historic Environment Scotland may— a enter into contracts, b borrow money from the Scottish Ministers or, with the approval of the Scottish Ministers, from other persons, c enter into any business or undertaking, d form, promote or acquire (whether alone or with others) companies (within the meaning of the Companies Act 2006 (c.46)), e enter into joint ventures with others, f undertake or execute any charitable trust, g invest sums not immediately required in relation to the exercise of its functions, h accept gifts of money and other property, i obtain advice or assistance from any person who is, in Historic Environment Scotland's opinion, qualified to give it, j carry out or commission research, k issue publications, l make charges in connection with the exercise of its functions (including charges for the provision of goods and services). 3 Historic Environment Scotland may not acquire and dispose of land without the consent of the Scottish Ministers. 4 In sub-paragraph (2)(f) a trust is a charitable trust if all its purposes are charitable purposes within the meaning of section 7(2) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10). 5 In sub-paragraph (2)(l) the reference to Historic Environment Scotland's functions does not include functions it has by virtue of a delegation by the Scottish Ministers under section 3 or 8. Accounts 13 1 Historic Environment Scotland must— a keep proper accounts and accounting records, b prepare in respect of each financial year a statement of accounts, and c send a copy of the statement to the Scottish Ministers. 2 Historic Environment Scotland must comply with any directions which the Scottish Ministers give it in relation to the matters mentioned in sub-paragraph (1). 3 Historic Environment Scotland must send the statement of accounts to the Auditor General for Scotland for auditing. Reports 14 1 As soon as practicable after the end of each financial year, Historic Environment Scotland must prepare a report— a providing information on the exercise of its functions during that year, b containing any other information that the Scottish Ministers require, and c including a copy of the statement of accounts for that year audited by the Auditor General for Scotland. 2 Historic Environment Scotland must— a send a copy of the report to the Scottish Ministers, and b publish the report. 3 The Scottish Ministers must lay a copy of the report before the Scottish Parliament. 4 Historic Environment Scotland may publish such other reports and information on matters relevant to its functions as it considers appropriate. SCHEDULE 2 FUNCTIONS OF HISTORIC ENVIRONMENT SCOTLAND IN RELATION TO SCHEDULED MONUMENTS (introduced by section 15) PART 1 SCHEDULE OF MONUMENTS 1 The 1979 Act is amended as follows. 2 In section 1 (Schedule of monuments)— a in subsection (1)— i for “The Secretary of State” substitute “ Historic Environment Scotland ” , ii for “he” substitute “ it ” , b in subsection (3)— i for first “the Secretary of State” substitute “ Historic Environment Scotland ” , ii for “him” substitute “ it ” , c in subsection (4) for “the Secretary of State” substitute “ Historic Environment Scotland ” , d in subsection (5) for “The Secretary of State” substitute “ Historic Environment Scotland ” , e for subsection (6) substitute— 6 Where Historic Environment Scotland— a includes a monument in the Schedule under subsection (3), b amends the entry in the Schedule relating to a monument, or c excludes a monument from the Schedule, it must notify such persons as may be prescribed in such form and manner, and within such time, as may be prescribed of the action taken. , f subsections (7) and (8) are repealed, g in subsection (10)(b) for “the Secretary of State” substitute “ Historic Environment Scotland ” . 3 After section 1A (Commission's functions as to informing and publishing) insert— Publication of the Schedule 1B 1 Historic Environment Scotland must— a publish the Schedule compiled and maintained under section 1, and any amendments of the Schedule, and b make the Schedule available for public inspection, in such manner as may be prescribed. 2 The Scottish Ministers may by regulations make further provision for— a the publication of the Schedule, b the making of the Schedule available for public inspection, c the notification of the inclusion of a monument in, the amendment of an entry relating to a monument in or the exclusion of a monument from the Schedule. . PART 2 SCHEDULED MONUMENT CONSENT 4 The 1979 Act is further amended as follows. 5 In section 2 (control of works affecting scheduled monuments)— a in subsection (3)(a) after “State” insert “ or Historic Environment Scotland ” , b in subsection (3A) for paragraph (b) substitute— b consent for the retention of the works is granted by the Scottish Ministers or by Historic Environment Scotland, , c in subsection (5) in paragraph (b) and in the fullout for “the Secretary of State” in each place substitute “ Historic Environment Scotland ” , d after that subsection insert— 5A The conditions that may be attached to scheduled monument consent under subsection (4) include a condition reserving specified details of the works (whether or not set out in the application for consent) for subsequent approval by Historic Environment Scotland. , e in subsection (9) for “the Secretary of State” substitute “ Historic Environment Scotland ” . 6 After section 3 (grant of scheduled monument consent by order of the Scottish Ministers) insert— Application for variation or discharge of conditions 3A 1 Any person interested in a scheduled monument in relation to which scheduled monument consent has been granted subject to conditions may apply to Historic Environment Scotland for the variation or discharge of the conditions. 2 The application must indicate what variation or discharge of conditions is applied for and Part 1 of schedule 1 applies to such an application as it applies to an application for scheduled monument consent. 3 Historic Environment Scotland or, as the case may be, the Scottish Ministers may, on such an application— a vary or discharge the conditions attached to the consent (whether or not the application relates to the condition varied or discharged), b add new conditions consequential upon the variation or discharge. . 7 In section 4 (duration, modification and revocation of scheduled monument consent)— a for subsections (3) and (4) substitute— 3 If it appears to Historic Environment Scotland that it is expedient to modify or revoke a scheduled monument consent, it may by order under this section modify or revoke the consent to such extent as it considers expedient. 4 The power conferred by subsection (3) to modify or revoke a scheduled monument consent in relation to any works may be exercised at any time before those works have been completed, but the modification or revocation does not affect so much of those works as has been previously carried out. , b in subsection (5) for “directions” substitute “ orders ” . 8 After that section insert— Modification and revocation of scheduled monument consent by Scottish Ministers 4A 1 If it appears to the Scottish Ministers that it is expedient to modify or revoke a scheduled monument consent, they may by order under this section modify or revoke the consent to such extent as they consider expedient. 2 The Scottish Ministers may not make an order under this section without consulting Historic Environment Scotland. 3 Where the Scottish Ministers propose to make such an order, they must serve notice on— a the owner of the scheduled monument affected, b where the owner is not the occupier of the monument, the occupier, and c any other person who in their opinion will be affected by the order. 4 The notice must specify the period (which must not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose. 5 If within that period a person on whom the notice is served so requires, the Scottish Ministers must, before they make the order, give such an opportunity both to that person and to Historic Environment Scotland. 6 The power conferred by this section to modify or revoke a scheduled monument consent in relation to any works may be exercised at any time before those works have been completed, but the modification or revocation does not affect so much of those works as has been previously carried out. 7 An order under this section has effect as if it had been made by Historic Environment Scotland under section 4 and confirmed by the Scottish Ministers under paragraph 10 of Part 2 of schedule 1. . 9 In section 5(1) (execution of works for preservation of a scheduled monument in cases of urgency)— a for “the Secretary of State” substitute “ Historic Environment Scotland ” , b for “he” substitute “ it ” , c for “his” substitute “ its ” . 10 In section 6 (powers of entry for inspection of scheduled monuments)— a in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland ” , b in subsection (2) after “State” in both places insert “ or Historic Environment Scotland ” , c in subsection (3) after “State” insert “ or Historic Environment Scotland ” , d in subsection (3A) after “Ministers” insert “ or Historic Environment Scotland ” , e in subsection (4) after “State” insert “ or Historic Environment Scotland ” , f in subsection (5) after “State” in both places insert “ or Historic Environment Scotland ” . 11 In section 7 (compensation for refusal of scheduled monument consent)— a in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland or, where the Scottish Ministers refused the scheduled monument consent or granted it subject to conditions, Ministers ” , b in subsection (3) for “the Secretary of State's” substitute “Historic Environment Scotland's or, as the case may be, the Scottish Ministers'”, c in subsection (6)(b) for “the Secretary of State” substitute “ Historic Environment Scotland or, as the case may be, the Scottish Ministers ” . 12 In section 8 (recovery of compensation under section 7 on subsequent grant of consent)— a in subsection (1) after “State” in both places insert “ or Historic Environment Scotland ” , b in subsection (2A)(b) after “State” insert “ or Historic Environment Scotland ” , c in subsection (3)— i after “State” in each place insert “ or Historic Environment Scotland ” , ii after “his” in both places insert “ or its ” , d in subsection (4) after “State” insert “ or Historic Environment Scotland ” . 13 In section 9(1) (compensation where works cease to be authorised) after “State” insert “ or Historic Environment Scotland ” . 14 1 Part 1 of schedule 1 (applications for scheduled monument consent) is amended as follows. 2 In paragraph 1(1) for “the Secretary of State” substitute “ Historic Environment Scotland ” . 3 In paragraph 2(1) for “The Scottish Ministers” substitute “ Historic Environment Scotland ” . 4 In paragraph 2B— a in sub-paragraph (1) for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , b in sub-paragraph (2)(a)— i after “received,” insert “ Historic Environment Scotland has or ” , ii after “refused” insert “ or the Scottish Ministers have dismissed an appeal against the refusal of, or an appeal under section 4B(3) in respect of, ” , c in sub-paragraph (2)(b)— i for “their” substitute “ its ” , ii after “refused” insert “ or the appeal was dismissed ” , d in sub-paragraph (4) for “the Scottish Ministers” substitute “ Historic Environment Scotland ” . 5 After that paragraph insert— 2C 1 If Historic Environment Scotland, on an application to it for scheduled monument consent, intends to grant that consent, it must, where sub-paragraph (2) applies, first notify the Scottish Ministers of the application. 2 This sub-paragraph applies where— a regulations, or b directions given to Historic Environment Scotland by the Scottish Ministers, provide that the application must be so notified. 3 The Scottish Ministers may within the period of 28 days beginning with the date of the notification— a direct the reference of the application to them under section 3B, or b give notice to Historic Environment Scotland that they require further time in which to consider whether to require such a reference. 4 Historic Environment Scotland must not grant scheduled monument consent until— a the period mentioned in sub-paragraph (3) has expired without the Scottish Ministers directing the reference of the application to them or giving notice under paragraph (b) of that sub-paragraph, or b the Scottish Ministers have notified Historic Environment Scotland that they do not intend to require the reference of the application. 2D The Scottish Ministers may give directions to Historic Environment Scotland requiring it, in such cases or classes of case as may be specified in the directions, to notify to Ministers and to such other persons as may be so specified— a any applications made to it for scheduled monument consent, and b the decisions taken on those applications. . 6 In paragraph 3— a in sub-paragraph (1) after “State” insert “ or Historic Environment Scotland ” , b for sub-paragraphs (2) and (3) substitute— 2 The Scottish Ministers may by regulations make provision for the procedure to be followed by Historic Environment Scotland in considering and determining applications for scheduled monument consent. , c in sub-paragraph (4)— i after “State” insert “ or, as the case may be, Historic Environment Scotland ” , ii for “his” substitute “ the ” , iii “to him” is repealed. 7 Paragraph 4 is repealed. 15 In Part 2 of schedule 1 (modification and revocation of scheduled monument consent)— a paragraphs 5 to 9 are repealed, b after paragraph 9 insert— 10 1 Except as provided for in paragraph 11, an order made by Historic Environment Scotland under section 4 modifying or revoking a scheduled monument consent does not take effect unless it is confirmed by the Scottish Ministers. 2 Where Historic Environment Scotland submits an order to the Scottish Ministers for confirmation, it must serve notice on— a the owner of the scheduled monument affected, b where the owner is not the occupier of the monument, the occupier, and c any other person who in its opinion will be affected by the order. 3 The notice must specify the period (which must not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose. 4 If within that period a person on whom the notice is served so requires, the Scottish Ministers must, before they confirm the order, give such an opportunity both to that person and to Historic Environment Scotland. 5 The Scottish Ministers may confirm any such order submitted to them either without modification or subject to such modifications as they consider expedient. 11 1 Where sub-paragraph (2) applies, Historic Environment Scotland— a need not submit the order under section 4 modifying or revoking the scheduled monument consent to the Scottish Ministers for approval, b must instead take the steps mentioned in sub-paragraph (3). 2 This sub-paragraph applies where— a the owner of the scheduled monument affected, b where the owner is not the occupier of the monument, the occupier, and c all other persons who in Historic Environment Scotland's opinion will be affected by the order, have notified Historic Environment Scotland in writing that they do not object to the order. 3 The steps referred to in sub-paragraph (1)(b) are— a advertising in the prescribed manner the fact that the order has been made, b serving notice to the same effect on the persons mentioned in sub-paragraph (2), and c sending a copy of any such advertisement to the Scottish Ministers not more than 3 days after its publication. 4 The advertisement under sub-paragraph (3)(a) must specify— a the period within which persons affected by the order may give notice to the Scottish Ministers that they require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose, and b the period at the end of which, if no such notice is given to the Scottish Ministers, the order may take effect by virtue of this paragraph and without being confirmed by the Scottish Ministers. 5 The period referred to in sub-paragraph (4)(a) must not be less than 28 days from the date on which the advertisement first appears. 6 The period referred to in sub-paragraph (4)(b) must not be less than 14 days from the end of the period referred to in sub-paragraph (4)(a). 7 The notice under sub-paragraph (3)(b) must include a statement to the effect that no compensation is payable under section 9 in respect of an order which takes effect by virtue of this paragraph. 8 The order takes effect at the end of the period referred to in sub-paragraph (4)(b) without being confirmed by the Scottish Ministers if— a no person claiming to be affected by the order has given notice to the Scottish Ministers as mentioned in sub-paragraph (4)(a) within the period referred to in that sub-paragraph, and b the Scottish Ministers have not directed that the order be submitted to them for confirmation. . PART 3 SCHEDULED MONUMENT ENFORCEMENT NOTICES 16 The 1979 Act is further amended as follows. 17 In section 9A (power to issue scheduled monument enforcement notice)— a in subsection (1)— i for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , ii in paragraph (b) for “they may, if they consider” substitute “ it may, if it considers ” , b in subsection (2)(a) for “the Scottish Ministers require” substitute “ Historic Environment Scotland requires ” , c in subsection (3)(b)— i for “the Scottish Ministers consider” substitute “ Historic Environment Scotland considers ” , ii for “they consider” substitute “ it considers ” , iii for “them” substitute “ it ” , d in subsection (4) for “the Scottish Ministers are” substitute “ Historic Environment Scotland is ” . 18 In section 9B (scheduled monument enforcement notices: further provision)— a in subsection (4)(b) for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , b in subsection (5)— i for “The Scottish Ministers” substitute “ Historic Environment Scotland ” , ii in paragraph (a) for “their” substitute “ its ” , c in subsection (6) for “The Scottish Ministers” substitute “ Historic Environment Scotland ” , d in subsection (7) for “The Scottish Ministers” substitute “ Historic Environment Scotland ” . 19 In section 9C (appeal against scheduled monument enforcement notice)— a in subsection (1) for “by summary application appeal to the sheriff” substitute “ appeal to the Scottish Ministers ” , b in subsection (2)— i before paragraph (a) insert— za that the monument is not of national importance, , ii after paragraph (c) insert— ca that scheduled monument consent ought to be granted for the works, or that any relevant condition of such consent which has been granted ought to be discharged, or different conditions substituted, , iii after paragraph (d) insert— da except in relation to such a requirement as is mentioned in section 9A(3)(b) or (c), that the requirements of the notice exceed what is necessary for restoring the monument or land to its condition before the works were carried out, , iv after paragraph (e) insert— f that the steps required by the notice for the purpose of restoring the character of the monument or land to its former state would not serve that purpose, g that the cessation of any works required by the notice exceeds what is necessary to remedy the contravention of section 2(1) or (6), h that steps required to be taken by virtue of section 9A(3)(b) exceed what is necessary to alleviate the effect of the works executed to the monument or land, i that steps required to be taken by virtue of section 9A(3)(c) exceed what may reasonably be required to bring the monument or land to the state in which it would have been if the scheduled monument consent had been complied with. , c after subsection (2) insert— 2A An appeal under this section is to be made by giving written notice of the appeal to the Scottish Ministers before the date specified in the scheduled monument enforcement notice as the date on which it is to take effect. , d after subsection (3) insert— 3A A person who gives notice of appeal under this section must submit to the Scottish Ministers, either when giving the notice or within such time as may be prescribed, a statement in writing— a specifying the grounds on which the appeal is made, b giving such further information as may be prescribed. , e subsections (4) and (5) are repealed. 20 After that section insert— Determination of appeals under section 9C 9CA 1 On determining an appeal under section 9C, the Scottish Ministers may give directions for giving effect to the determination, including where appropriate directions for quashing the scheduled monument enforcement notice. 2 On such an appeal the Scottish Ministers may if they are satisfied that the correction or variation will not cause injustice to the appellant or to Historic Environment Scotland— a correct any defect, error or misdescription in the scheduled monument enforcement notice, or b vary the terms of the notice. 3 In a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section 9B(4) to be served with a copy of the notice was not served, the Scottish Ministers may disregard that fact if they are satisfied that the person has not been substantially prejudiced by the failure. 4 The Scottish Ministers may— a dismiss such an appeal if the appellant fails to comply with section 9C(3A) within the prescribed time, b allow such an appeal or quash the scheduled monument enforcement notice if Historic Environment Scotland fails to comply within the prescribed period with any requirement imposed by regulations made by virtue of section 9CB(1). 5 On the determination of an appeal under section 9C the Scottish Ministers may— a grant scheduled monument consent for the works to which the scheduled monument enforcement notice relates, b discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous, or c direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to that determination. 6 Any scheduled monument consent granted by the Scottish Ministers under subsection (5)(a) is to be treated as granted under section 2(3). 7 Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 9C is final. Procedure for appeals under section 9C 9CB 1 The Scottish Ministers may by regulations make provision in connection with appeals under section 9C, including provision about the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal. 2 Regulations under subsection (1) may also make provision about the procedure to be followed, including— a the form, manner and time for making an appeal, b the notification of an appeal, c the manner in which an appeal is to be conducted. 3 Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act). 4 Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers) applies to appeals under section 9C. . 21 In section 9D (execution of works required by scheduled monument enforcement notice)— a in subsection (1)— i for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , ii in paragraph (b) for “them” substitute “ it ” , b in subsection (2)(b) for “the Scottish Ministers in taking steps required by it” substitute “ Historic Environment Scotland in taking steps required by the notice ” , c in subsection (4)— i for “the Scottish Ministers take” substitute “ Historic Environment Scotland takes ” , ii for “they” substitute “ it ” , iii for “them” substitute “ it ” , d in subsection (5)— i for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , ii for “them” substitute “ it ” , e in subsection (6)— i for “the Scottish Ministers seek” substitute “ Historic Environment Scotland seeks ” , ii in paragraph (b) for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , f in subsection (7)— i for “the Scottish Ministers have” substitute “ Historic Environment Scotland has ” , ii for “they” substitute “ it ” . 22 After section 9F (effect of scheduled monument consent on scheduled monument enforcement notice) insert— Enforcement by the Scottish Ministers 9FA 1 If it appears to the Scottish Ministers that it is expedient that a scheduled monument enforcement notice should be served in respect of any monument or land in, on or under which there is a scheduled monument, they may serve such a notice under section 9A. 2 A scheduled monument enforcement notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland. 3 The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland. 4 The provisions of this Act relating to scheduled monument enforcement notices apply, so far as relevant, to a scheduled monument enforcement notice served by the Scottish Ministers as they apply to a scheduled monument enforcement notice served by Historic Environment Scotland, but with the substitution for any reference to Historic Environment Scotland of a reference to the Scottish Ministers, and any other necessary modifications. . PART 4 SCHEDULED MONUMENTS: STOP NOTICES 23 The 1979 Act is further amended as follows. 24 In section 9G (stop notices)— a in subsection (1) for “the Scottish Ministers consider” substitute “ Historic Environment Scotland considers ” , b in subsection (2)— i for “The Scottish Ministers” substitute “ Historic Environment Scotland ” , ii for “they serve” substitute “ it serves ” , c in subsection (3) for “the Scottish Ministers require” substitute “ Historic Environment Scotland requires ” , d in subsection (5)(a) for “the Scottish Ministers consider” substitute “ Historic Environment Scotland considers ” , e in subsection (6)— i for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , ii for “them” substitute “ it ” , f in subsection (7)— i for “The Scottish Ministers” substitute “ Historic Environment Scotland ” , ii for “their” substitute “ its ” . 25 In section 9H (stop notices: supplementary provisions)— a in subsection (3) for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , b in subsection (4) for “the Scottish Ministers” substitute “ Historic Environment Scotland ” . 26 After that section insert— Power of the Scottish Ministers to serve stop notice 9HA 1 If it appears to the Scottish Ministers that it is expedient that a stop notice should be served in respect of any monument or land in, on or under which there is a scheduled monument, they may serve such a notice under section 9G. 2 A stop notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland. 3 The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland. 4 The provisions of this Act relating to stop notices apply, so far as relevant, to a stop notice served by the Scottish Ministers as they apply to a stop notice served by Historic Environment Scotland, but with the substitution for any reference to Historic Environment Scotland of a reference to the Scottish Ministers, and any other necessary modifications. . 27 In section 9I (compensation for loss due to stop notice)— a in subsection (1) for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , b in subsection (3)(c)— i for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , ii for “them” substitute “ it ” , c in subsection (5)(b) for “the Scottish Ministers” substitute “ Historic Environment Scotland ” . 28 In section 9K (temporary stop notices)— a in subsection (1)— i for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , ii for “they may, if they consider” substitute “ it may, if it considers ” , b in subsection (2)(c) for “the Scottish Ministers'” substitute “Historic Environment Scotland's”, c in subsection (3) for “the Scottish Ministers” in both places substitute “ Historic Environment Scotland ” , d in subsection (4) for “The Scottish Ministers” substitute “ Historic Environment Scotland ” , e in subsection (8) for “the Scottish Ministers” substitute “ Historic Environment Scotland ” . 29 In section 9L(1) (temporary stop notices: restrictions) for “the Scottish Ministers have” substitute “ Historic Environment Scotland has ” . 30 In section 9N (temporary stop notices: compensation)— a in subsection (1) for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , b in subsection (2)(b) for “the Scottish Ministers withdraw” substitute “ Historic Environment Scotland withdraws ” . PART 5 APPEALS AND REFERRALS CHAPTER 1 APPEALS FROM HISTORIC ENVIRONMENT SCOTLAND 31 The 1979 Act is further amended as follows. Appeal against inclusion or amendment of entry in Schedule of monuments 32 After section 1B (publication of the Schedule) (inserted by paragraph 3) insert— Appeal against inclusion etc. in Schedule of monuments 1C 1 This section applies where Historic Environment Scotland makes a decision— a to include a monument in the Schedule, b to amend an entry in the Schedule relating to a monument. 2 A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers. 3 The person is— a the owner of the monument, b the tenant of the monument, c the occupier of the monument. Determination of appeals under section 1C 1D 1 The Scottish Ministers may— a dismiss an appeal under section 1C, b allow such an appeal (in whole or in part). 2 Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision. 3 Where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to their decision. 4 Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 1C is final. Procedure for appeals under section 1C 1E 1 The Scottish Ministers may by regulations make provision in connection with appeals under section 1C, including provision about— a the grounds on which an appeal may be made, b the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal. 2 Regulations under subsection (1) may also make provision about the procedure to be followed, including— a the form, manner and time for making an appeal, b the notification of an appeal, c the manner in which an appeal is to be conducted. 3 Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act). 4 Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers) applies to appeals under section 1C. . Appeal in relation to scheduled monument consent 33 After section 4A (inserted by paragraph 8) insert— Appeal in relation to scheduled monument consent 4B 1 This section applies where Historic Environment Scotland makes a decision— a refusing an application for scheduled monument consent, b granting such an application subject to conditions, c refusing an application for variation or discharge of conditions to which a scheduled monument consent is subject, d granting such an application subject to conditions, e refusing an application for subsequent approval required by a condition to which a scheduled monument consent is subject. 2 A person who made the application mentioned in subsection (1) may appeal the decision to the Scottish Ministers. 3 A person may also appeal to the Scottish Ministers where Historic Environment Scotland has not given notice of its decision on an application mentioned in subsection (1)(a), (c) or (e) within the prescribed period or such other longer period as may be agreed between the applicant and Historic Environment Scotland. 4 An appeal under this section may include the ground that— a the monument should not be included in the Schedule, b the entry in the Schedule relating to the monument should be amended. Determination of appeals under section 4B 4C 1 The Scottish Ministers may— a dismiss an appeal under section 4B, b allow such an appeal (in whole or in part). 2 In determining an appeal under section 4B, the Scottish Ministers may deal with the application to which the appeal relates as if it had been made to them in the first instance. 3 Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision. 4 Subsection (5) applies where— a the grounds of appeal include the ground— i that the monument should not be included in the Schedule, or ii that the entry in the Schedule relating to the monument should be amended, and b the Scottish Ministers uphold that ground. 5 The Scottish Ministers may direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to that decision. 6 Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 4B is final. Procedure for appeals under section 4B 4D 1 The Scottish Ministers may by regulations make provision in connection with appeals under section 4B, including provision about— a subject to section 4B(4), the grounds on which an appeal may be made, b the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal. 2 Regulations under subsection (1) may also make provision about the procedure to be followed, including— a the form, manner and time for making an appeal, b the notification of an appeal, c the manner in which an appeal is to be conducted. 3 Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act). 4 Regulations under subsection (1) may also provide that an appeal in respect of an application— a for scheduled monument consent, or b for the variation or discharge of conditions to which such a consent is subject, need not be entertained unless it is accompanied by a certificate in the prescribed form as to the interests in the monument to which the appeal relates. 5 Sub-paragraphs (2) to (4) of paragraph 2 of schedule 1 apply to regulations imposing a requirement by virtue of subsection (4) as they apply to the requirement imposed by sub-paragraph (1) of that paragraph. 6 Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers) applies to appeals under section 4B. . Determination of appeals by appointed person 34 After schedule 1 insert— SCHEDULE 1A DETERMINATION OF CERTAIN APPEALS BY PERSON APPOINTED BY THE SCOTTISH MINISTERS (introduced by sections 1E(4), 4D(6) and 9CB(4)) Determination of appeals by appointed person 1 1 The Scottish Ministers may by regulations prescribe classes of appeals under sections 1C, 4B and 9C which are to be determined by a person appointed by the Scottish Ministers for the purpose. 2 Those classes of appeals are to be so determined except in such classes of case— a as may for the time being be prescribed, or b as may be specified in directions given by the Scottish Ministers. 3 Regulations under sub-paragraph (1) may provide for the giving of publicity to any directions given by the Scottish Ministers under this paragraph. 4 This paragraph does not affect any provision made by or under this Act that an appeal is to lie to, or a notice of an appeal is to be served on, the Scottish Ministers. 5 A person appointed under this paragraph is referred to in this schedule as an “appointed person”. Powers and duties of appointed person 2 1 An appointed person is to have the same powers and duties— a in relation to an appeal under section 1C as the Scottish Ministers have under section 1D, b in relation to an appeal under section 4B as the Scottish Ministers have under section 4C, c in relation to an appeal under section 9C as the Scottish Ministers have under section 9CA. 2 Where an appeal has been determined by an appointed person, the decision is to be treated as a decision of the Scottish Ministers. 3 Except as provided for by section 55, the decision of an appointed person on any appeal is final. Determination of appeals by the Scottish Ministers 3 1 The Scottish Ministers may, if they think fit, direct that an appeal which would otherwise fall to be determined by an appointed person is instead to be determined by them. 2 Such a direction must— a state the reasons for which it is given, and b be served on the appellant. 3 Where an appeal under section 1C, 4B or 9C falls to be determined by the Scottish Ministers by virtue of a direction under this paragraph, the provisions of this Act which are relevant to the appeal are to apply, subject to sub-paragraph (4), as if this schedule had never applied to it. 4 In determining the appeal, the Scottish Ministers may take into account any report made to them by any person previously appointed to determine the appeal. 4 1 The Scottish Ministers may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal. 2 Such a further direction must— a state the reasons for which it is given, and b be served on— i the person, if any, previously appointed to determine the appeal, and ii the appellant. 3 Where such a further direction has been given, the provisions of this schedule relevant to the appeal are to apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given. 4 Anything done by or on behalf of the Scottish Ministers in connection with the appeal which might have been done by the appointed person (including any arrangements made for the holding of a hearing or local inquiry) is, unless that person directs otherwise, to be treated as having been done by that person. Appointment of another person to determine appeal 5 1 At any time before the appointed person has determined the appeal the Scottish Ministers may— a revoke the appointment, and b appoint another person under paragraph 1 to determine the appeal instead. 2 Where such a new appointment is made, the consideration of the appeal or any inquiry or other hearing in connection with it is to be begun afresh. 3 Nothing in sub-paragraph (2) requires any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made. Local inquiries and hearings 6 1 Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person— a may hold a local inquiry in connection with the appeal, and b must do so if the Scottish Ministers so direct. 2 Where an appointed person— a holds a hearing, or b holds an inquiry by virtue of this paragraph, an assessor may be appointed by the Scottish Ministers to sit with the appointed person at the hearing or inquiry to advise the appointed person on any matters arising. 3 Subject to sub-paragraph (4), the expenses of any such hearing or inquiry are to be paid by the Scottish Ministers. 4 Subsections (4) to (13) of section 265 of the Town and Country Planning (Scotland) Act 1997 (c.8) apply to an inquiry held under this paragraph as they apply to an inquiry held under that section. 5 The appointed person has the same power to make orders under subsection (9) of that section in relation to proceedings under this schedule which do not give rise to an inquiry as the person has in relation to such an inquiry. 6 For the purposes of this paragraph, references to the Minister in subsections (9) and (12) of that section are to be read as references to the appointed person. Supplementary provisions 7 The functions of determining an appeal and doing anything in connection with it conferred by this schedule on an appointed person who is a member of the staff of the Scottish Administration are to be treated for the purposes of the Scottish Public Services Ombudsman Act 2002 (asp 11) as functions conferred on the Scottish Ministers. . CHAPTER 2 REFERRAL OF CERTAIN APPLICATIONS Referral of certain applications 35 After section 3A (inserted by paragraph 6) insert— Referral of certain applications to the Scottish Ministers 3B 1 The Scottish Ministers may give directions requiring applications for— a scheduled monument consent, b variation or discharge of conditions to which scheduled monument consent is subject, c subsequent approval required by a condition to which scheduled monument consent is subject, to be referred to them instead of being dealt with by Historic Environment Scotland. 2 A direction under this section may relate either to a particular application or to applications of a class specified in the direction. 3 A direction under this section may be withdrawn or modified by a subsequent direction. 4 An application in respect of which a direction under this section has effect is to be referred to the Scottish Ministers accordingly. 5 In determining an application under this section, the Scottish Ministers may deal with the application as if it had been made to them in the first instance. 6 Except as provided for by section 55, the decision of the Scottish Ministers on any application referred to them under this section is final. 7 The reference in subsection (1)(c) to scheduled monument consent includes a reference to consent granted by order under section 3. Procedure for referrals under section 3B 3C 1 The Scottish Ministers may by regulations make provision in connection with referrals under section 3B, including provision about the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the referral. 2 Regulations under subsection (1) may also make provision about the procedure to be followed, including— a the notification of a referral, b the manner in which a referral is to be conducted. 3 Regulations made by virtue of subsection (2)(b) may also include provision that the manner in which a referral, or any stage of a referral, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act). . PART 6 FUNCTIONS IN RELATION TO GARDENS, LANDSCAPES AND BATTLEFIELDS 36 Part 1A of the 1979 Act is amended as follows. 37 In section 32A (inventory of gardens and designed landscapes)— a in subsection (1)— i for “The Scottish Ministers” substitute “ Historic Environment Scotland ” , ii for “they think” substitute “ it thinks ” , iii for “them” substitute “ it ” , b in subsection (3) for “The Scottish Ministers” substitute “ Historic Environment Scotland ” , c in subsection (4)— i for “their” substitute “ its ” , ii for “the Scottish Ministers” substitute “ Historic Environment Scotland ” , d in subsection (5)— i for “The Scottish Ministers” substitute “ Historic Environment Scotland ” , ii for “they think” substitute “ it thinks ” . 38 In section 32B(1) (inventory of battlefields)— a for “The Scottish Ministers” substitute “ Historic Environment Scotland ” , b for “they think” substitute “ it thinks ” , c for “them” substitute “ it ” . PART 7 OTHER MATTERS IN RELATION TO SCHEDULED MONUMENTS 39 The 1979 Act is further amended as follows. Interdict 40 In section 9O (interdicts restraining unauthorised works on scheduled monuments)— a in subsection (1)— i for “they have exercised or propose to exercise any of their” substitute “ Historic Environment Scotland has exercised or proposes to exercise any of its ” , ii for “the Scottish Ministers” substitute “ it ” , b after that subsection insert— 1A Whether or not the Scottish Ministers have exercised or propose to exercise any of their powers under this Act, they may seek to restrain or prevent any actual or apprehended breach of any of the controls provided by or under this Act on the execution of works affecting scheduled monuments by means of an application for interdict. , c in subsection (2) for “subsection (1)” substitute “ subsection (1) or (1A) ” . Agreements concerning ancient monuments etc. 41 In section 17 (agreements concerning ancient monuments etc.)— a after subsection (2) insert— 2A Historic Environment Scotland may enter into an agreement under this section with the occupier of an ancient monument situated in Scotland or of any land so situated which adjoins or is in the vicinity of an ancient monument so situated. , b in subsection (4)— i in paragraph (f) after “authority” insert “ or Historic Environment Scotland ” , ii in the fullout after “authority” insert “ or Historic Environment Scotland ” , c after subsection (9) insert— 9A References to an ancient monument in subsection (2A), and in subsection (3) so far as it applies for the purposes of subsection (2A), are to be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to Historic Environment Scotland. . Advice and superintendence 42 In section 25 (advice and superintendence)— a in subsection (1) for “The Secretary of State” substitute “ Historic Environment Scotland ” , b in subsection (2)— i for “The Secretary of State” substitute “ Historic Environment Scotland ” , ii for “his” in both places substitute “ its ” , c in subsection (3)— i for “The Secretary of State” substitute “ Historic Environment Scotland ” , ii for “he” substitute “ it ” . Power of entry: inspection and recording 43 In section 26 (power of entry on land believed to contain an ancient monument)— a in subsection (1) for “the Secretary of State” in both places substitute “ Historic Environment Scotland ” , b in subsection (4)(b)— i for “the Scottish Ministers know or have” substitute “ Historic Environment Scotland knows or has ” , ii for “they know or believe” substitute “ it knows or believes ” . Power to accept voluntary contributions 44 In section 31 (voluntary contributions towards expenditure under Part 1 of the 1979 Act) after “State” insert “ , Historic Environment Scotland ” . Metal detectors 45 In section 42 (restrictions on use of metal detectors)— a in subsection (1) after “consent” insert “ of Historic Environment Scotland (in the case of a place situated in Scotland), ” , b in subsection (2) in the definition of “protected place”, after “State” insert “ , Historic Environment Scotland ” , c in subsection (3) after “that” insert “ of Historic Environment Scotland (where the place in question is situated in Scotland), ” , d in subsection (4) after “by” insert “ Historic Environment Scotland, ” , e in subsection (5)(a) after “by” insert “ Historic Environment Scotland, ” . Power of entry: survey and valuation 46 In section 43(2) (power of entry for survey and valuation) after “State” insert “ , Historic Environment Scotland ” . Compensation 47 In section 46(1) (compensation for damage caused by exercise of certain powers) after “from” insert “ Historic Environment Scotland, ” . Application to Crown land 48 In section 50 (application of Act to Crown land) after subsection (1) insert— 1A For the purposes of subsection (1)(b), anything done by Historic Environment Scotland on Crown land, in relation to which it has functions by virtue of a delegation by the Scottish Ministers under section 3 of the Historic Environment Scotland Act 2014 (asp 19), is not to be treated as done by or on behalf of the Crown. . Finds 49 In section 54(2) (treatment and preservation of finds) after “State” in both places insert “ , Historic Environment Scotland ” . Proceedings questioning certain orders 50 In section 55 (proceedings for questioning validity of certain orders)— a in subsection (1)(b) after “State” insert “ or Historic Environment Scotland ” , b in subsection (3)— i after first “State” insert “ or Historic Environment Scotland ” , ii for “either” substitute “ any ” , iii for paragraph (a) substitute— a any decision of the Scottish Ministers on an application for scheduled monument consent referred to them under section 3B, aa any decision of the Scottish Ministers on an appeal under this Act, , iv in paragraph (b) for “the giving by the Secretary of State of any direction under section 4” substitute “ the making by Historic Environment Scotland of any order under section 4 or by the Scottish Ministers of any order under section 4A ” , c in subsection (4)(b) after “State” insert “ or Historic Environment Scotland ” , d in subsection (7) after “State” insert “ or Historic Environment Scotland ” . Power to require information 51 In section 57(1) (power to require information as to interests in land) after “State” in both places insert “ or Historic Environment Scotland ” . Interpretation 52 In section 61(9) (meaning of site of monument) after “State” insert “ or Historic Environment Scotland ” . SCHEDULE 3 FUNCTIONS OF HISTORIC ENVIRONMENT SCOTLAND IN RELATION TO LISTING AND CONSERVATION (introduced by section 16) PART 1 LISTING OF SPECIAL BUILDINGS 1 The 1997 Act is amended as follows. Compiling or approving lists of special buildings 2 In section 1 (listing of buildings of special architectural or historic interest)— a in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland ” , b in subsection (2) for “the Secretary of State” substitute “ Historic Environment Scotland ” , c in subsection (3)— i for “the Secretary of State” substitute “ Historic Environment Scotland ” , ii for “him” substitute “ it ” , d in subsection (4) for “the Secretary of State” substitute “ Historic Environment Scotland ” . Publication of lists and notification of listing 3 After section 1 insert— Publication of lists and notification of listing etc. 1A 1 Historic Environment Scotland must— a publish any list compiled or approved under section 1, and any amendments of such a list, and b make such lists available for public inspection, in such manner as may be prescribed. 2 Historic Environment Scotland must also— a notify such persons as may be prescribed, and b do so in such form and manner, and within such time, as may be prescribed, of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list. 3 The Scottish Ministers may by regulations make further provision for— a the publication of such lists, b the making of such lists available for public inspection, c the notification of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list. 4 Regulations under subsection (3) may in particular provide for planning authorities in whose districts any buildings included in such lists are situated to take any of the steps mentioned in that subsection. . 4 Section 2 (publication of lists) is repealed. Temporary listing 5 In section 3 (temporary listing: building preservation notices)— a in subsection (2) for “the Secretary of State” substitute “ Historic Environment Scotland ” , b in subsection (4)— i for “the Secretary of State” substitute “ Historic Environment Scotland ” , ii in paragraph (b) for “he” substitute “ it ” , c in subsection (6)— i for “the Secretary of State” substitute “ Historic Environment Scotland ” , ii for “he” substitute “ it ” , iii in each of paragraphs (a) and (b) for “the Secretary of State's” in both places substitute “Historic Environment Scotland's”. Certificate that no intention to list building 6 In section 5A (certificate that building not intended to be listed)— a in subsection (1)— i for “The Scottish Ministers” substitute “ Historic Environment Scotland ” , ii for “they do” substitute “ it does ” , b in subsection (2)— i for “the Scottish Ministers issue” substitute “ Historic Environment Scotland issues ” , ii in paragraph (a) for “they” and “them” substitute “ it ” , c in subsection (3) for “the Scottish Ministers” substitute “ Historic Environment Scotland ” . PART 2 LISTED BUILDING CONSENT 7 The 1997 Act is further amended as follows. 8 In section 7 (authorisation of works: listed building consent)— a in subsection (2)— i in paragraph (b) for “the Royal Commission” substitute “ Historic Environment Scotland ” , ii in paragraph (c)(i) for “members or officers of the Commission” substitute “ Historic Environment Scotland ” , iii for paragraph (c)(ii) substitute— ii Historic Environment Scotland has stated in writing that it has completed its recording of that building or that it does not wish to record it, , b subsection (4) is repealed, c in subsection (5) for “the Royal Commission” substitute “ Historic Environment Scotland ” . 9 In section 9 (making of applications for listed building consent)— a in subsection (3)— i the “and” after paragraph (b) is repealed, ii after paragraph (c) insert , and d the procedure to be followed by planning authorities or, as the case may be, the Scottish Ministers in considering and determining such applications. , b after subsection (5) insert— 6 The regulations must also require planning authorities, before granting or refusing applications for listed building consent in such cases or classes of case as may be prescribed, to consult— a Historic Environment Scotland, b such other persons as may be— i prescribed, or ii specified in directions given to planning authorities by the Scottish Ministers. 7 Directions given by virtue of subsection (6)(b)(ii) for the purposes of regulations under this section may be given to— a planning authorities generally, b a particular planning authority, or c a description of planning authority. . Revocation and modification of listed building consent 10 In section 22(2) (procedure for orders revoking or modifying listed building consent: opposed cases) after paragraph (c) insert— ca Historic Environment Scotland, cb such other persons as may be prescribed, . 11 In section 23(1)(b) (procedure for orders revoking or modifying listed building consent: unopposed cases) after “land” insert “ , Historic Environment Scotland, such other persons as may be prescribed ” . PART 3 CONSERVATION AREAS 12 The 1997 Act is further amended as follows. 13 In section 61(2) (designation of conservation areas)— a for “The Secretary of State” substitute “ Historic Environment Scotland ” , b for “he so determines, he” substitute “ Historic Environment Scotland so determines, it ” . 14 In section 62 (designation of conservation areas: supplementary provisions)— a in subsection (1) after “State” insert “ and Historic Environment Scotland ” , b for subsection (2) substitute— 2 Historic Environment Scotland must— a give notice to a planning authority of— i the designation of any part of their district as a conservation area under section 61(2), and ii any variation or cancellation of any such designation, b give notice to the Scottish Ministers of the designation and of any such variation or cancellation. , c in subsection (4) for “the Secretary of State” substitute “ Historic Environment Scotland ” , d in subsection (5) for “the Secretary of State” substitute “ Historic Environment Scotland ” . 15 In paragraph 2 of schedule 1 (buildings formerly subject to building preservation orders)— a for sub-paragraph (1) substitute— 1 Historic Environment Scotland may at any time direct that paragraph 1 no longer applies to a particular building. 1A The Scottish Ministers may direct that paragraph 1 no longer applies to a particular building if the building is referred to in a notice of appeal under section 5B, 18 or 35 relating to the building (whether or not they are requested to do so). , b in sub-paragraph (2) for “such a direction” substitute “ a direction under sub-paragraph (1) or (1A) ” , c after sub-paragraph (2) insert— 2A Where a direction is given under sub-paragraph (1) or (1A), Historic Environment Scotland or (as the case may be) the Scottish Ministers must notify the other. , d in sub-paragraph (3)— i for “such a direction” substitute “ a direction under sub-paragraph (1) or (1A) ” , ii for “the Secretary of State” substitute “ Historic Environment Scotland or (as the case may be) the Scottish Ministers ” . 16 Paragraph 3 of schedule 1 is repealed. PART 4 APPEALS AGAINST LISTING 17 The 1997 Act is further amended as follows. 18 After section 5A (certificate that building not intended to be listed) insert— Appeal against listing of buildings 5B 1 This section applies where Historic Environment Scotland makes a decision— a to include a building in the list compiled or approved under section 1, b to amend an entry in the list relating to a building (but not where the amendment excludes a building from the list). 2 A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers. 3 The person is— a the owner of the building, b the tenant of the building, c the occupier of the building. Determination of appeals under section 5B 5C 1 The Scottish Ministers may— a dismiss an appeal under section 5B, b allow such an appeal (in whole or in part). 2 Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision. 3 Where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to their decision. 4 Except as provided for by sections 57 and 58, the decision of the Scottish Ministers on an appeal under section 5B is final. Procedure for appeals under section 5B 5D 1 Regulations may make provision in connection with appeals under section 5B, including provision about— a the grounds on which an appeal may be made, b the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal. 2 Regulations under subsection (1) may also make provision about the procedure to be followed, including— a the form, manner and time for making an appeal, b the notification of an appeal, c the manner in which an appeal is to be conducted. 3 Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act). 4 Schedule 3 (which makes provision about the determination of certain appeals by a person appointed by the Scottish Ministers) applies to an appeal under section 5B. . 19 In section 19(3) (appeals: supplementary provisions) for “the Secretary of State” substitute “ Historic Environment Scotland ” . 20 In section 20(1) (determination of appeals) for paragraph (b) substitute— b where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to their decision. . 21 In section 37(4) (determination of appeals under section 35) for paragraph (c) substitute— c direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to that determination. . 22 In section 57(2) (validity of certain orders and decisions) before paragraph (a) insert— za any decision of the Scottish Ministers on an appeal under section 5B, . 23 In schedule 3 (determination of certain appeals by person appointed by the Scottish Ministers)— a in paragraph 1(1) after “sections” insert “ 5B, ” , b in paragraph 2(1) before paragraph (a) insert— za in relation to an appeal under section 5B as the Scottish Ministers have under section 5C and paragraph 2(1A) of schedule 1, , c in paragraph 3(3) after “section” insert “ 5B, ” , d in paragraph 5(3) paragraph (a) is repealed (together with the “or” immediately following it). PART 5 OTHER MATTERS IN RELATION TO LISTING 24 The 1997 Act is further amended as follows. Compensation 25 In section 26(1) (compensation for loss or damage caused by service of building preservation notice) for “the Secretary of State” substitute “ Historic Environment Scotland ” . Application of 1997 Act to land and works of planning authorities 26 In section 73 (application of 1997 Act to land and works of planning authorities)— a in subsection (1) for “sections 1(1) and (3) and 2” substitute “ section 1(1) and (3) ” , b in subsection (4) “section 2(2) and” is repealed. Powers of entry 27 In section 76 (rights of entry)— a in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland ” , b in subsection (2) for “the Secretary of State” in both places substitute “ Historic Environment Scotland ” , c in subsection (3) for “the Secretary of State” substitute “ Historic Environment Scotland ” . Building preservation notices 28 In schedule 2 (lapse of building preservation notice) in paragraph 1(b) for “the Secretary of State” substitute “ Historic Environment Scotland ” . SCHEDULE 4 FUNCTIONS OF HISTORIC ENVIRONMENT SCOTLAND IN RELATION TO THE MARINE ENVIRONMENT (introduced by section 17) 1 The Marine (Scotland) Act 2010 (asp 5) is amended as follows. 2 After section 80 (advice etc. by Scottish Natural Heritage) insert— Advice etc. by Historic Environment Scotland as regards Historic MPAs 80A 1 Historic Environment Scotland may give advice and guidance as to— a the matters which are capable of damaging or otherwise affecting any marine historic asset in a Historic MPA, b how any stated preservation objectives for a Historic MPA may be furthered, or how the achievement of any such objectives may be hindered, and c the assessment by a public authority of the matters in section 83(4)(b)(i) and (ii) including what factors the authority should take into account. 2 Advice or guidance as to any of the matters in paragraph (a) to (c) of subsection (1) may be given— a in relation to— i a particular Historic MPA, ii all Historic MPAs generally, b in relation to a particular public authority or public authorities generally. . 3 In section 82 (duties of public authorities in relation to marine protected areas etc.)— a in subsection (3) after “Heritage” insert “ or Historic Environment Scotland ” , b in subsection (5) after “Heritage” insert “ or Historic Environment Scotland ” , c in subsection (6) after sub-paragraph (i) insert— ia Historic Environment Scotland has given advice or guidance to the authority under section 80A, , d in subsection (7) after “Heritage” insert “ or Historic Environment Scotland ” , e in subsection (10) after “Heritage” insert “ or Historic Environment Scotland ” , f in subsection (12) after “80” insert “ , by Historic Environment Scotland under section 80A ” , g in subsection (13)— i the words from “it is appropriate” to “Research MPA” become paragraph (a) of that subsection, ii after that paragraph insert— b it is appropriate to inform Historic Environment Scotland where the exercise of the public authority's functions or the act or omission in question relates to a Historic MPA. . 4 In section 83 (duties of public authorities in relation to certain decisions)— a in subsection (2) after “Heritage” insert “ or Historic Environment Scotland ” , b in subsection (8) after “80” insert “ , by Historic Environment Scotland under section 80A ” , c in subsection (9)— i the words from “it is appropriate” to “Research MPA” become paragraph (a) of that subsection, ii after that paragraph insert— b it is appropriate to inform Historic Environment Scotland where the act relates to a Historic MPA. . 5 In section 84 (failure to comply with duties) after subsection (3) insert— 3A In relation to a Historic MPA if, in the opinion of Historic Environment Scotland, a public authority has failed— a to act in accordance with advice or guidance given by Historic Environment Scotland under section 80A, b to comply with any of its duties under section 82(2) or 83(3) or (4), Historic Environment Scotland may request from the authority an explanation in writing for the failure. 3B Historic Environment Scotland must send a copy of a request by it under subsection (3A) to the Scottish Ministers. 3C On receiving a request under subsection (3A), the public authority must— a provide Historic Environment Scotland with the requested explanation for the failure, b send a copy of the explanation to the Scottish Ministers. . SCHEDULE 5 TRANSFER OF STAFF, PROPERTY ETC. TO HISTORIC ENVIRONMENT SCOTLAND (introduced by section 19) Staff transfer schemes 1 1 The Scottish Ministers may make a staff transfer scheme. 2 A staff transfer scheme is a scheme making provision for or in connection with the transfer to Historic Environment Scotland of persons who are— a employed by the Royal Commission on the Ancient and Historical Monuments of Scotland, b subject to sub-paragraph (3), members of the staff of the Scottish Ministers employed in the Executive Agency of the Scottish Ministers known as Historic Scotland. 3 Sub-paragraph (2)(b) does not apply to members of the staff of the Scottish Ministers on secondment or loan to Historic Scotland from another part of the Scottish Administration. 4 A staff transfer scheme may in particular— a prescribe rules by which the transfer of specified persons, or classes of specified person, can be determined, b provide that specified persons, or classes of specified person, are to become employees of Historic Environment Scotland. 5 A staff transfer scheme may make provision only in relation to persons whose employment relates to the carrying out of Historic Environment Scotland's functions. 6 In this paragraph “ specified ” means specified in a staff transfer scheme. Staff transfer schemes: general 2 1 This paragraph applies in relation to a staff transfer scheme under paragraph 1. 2 The scheme must specify a date (the “transfer date”) on which the transfer is to take effect. 3 The scheme may— a specify different dates for different purposes, b make different provision in relation to different cases or classes of case. Transfers under paragraph 1: effect on contract of employment 3 1 This paragraph applies where— a a person is to be transferred by virtue of a staff transfer scheme, and b immediately before the transfer date the person has a contract of employment with— i the Royal Commission on the Ancient and Historical Monuments of Scotland, or ii the Scottish Ministers. 2 The contract of employment has effect on and after the transfer date as if originally made between the person and Historic Environment Scotland. 3 The rights, powers, duties and liabilities of the Royal Commission on the Ancient and Historical Monuments of Scotland or, as the case may be, the Scottish Ministers under or in connection with the contract of employment are by virtue of this paragraph transferred to Historic Environment Scotland on the transfer date. 4 Anything done before the transfer date by or in relation to the Royal Commission on the Ancient and Historical Monuments of Scotland or, as the case may be, the Scottish Ministers in respect of the contract of employment or the person is to be treated on and after that date as having been done by or in relation to Historic Environment Scotland. 5 If, before the transfer date, the person informs the Royal Commission on the Ancient and Historical Monuments of Scotland or, as the case may be, the Scottish Ministers that the person does not wish to become an employee of Historic Environment Scotland— a sub-paragraphs (2) to (4) do not apply in relation to the person, and b the person's contract of employment is terminated on the day before the transfer date. 6 A person is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph in relation to the person. 7 Nothing in this paragraph affects any right of a person to terminate the person's contract of employment if a substantial detrimental change in the person's working conditions is made. 8 No such right arises by reason only that, by virtue of this paragraph, the identity of the person's employer changes. Property transfer schemes 4 1 The Scottish Ministers may make a property transfer scheme. 2 A property transfer scheme is a scheme making provision for or in connection with the transfer to Historic Environment Scotland of property, rights, liabilities and obligations of— a the Royal Commission on the Ancient and Historical Monuments of Scotland, b the Scottish Ministers. 3 A property transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights, liabilities and obligations relate to Historic Environment Scotland's functions. 4 The Royal Commission on the Ancient and Historical Monuments of Scotland must provide the Scottish Ministers with such information or assistance as Ministers may reasonably require for the purposes of or in connection with the making of a property transfer scheme. 5 On the transfer date— a any property or rights to which a property transfer scheme applies transfer to and vest in Historic Environment Scotland, b any liabilities or obligations to which such a scheme applies become liabilities or obligations of Historic Environment Scotland. 6 A property transfer scheme may make provision for the payment by Historic Environment Scotland of compensation in respect of property and rights transferred by virtue of the scheme. Property transfer schemes: general 5 1 This paragraph applies in relation to a property transfer scheme under paragraph 4. 2 The scheme must specify a date (the “transfer date”) on which the transfer is to take effect. 3 The scheme may— a specify different dates in relation to different property, rights, liabilities and obligations, b make different provision in relation to different cases or classes of case. 4 The scheme may make provision for the creation of rights, or the imposition of liabilities or obligations, in relation to the property, rights, liabilities or obligations transferred by virtue of the scheme. 5 The scheme may make provision requiring Historic Environment Scotland to comply with requirements or conditions specified by the Scottish Ministers in relation to the property. 6 A certificate issued by the Scottish Ministers that any property, right, liability or obligation has, or has not, been transferred by virtue of a property transfer scheme is conclusive evidence of the transfer or the fact that there has not been a transfer. 7 The scheme may make provision about the continuation of legal proceedings. Transfer schemes: additional provision 6 A staff transfer scheme under paragraph 1 or a property transfer scheme under paragraph 4 may include such incidental, consequential, supplementary, transitional, transitory or saving provision as the Scottish Ministers consider appropriate. SCHEDULE 6 CONSEQUENTIAL MODIFICATIONS (introduced by section 28) Ethical Standards in Public Life etc. (Scotland) Act 2000 1 In the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7), in schedule 3 (devolved public bodies)— a the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed, b at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ” . Scottish Public Services Ombudsman Act 2002 2 In the Scottish Public Services Ombudsman Act 2002 (asp 11), in Part 2 of schedule 2 (listed authorities: entries amendable by Order in Council), under the heading “Scottish public authorities”— a after paragraph 25 (the entry for Highlands and Islands Enterprise) insert— 25ZA Historic Environment Scotland. , b paragraph 34 (the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland) is repealed. Freedom of Information (Scotland) Act 2002 3 In the Freedom of Information (Scotland) Act 2002 (asp 13), in Part 7 of schedule 1 (Scottish public authorities: others)— a after paragraph 67 (the entry for Highlands and Islands Enterprise) insert— 67ZA Historic Environment Scotland. , b paragraph 76 (the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland) is repealed. Public Appointments and Public Bodies etc. (Scotland) Act 2003 4 In the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), in schedule 2 (the specified authorities), under the heading “Executive bodies”— a at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ” , b the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed. Public Services Reform (Scotland) Act 2010 5 In the Public Services Reform (Scotland) Act 2010 (asp 8)— a in schedule 5 (improvement of public functions: listed bodies), under the heading “Scottish public authorities with mixed functions or no reserved functions”— i at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ” , ii the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed, b in schedule 8 (information on exercise of public functions: listed public bodies)— i at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ” , ii the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed. Public Records (Scotland) Act 2011 6 In the Public Records (Scotland) Act 2011 (asp 12), in the schedule (authorities to which Part 1 applies), under the heading “Others”— a at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ” , b the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed. S. 1 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 1 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 2 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 3 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 4 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 5 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 6 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 7 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 8 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 9 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 10 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 11 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 12 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 13 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 Sch. 1 para. 14 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368 , art. 2 S. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. S. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. S. 9 in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. S. 12 in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. S. 13 in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. S. 14 in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. S. 15 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. S. 16 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. S. 19 in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. S. 21 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. S. 23 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. S. 28 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 3 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 4 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 5 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 6 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 7 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 8 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 9 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 10 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 11 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 12 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 13 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 1 para. 14 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 3 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 4 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 5 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 6 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 7 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 8 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 9 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 10 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 11 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 12 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 13 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 14 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 15 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 16 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 17 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 18 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 19 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 20 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 21 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 22 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 23 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 24 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 25 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 26 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 27 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 28 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 29 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 30 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 31 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 32 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 33 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 34 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 35 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 36 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 37 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 38 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 39 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 40 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 41 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 42 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 43 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 44 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 45 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 46 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 47 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 48 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 49 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 50 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 51 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 2 para. 52 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 3 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 4 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 5 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 6 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 7 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 8 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 9 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 10 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 11 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 12 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 13 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 14 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 15 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 16 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 17 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 18 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 19 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 20 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 21 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 22 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 23 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 24 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 25 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 26 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 27 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 3 para. 28 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. Sch. 5 para. 1 in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. Sch. 5 para. 2 in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. Sch. 5 para. 3 in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. Sch. 5 para. 4 in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. Sch. 5 para. 5 in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. Sch. 5 para. 6 in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. Sch. 6 para. 1(b) in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. Sch. 6 para. 2(a) in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. Sch. 6 para. 3(a) in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. Sch. 6 para. 4(a) in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. Sch. 6 para. 5(a)(i), (b)(i) in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. Sch. 6 para. 6(a) in force at 27.2.2015 by S.S.I. 2015/31 , art. 2 , Sch. S. 15 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239) , arts. 1(1) , 2(1) Sch. 2 para. 1 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239) , arts. 1(1) , 2(1) Sch. 2 para. 2 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239) , arts. 1(1) , 2(1) Sch. 2 para. 3 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239) , arts. 1(1) , 2(1) S. 16 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239) , arts. 1(1) , 13(1) Sch. 3 para. 1 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239) , arts. 1(1) , 13(1) Sch. 3 para. 2 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239) , arts. 1(1) , 13(1) Sch. 3 para. 3 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239) , arts. 1(1) , 13(1) Sch. 3 para. 4 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239) , arts. 1(1) , 13(1) Sch. 3 para. 5 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239) , arts. 1(1) , 13(1) Sch. 3 para. 6 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239) , arts. 1(1) , 13(1) Sch. 6 para. 1(a) in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 6 para. 2(b) in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 6 para. 3(b) in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 6 para. 4(b) in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 6 para. 5(a)(b)(ii) (ii) in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 6 para. 6(b) in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 1 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 20 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 21 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 22 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 23 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 24 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 2 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 15 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 16 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 28 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 3 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 4 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 5 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 6 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 7 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 8 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 10 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 11 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 17 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 18 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 1 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 2 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 3 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 4 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 5 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 6 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 7 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 8 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 9 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 10 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 11 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 12 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 13 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 1 para. 14 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 2 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 3 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 5 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 6 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 7 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 8 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 9 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 10 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 11 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 12 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 13 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 14 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 15 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 17 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 18 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 19 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 20 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 21 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 22 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 24 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 25 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 26 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 27 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 28 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 29 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 30 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 32 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 33 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 34 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 35 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 37 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 38 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 40 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 41 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 42 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 43 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 44 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 45 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 46 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 47 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 48 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 49 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 50 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 51 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 52 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 2 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 3 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 4 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 5 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 6 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 8 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 9 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 10 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 11 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 13 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 14 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 15 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 16 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 18 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 19 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 20 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 21 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 22 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 23 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 25 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 26 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 27 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 28 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 4 para. 2 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 4 para. 3 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 4 para. 4 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 4 para. 5 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 1 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 4 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 16 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 23 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 31 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 36 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 2 para. 39 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 1 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 7 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 12 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 17 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 3 para. 24 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) Sch. 4 para. 1 in force at 1.10.2015 by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19 ) S. 30(3A) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524) , art. 1(2) , Sch. 5 para. 47(b) Words in s. 30(2) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524) , art. 1(2) , Sch. 5 para. 47(a)
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[uk-legislation-asp][asp] 2024-05-04 Disabled Persons' Parking Badges (Scotland) Act 2014
http://www.legislation.gov.uk/asp/2014/17/2015-03-30
http://www.legislation.gov.uk/asp/2014/17/2015-03-30 Disabled Persons' Parking Badges (Scotland) Act 2014 An Act of the Scottish Parliament to make provision about badges for display on motor vehicles used by disabled persons. text text/xml en Statute Law Database 2015-08-25 Expert Participation 2015-03-30 Disabled Persons' Parking Badges (Scotland) Act 2014 2014 asp 17 An Act of the Scottish Parliament to make provision about badges for display on motor vehicles used by disabled persons. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th August 2014 and received Royal Assent on 24th September 2014 Form of badge 1 In section 21 (badges for display on motor vehicles used by disabled persons) of the Chronically Sick and Disabled Persons Act 1970, for paragraph (b) of subsection (1A) there is substituted— b of a form which fulfils any requirements as to form prescribed or otherwise specified by the Scottish Ministers, in the case of a badge issued by a local authority in Scotland. . Power to cancel badge 2 In section 21(7AB) of the Chronically Sick and Disabled Persons Act 1970, the words “in England and Wales” are repealed. Power to confiscate badge 3 In section 21(4D) of the Chronically Sick and Disabled Persons Act 1970, the words “in England and Wales” are repealed. Offence of using cancelled badge 4 1 In section 21(4BZA) of the Chronically Sick and Disabled Persons Act 1970, the words “in England and Wales” are repealed. 2 In subsection (1ZA) of section 117 (wrongful use of disabled person's badge) of the Road Traffic Regulation Act 1984, the words “in its application to the use of a vehicle in England and Wales” are repealed. Enforcement officers 5 1 Section 21 of the Chronically Sick and Disabled Persons Act 1970 is amended as follows. 2 In subsection (4BA)— a after the word “constable” in the opening words there is inserted “ or enforcement officer ” , b in paragraph (a), after the word “constable” there is inserted “ or officer ” . 3 After subsection (4BB) there is inserted— 4BC No offence is committed under subsection (4BB) if— a the person requiring the badge to be produced is an enforcement officer, other than a traffic warden or parking attendant, and b when requiring the badge to be produced, the officer does not produce appropriate evidence of the officer's authority to exercise the power under subsection (4BA). . 4 For subsection (8A) there is substituted— 8A In this section— “ constable ” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012, “ enforcement officer ” means— a traffic warden, a parking attendant, or a person who— is employed by a local authority or by a person with whom the authority have made arrangements for the purposes of this section, and is authorised in writing by the authority to exercise the powers in subsections (4BA) and (4D). . Review of local authority decision 6 1 The Scottish Ministers may by regulations— a require a local authority to review any relevant decision taken by the authority, b specify who may apply for a review and the manner in which an application is to be made, c provide for the procedure that an authority is to follow when conducting and disposing of a review. 2 For the purpose of subsection (1), “ relevant decision ” means decision that a person is not a disabled person of a description prescribed under section 21(2) of the Chronically Sick and Disabled Persons Act 1970. 3 Regulations under subsection (1) may provide that the review requirement which they impose does not apply to a decision that a person is not a disabled person of a description that is— a prescribed under section 21(2) of the Chronically Sick and Disabled Persons Act 1970, and b specified in the regulations. 4 Regulations under subsection (1) are subject to the negative procedure. Commencement 7 1 This section and sections 6 and 8 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint. Short title 8 The short title of this Act is the Disabled Persons' Parking Badges (Scotland) Act 2014. S. 1 in force at 30.3.2015 by S.S.I. 2015/8 , art. 2 S. 2 in force at 30.3.2015 by S.S.I. 2015/8 , art. 2 S. 3 in force at 30.3.2015 by S.S.I. 2015/8 , art. 2 S. 4 in force at 30.3.2015 by S.S.I. 2015/8 , art. 2 S. 5 in force at 30.3.2015 by S.S.I. 2015/8 , art. 2
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[uk-legislation-asp][asp] 2024-05-04 Buildings (Recovery of Expenses) (Scotland) Act 2014
http://www.legislation.gov.uk/asp/2014/13/2015-01-24
http://www.legislation.gov.uk/asp/2014/13/2015-01-24 Buildings (Recovery of Expenses) (Scotland) Act 2014 An Act of the Scottish Parliament to amend the Building (Scotland) Act 2003 to provide for expenses incurred by local authorities in connection with notices served or work carried out under that Act to be recovered by way of charging order. text text/xml en Statute Law Database 2014-08-19 2015-01-24 Buildings (Recovery of Expenses) (Scotland) Act 2014 2014 asp 13 An Act of the Scottish Parliament to amend the Building (Scotland) Act 2003 to provide for expenses incurred by local authorities in connection with notices served or work carried out under that Act to be recovered by way of charging order. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th June 2014 and received Royal Assent on 24th July 2014 Expenses recoverable using charging orders 1 The Building (Scotland) Act 2003 (asp 8) is amended as follows— a in section 44— i at the end of subsection (1) insert “ or makes a charging order under section 46A ” , ii at the end of subsection (2)(b) insert “ or the whole of the repayable amount due under the charging order ” , b after section 46 insert— Charging orders Charging orders 46A 1 A local authority entitled to recover any expenses under section 25(7)(b), 26(3)(b), 27(7)(b), 28(10)(b), 29(2) or (3) or 30(4)(b) that are qualifying expenses may make in favour of itself an order (a “charging order”)— a specifying the building concerned and the repayable amount calculated in accordance with section 46C, and b providing that the building concerned is charged with the repayable amount. 2 A charging order, and a discharge of a charging order, are to be in the form prescribed under section 36. Qualifying expenses 46B 1 Qualifying expenses are expenses recoverable by a local authority under section 25(7)(b), 26(3)(b), 27(7)(b), 28(10)(b), 29(2) or (3) or 30(4)(b) and which relate to— a a building regulations compliance notice under section 25(3) served after the commencement of this section, b a continuing requirement enforcement notice under section 26(2) served after such commencement, c a building warrant enforcement notice under section 27(2) relating to a building served on the owner of the building after such commencement, d a defective building notice under section 28(1) or, as the case may be, a dangerous building notice under section 29(6), in either case served after such commencement, or e notice under section 29(3) or, as the case may be, works under that section without notice, in either case given or carried out after such commencement. 2 Where a charging order is made in respect of expenses incurred by a local authority in demolishing a building, references in this section, section 46A and sections 46C to 46G to a building are to be read as references to the site of the demolished building. Repayable amount 46C 1 The repayable amount is the lower of— a the total of the qualifying expenses and any sum recoverable under subsection (2), and b any amount determined by the local authority. 2 A local authority may, in addition to any qualifying expenses, recover from the owner of the building concerned— a the amount of any fee payable in respect of registering a charging order or the discharge of a charging order, b any administrative or other expenses incurred by it in connection with the charging order or discharge, and c interest, at such reasonable rate as it may from time to time determine, from the date when a demand for payment is served until the whole amount is paid. 3 The local authority must determine— a the number of annual instalments, being no fewer than 5 and no more than 30, in which the repayable amount is to be paid, and b the date in each year on which the instalment becomes due. Charging order provision and early repayment 46D 1 A charging order must provide— a that the repayable amount is payable in the number of annual instalments and on the date in each year determined under section 46C(3), b that in default of such payment each instalment, together with any amount recoverable in respect of that instalment under section 46C(2)(a) or (b), is to be separately recoverable as a debt, and c that if immediately after the final instalment falls due any balance of the repayable amount remains unpaid, that balance is immediately due for repayment and is recoverable as a debt. 2 The owner of any building subject to a charging order may at any time redeem the repayable amount early by paying to the local authority the repayable amount in full or such lower sum as the owner may agree with the local authority. Registration 46E 1 The local authority must register a charging order in the appropriate land register. 2 A charging order may be registered in any period during which the order is of no effect by virtue of section 47(4). 3 On the registration of a charging order, the charge specified in the order is created in respect of the building specified in it. 4 A registered charging order is enforceable at the instance of the local authority against the owner of the charged building (but subject to section 46F). 5 The local authority must register a discharge of a charging order in the appropriate land register as soon as reasonably practicable after it has received— a payment in full of the repayable amount, or b a sum redeeming the repayable amount under section 46D(2). 6 On the registration of the discharge of a charging order, the charge specified in the order is discharged. Liability of new owner 46F 1 Subsection (2) applies where— a a charging order is registered in respect of a building, and b the order was registered at least 14 days before the date on which a person (the “new owner”) acquires right to the building. 2 The new owner is severally liable with any former owner of the building for the repayable amount for which the former owner is liable. Continuing liability of former owner 46G 1 An owner of a building who is liable for the repayable amount does not, by virtue only of ceasing to be such an owner, cease to be liable for the repayable amount. 2 Where, in relation to a building, a new owner (within the meaning of section 46F(1)(b)) pays the repayable amount, or any part of it, for which a former owner of the building is liable, the new owner may recover the amount, or the part of it, so paid from the former owner. 3 A person who is entitled to recover an amount under subsection (2) does not, by virtue only of ceasing to be the owner of the building, cease to be entitled to recover that amount. “Register” and “appropriate land register” 46H 1 In sections 46C to 46F, “ register ”, in relation to a charging order or a discharge of a charging order, means register the information contained in the order or discharge in the Land Register of Scotland or, as appropriate, record the order or discharge in question in the Register of Sasines; and “registered” and other related expressions are to be read accordingly. 2 In section 46E, “ appropriate land register ” means the Land Register of Scotland or the Register of Sasines. , c in section 47— i in subsection (1), after paragraph (g) insert— h any charging order made under section 46A. , ii in subsection (3), for the words “or notice” in both places where they occur, substitute “ , notice or order ” , iii after subsection (3) insert— 3A On any appeal made by virtue of subsection (3) in relation to a charging order made under section 46A, no question may be raised which might have been raised on an appeal against the original notice or decision requiring the execution of the works to which the charging order relates. , iv in subsection (4), for the words “or notice” substitute “ , notice or order ” . Ancillary provision 2 1 The Scottish Ministers may by order make such supplementary, incidental, consequential, transitional or transitory provision or savings as they consider appropriate 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 this or any other enactment. 3 An order under this section containing provision which adds to, replaces or omits any part of the text of an Act is subject to the affirmative procedure. 4 Otherwise, an order under this section is subject to the negative procedure. Commencement 3 1 This section and section 4 come into force on the day after Royal Assent. 2 The remaining provisions of this Act come into force at the end of the period of 6 months beginning with the day of Royal Assent. Short title 4 The short title of this Act is the Buildings (Recovery of Expenses) (Scotland) Act 2014.
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[uk-legislation-asp][asp] 2024-05-04 City of Edinburgh Council (Leith Links and Surplus Fire Fund) Act 2014
http://www.legislation.gov.uk/asp/2014/7/2014-04-04
http://www.legislation.gov.uk/asp/2014/7/2014-04-04 City of Edinburgh Council (Leith Links and Surplus Fire Fund) Act 2014 An Act of the Scottish Parliament to amend the City of Edinburgh District Council Order Confirmation Act 1991 to create an exception to the prohibition on the construction of monuments on Leith Links; to amend the purposes for which the Surplus Fire Fund may be used; to transfer the property, rights, interests and liabilities of the Surplus Fire Fund to a successor charitable trust and then dissolve the Surplus Fire Fund; and for connected purposes. text text/xml en Statute Law Database 2014-04-23 2014-04-04 City of Edinburgh Council (Leith Links and Surplus Fire Fund) Act 2014 2014 asp 7 An Act of the Scottish Parliament to amend the City of Edinburgh District Council Order Confirmation Act 1991 to create an exception to the prohibition on the construction of monuments on Leith Links; to amend the purposes for which the Surplus Fire Fund may be used; to transfer the property, rights, interests and liabilities of the Surplus Fire Fund to a successor charitable trust and then dissolve the Surplus Fire Fund; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 18th February 2014 and received Royal Assent on 27th March 2014 Leith Links Modification of restriction on buildings in certain parks 1 In section 22 of the Schedule to the 1991 Act (restrictions on buildings in certain parks) the existing provision becomes subsection (1) and after that subsection (as so numbered) there is inserted–– 2 Nothing in subsection (1) prohibits the construction of a monument on Leith Links, consisting of a statue of John Rattray, commemorating the first recorded rules of the game of golf. . Surplus Fire Fund Purposes for which the Surplus Fire Fund may be applied 2 1 The trustees of the Surplus Fire Fund may apply the Surplus Fire Fund only for the purposes set out in subsection (2), and in accordance with the condition set out in subsection (3). 2 The purposes referred to in subsection (1) are–– a the relief of any persons suffering injury, or of the dependants of persons who have lost their lives or have suffered injury, in or in connection with fires within the City of Edinburgh local government area; b making awards or grants to compensate for damage, other than structural damage, to domestic premises and household contents caused by fire within the City of Edinburgh local government area; c making awards or grants to natural persons who have rendered meritorious services in connection with fires within the City of Edinburgh local government area; and d making awards or grants to fund the purchase of equipment for use in hospital burns units that the trustees believe will provide care to patients a reasonable proportion of whom reside within the City of Edinburgh local government area. 3 The condition referred to in subsection (1) is that awards, grants, payments and other benefits made or conferred in respect of the purposes in subsections (2)(a) and (b) may only be made to, or conferred upon, natural persons who reside within the City of Edinburgh local government area. 4 Any provision of any other enactment, or of any trust deed, that provides for the Surplus Fire Fund to be applied for any specified purpose is of no effect. Transfer of property, rights, interests and liabilities 3 1 All property, rights, interests and liabilities of the Surplus Fire Fund are transferred to and vest in the transferee. 2 Subsection (1) has effect so as to transfer any property, rights, interests and liabilities notwithstanding any provision (of whatever nature) that would otherwise prevent or restrict that transfer. 3 In every existing contract in which the Surplus Fire Fund is referred to, references to the Surplus Fire Fund are to be construed as references to the transferee. 4 Any property, right, interest or liability in respect of which but for this Act–– a delivery or possession; or b intimation of its assignation, would be required in order to complete title to it, transfers to and vests in the transferee by virtue of this Act as if at the date on which the transfer of the property, right, interest or liability by this Act takes effect the transferee had taken delivery or possession of the property, right, interest or liability in question or, as the case may be, had made intimation of its assignation. 5 This Act is deemed to be, and may be used as, a general disposition, conveyance or, as the case may be, assignation of such property, rights, interests or liabilities in favour of the transferee. 6 Any legal proceedings, applications to any authority or other proceedings for the resolution of a dispute by or against the Surplus Fire Fund which are pending or current at the time this section comes into force may be continued by or against the transferee. Restrictions on the transferee following transfer 4 1 The transferee must hold, invest and otherwise deal with the property transferred by virtue of this Act, and any income deriving from that property, separately from any other property it holds, and in this Act such property and income is referred to as the “ restricted funds ”. 2 The transferee may apply the restricted funds only for the purposes set out in section 2(2), and in accordance with the condition set out in section 2(3). 3 The Fire Brigades Union may nominate up to two individuals for the purposes of subsections (4) and (5). 4 The transferee must permit any individuals nominated under subsection (3) to attend any meeting of the trustees of the transferee, or any committee of the transferee, at which the restricted funds are discussed. 5 Any individuals nominated under subsection (3) are not entitled to vote on any matter but–– a must be given at least as much notice of the meeting as is given to any trustee of the transferee, or any member of the relevant committee of the transferee; b are entitled to contribute to any discussions at the meeting relating to the restricted funds; and c are to have the same right of access to documents relating directly or indirectly to the restricted funds as any other trustee of the transferee, or any member of the relevant committee of the transferee. 6 In the event that the Fire Brigades Union ceases to exist, the power under subsection (3) is to be exercisable by–– a any body nominated by the Fire Brigades Union, prior to its ceasing to exist, to inherit that power; or b in the absence of such a body, an organisation specified by the transferee, within three months of the date on which the Fire Brigades Union ceases to exist, which appears to it to be representative of professional firefighters operating in the City of Edinburgh local government area. Dissolution and repeal 5 1 The Surplus Fire Fund is dissolved. 2 The following are repealed–– a section 71 of the Schedule to the 1927 Act; b section 572 of the Schedule to the Edinburgh Corporation Order Confirmation Act 1967; c section 41 of the Schedule to the 1991 Act; and d in section 38 of the Schedule to the 1991 Act, the definition of “surplus fire fund”. General Interpretation 6 In this Act–– “ the 1927 Act ” means the Edinburgh Corporation Order Confirmation Act 1927; “ the 1991 Act ” means the City of Edinburgh District Council Order Confirmation Act 1991; “ the Fire Brigades Union ” means the unincorporated association formed in 1918, having places of business at Bradley House, 68 Coombe Road, Kingston-upon-Thames, Surrey and 52 St Enoch Square, Glasgow, and being listed as number 332T in the list of trade unions kept by the Certification Officer under Part 1 of the Trade Union and Labour Relations (Consolidation) Act 1992; “ Surplus Fire Fund ” means the fund which was raised to relieve the sufferers by the great fire which occurred in Edinburgh in November 1824 and which was transferred to the Corporation of Edinburgh by section 71 of the Schedule to the 1927 Act, being a registered Scottish charity with the charity number SC018967; “ transferee ” means the Edinburgh Voluntary Organisations Trust, a registered Scottish charity with the charity number SC031561, being a charitable trust established by a trust deed dated 29th January 2001 and registered in the Books of Council and Session on 2nd February 2001. Commencement 7 1 Sections 1, 2 and 6, this section and section 8 come into force on the day after Royal Assent. 2 Sections 3 and 4 come into force at the end of the period of 7 days beginning with the day of Royal Assent. 3 Section 5 comes into force at the end of the period of 8 days beginning with the day of Royal Assent. Short title 8 The short title of this Act is the City of Edinburgh Council (Leith Links and Surplus Fire Fund) Act 2014.
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[uk-legislation-asp][asp] 2024-05-04 Marriage and Civil Partnership (Scotland) Act 2014
http://www.legislation.gov.uk/asp/2014/5/2021-11-30
http://www.legislation.gov.uk/asp/2014/5/2021-11-30 Marriage and Civil Partnership (Scotland) Act 2014 An Act of the Scottish Parliament to make provision for the marriage of persons of the same sex; to make further provision as to the persons who may solemnise marriage and as to marriage procedure and the places at which civil marriages may be solemnised; to make provision for the registration of civil partnerships by celebrants of religious or belief bodies; to make provision about gender change by married persons and civil partners; to make a minor correction in relation to registration information; and for connected purposes. text text/xml en Statute Law Database 2022-01-25 Expert Participation 2021-11-30 Marriage and Civil Partnership (Scotland) Act 2014 2014 asp 5 An Act of the Scottish Parliament to make provision for the marriage of persons of the same sex; to make further provision as to the persons who may solemnise marriage and as to marriage procedure and the places at which civil marriages may be solemnised; to make provision for the registration of civil partnerships by celebrants of religious or belief bodies; to make provision about gender change by married persons and civil partners; to make a minor correction in relation to registration information; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 4th February 2014 and received Royal Assent on 12th March 2014 PART 1 MARRIAGE CHAPTER 1 SAME SEX MARRIAGE Marriage of related persons 1 1 The Marriage (Scotland) Act 1977 (“ the 1977 Act ”) is amended as follows. 2 In section 2 (marriage of related persons)— a for subsection (1) substitute— 1 Subject to subsection (1A), a marriage between persons who are related to each other in a forbidden degree is void if solemnised— a in Scotland; or b at a time when either party is domiciled in Scotland. 1ZA For the purposes of subsection (1), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 1. , b in subsection (1A), for the words from the beginning to “paragraph,” substitute “ A person who is related to another person in a degree specified in paragraph 2 of Schedule 1 (relationships by affinity) is not related to that person in a forbidden degree ” , c after subsection (1A) insert— 1C For the purposes of paragraph 2 of Schedule 1, “ spouse ” means— a in the case of a marriage between persons of different sexes, a wife in relation to her husband or a husband in relation to his wife; and b in the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other. , d in subsection (7)— i for “those provisions” substitute “ subsection (1C)(a) as it applies to paragraph 2 of Schedule 1 ” , and ii the word “former” in each place where it appears is repealed, and e in subsection (7A)— i for “mother” substitute “ parent ” , and ii the words “in either column” are repealed. 3 For schedule 1 substitute— SCHEDULE 1 DEGREES OF RELATIONSHIP (introduced by section 2) 1 Relationships by consanguinity Parent Child Grandparent Grandchild Sibling Aunt or uncle Niece or nephew Great-grandparent Great-grandchild 2 Relationships by affinity referred to in section 2(1A) Child of former spouse Child of former civil partner Former spouse of parent Former civil partner of parent Former spouse of grandparent Former civil partner of grandparent Grandchild of former spouse Grandchild of former civil partner 3 Relationships by adoption Adoptive parent or former adoptive parent Adopted child or former adopted child. . Objections to marriage 2 In section 5(4) of the 1977 Act (objections to marriage)— a paragraph (e) is repealed, and b in paragraph (f), for “than one mentioned in paragraphs (a) to (e) above,” substitute than— i one mentioned in paragraphs (a) to (d) above; or ii the ground that the parties are of the same sex, . Preliminaries to marriage 3 1 The 1977 Act is amended as follows. 2 In section 3 (notice of intention to marry)— a in subsection (1)— i for paragraph (b) substitute— b if the person has previously been married and the marriage ended on the death of the other party to that marriage, the death certificate of that other party; , and ii after that paragraph insert— ba if the person has previously been in a civil partnership which ended on the death of the other party to the civil partnership, the death certificate of that other party; , b in subsection (2), for “or (b)” substitute “ , (b), (ba) or (bb) ” , and c in subsection (5), after paragraph (ii)(b) of the proviso insert ; or c if no such certificate has been issued only by reason of the fact that the parties to the intended marriage are of the same sex. . 3 In section 7(1) (marriage outside Scotland where a party resides in Scotland), after “(b)” insert “ , (ba), (bb) ” . Meaning of marriage and related expressions in enactments and documents 4 1 References (however expressed) in any enactment to— a marriage (including a marriage that has ended), b a person who is (or was) married to another person, and c two people who are (or were) married to each other, are references to marriage whether between persons of different sexes or persons of the same sex and to a party (or former party), or as the case may be the parties (or former parties), to such a marriage. 2 Subsection (3) applies to references (however expressed) in any enactment to two people who— a are (or were) not married to each other, but b are (or were) living together as if they were husband and wife. 3 The references include two people of the same sex who are (or were) not married to, nor in civil partnership with, each other but who are (or were) living together as if they were married to each other. 4 References (however expressed) in any enactment to two people of the same sex who are (or were) living together as if they were in a civil partnership cease to have effect. 5 Subsections (1) to (4)— a apply to enactments (other than private Acts) passed or made before the commencement of this section, and b do not apply in so far as the enactment, or any other enactment, provides otherwise. 6 In so far as being (or having been) married or in a purported marriage is relevant for the operation of any rule of law, the rule of law applies equally in relation to marriage or purported marriage to a person of a different sex and marriage or purported marriage to a person of the same sex. 7 Subsections (1) to (6) are subject to an order under subsection (8). 8 The Scottish Ministers may by order provide for any of subsections (1) to (6)— a to have effect subject to provision made by the order, or b not to apply in cases specified in the order. 9 An order under subsection (8)— a may make different provision for different purposes, b may include consequential, supplementary, incidental, transitional, transitory or saving provision, c may modify any enactment (including this Act), d is (except where subsection (10) applies) subject to the negative procedure. 10 An order under subsection (8) which adds to, replaces or omits any part of the text of an Act is subject to the affirmative procedure. 11 References (however expressed) in any document to— a marriage (including a marriage that has ended), b a person who is (or was) married to another person, and c two people who are (or were) married to each other, are references to marriage whether between persons of different sexes or persons of the same sex and to a party (or former party), or as the case may be the parties (or former parties), to such a marriage. 12 The following expressions in any document have the meanings given— a “ widow ” includes a woman whose marriage to another woman ended with the other woman's death, b “ widower ” includes a man whose marriage to another man ended with the other man's death. 13 Subsections (11) and (12)— a apply to documents executed on or after the commencement of this section, and b do not apply in so far as the document provides otherwise. 14 In section 26(2) of the 1977 Act (interpretation), after the definition of “authorised registrar” insert— “ marriage ” means marriage between persons of different sexes and marriage between persons of the same sex; . 15 In schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 (definitions of words and expressions), insert at the appropriate place in alphabetical order— “ marriage ” means marriage between persons of different sexes and marriage between persons of the same sex (and any reference to a person being (or having been) married to another person, or to two people being (or having been) married to each other, is to be read accordingly), , “ widow ” includes a woman whose marriage to another woman ended with the other woman's death, , “ widower ” includes a man whose marriage to another man ended with the other man's death, . Same sex marriage: further provision 5 1 For the avoidance of doubt, the rule of law which provides for a marriage to be voidable by reason of impotence has effect only in relation to a marriage between persons of different sexes. 2 In section 1 of the Divorce (Scotland) Act 1976 (grounds of divorce), after subsection (3) insert— 3A For the avoidance of doubt, in relation to marriage between persons of the same sex, adultery has the same meaning as it has in relation to marriage between persons of different sexes. . Jurisdiction in proceedings relating to same sex marriages 6 Schedule 1, which makes provision about jurisdiction in proceedings relating to same sex marriages, has effect. Reset: abolition of defence 7 1 Any rule of law under which a wife who receives or conceals goods stolen by her husband does not commit the offence of reset ceases to apply. 2 Subsection (1) applies only in relation to things done after the day on which this section comes into force. CHAPTER 2 MARRIAGE BETWEEN CIVIL PARTNERS IN QUALIFYING CIVIL PARTNERSHIPS Marriage between civil partners in qualifying civil partnerships 8 1 The 1977 Act is amended as follows. 2 In section 3 (notice of intention to marry), in subsection (1), after paragraph (ba) (inserted by section 3(2)(a)(ii) of this Act), insert— bb if the person is in a qualifying civil partnership within the meaning of section 5(6) with the other party to the intended marriage, an extract from the entry in the civil partnership register relating to the civil partnership; . 3 In section 5 (objections to marriage)— a in subsection (4)(b), after “partnership” insert “ other than a qualifying civil partnership with each other ” , and b after subsection (5) insert— 6 For the purposes of subsection (4)(b) a “qualifying civil partnership” is a civil partnership which— a was registered in Scotland; and b has not been dissolved, annulled or ended by death. 7 A civil partnership which was registered outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 of the Civil Partnership Act 2004 is to be treated for the purposes of subsection (6)(a) as having been registered in Scotland if— a the parties to the civil partnership elected Scotland as the relevant part of the United Kingdom under the Order; and b details of the civil partnership have been sent to the Registrar General of Births, Deaths and Marriages for Scotland. . Power to modify meaning of “qualifying civil partnership” 9 1 The Scottish Ministers may by order modify the meaning of “qualifying civil partnership” given by section 5(6) of the 1977 Act (inserted by section 8(3)(b) of this Act) so as to include civil partnerships registered outside Scotland. 2 An order under subsection (1)— a may make different provision for different purposes, b may include consequential, supplementary, incidental, transitional, transitory or saving provision, c may modify any enactment (including this Act), d is subject to the affirmative procedure. 3 Before laying a draft of an order under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult the following persons on a copy of the proposed draft order— a the Registrar General of Births, Deaths and Marriages for Scotland, and b such other persons as the Scottish Ministers consider appropriate. Change of qualifying civil partnership into marriage 10 1 The Scottish Ministers may by regulations make provision to establish a procedure for the parties to a qualifying civil partnership to change their civil partnership into a marriage. 2 Regulations under subsection (1) may in particular make provision— a about the making by the parties to a qualifying civil partnership of an application to change their civil partnership into a marriage, b about the information to be provided in support of an application, c about the provision of evidence in support of an application, d for persons who have made an application to appear before any person or appear at any place, e conferring functions on persons in relation to applications, f for fees, of such amounts as are specified in or determined in accordance with the regulations, to be payable in respect of— i the making of an application, ii the exercise of any function conferred by virtue of paragraph (e). 3 Functions conferred by virtue of subsection (2)(e) may include functions relating to— a the recording of information relating to qualifying civil partnerships changing into marriages, b the issuing of certified copies of any information recorded. 4 Before making regulations under subsection (1), the Scottish Ministers must consult the Registrar General of Births, Deaths and Marriages for Scotland. 5 Regulations under subsection (1)— a may make different provision for different purposes, b may include consequential, supplementary, incidental, transitional, transitory or saving provision, c may modify any enactment (including this Act), d are (except where subsection (6) applies) subject to the negative procedure. 6 Regulations under subsection (1) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure. 7 In this section “ qualifying civil partnership ” has the meaning given by section 5(6)(a)(i)(A) of the 1977 Act . Effect of marriage between civil partners in a qualifying civil partnership 11 1 This section applies where civil partners in a qualifying civil partnership (within the meaning of section 5(6) of the 1977 Act)— a marry in accordance with that Act, or b change their civil partnership into a marriage in accordance with provision made under section 10(1). 2 Where this section applies— a the qualifying civil partnership ends on the date on which— i the marriage was solemnised, or ii the change took effect, and b the civil partners are to be treated as having been married to each other since the date on which the qualifying civil partnership was registered. 3 For the purposes of subsection (2)(b)— a a civil partnership registered under an Order in Council made under section 210 of the 2004 Act is to be treated as having been registered when it is entered in the Register Book maintained under the Order, b a civil partnership registered under an Order in Council made under section 211 of the 2004 Act is to be treated as having been registered when the civil partnership register is signed in accordance with the Order. 4 Subsection (2)(b) is subject to— a any provision to the contrary made by or under any enactment, b an order under subsection (5). 5 The Scottish Ministers may by order provide for subsection (2)(b)— a to have effect subject to provision made by the order, or b not to apply in cases specified in the order. 6 An order under subsection (5)— a may include consequential, supplementary, incidental, transitional, transitory or saving provision, b is subject to the negative procedure. 7 If a decree of aliment under section 3 of the Family Law (Scotland) Act 1985 (powers of court in action for aliment) requiring one of the civil partners to make payments to the other is in force at the time the qualifying civil partnership ends by virtue of subsection (2)(a) of this section, the decree continues to have effect despite the ending of the civil partnership. 8 If an order under section 103(3) or (4) of the 2004 Act (regulation by court of rights of occupancy of family home) is in force at the time the qualifying civil partnership ends by virtue of subsection (2)(a) of this section the order has effect from that time as if made under section 3(3) or, as the case may be, 3(4) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (regulation by court of rights of occupancy of matrimonial home). 9 In section 1 of the 2004 Act (provision for civil partnership), after subsection (3) insert— 3A Subsection (3) is subject to section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (ending of certain civil partnerships on marriage under Scots law). . CHAPTER 3 SOLEMNISATION OF MARRIAGE Persons who may solemnise marriage 12 1 The 1977 Act is amended as follows. 2 In section 8 (persons who may solemnise marriage)— a in subsection (1)— i after “marriage” in the first place where it appears insert “ between persons of different sexes ” , ii in paragraph (a)(ii)— A for “or priest of a religious body” substitute “ priest or other celebrant of a religious or belief body ” , B for “religious body” in the second place it appears substitute “ religious or belief body ” , and C for “marriages” substitute “ marriage between persons of different sexes ” , iii in paragraph (a)(iii), after “Act” insert “ to solemnise marriage between persons of different sexes ” , and iv in paragraph (a)(iv), after “Act” insert “ to solemnise marriage between persons of different sexes ” , b after subsection (1) insert— 1A The Scottish Ministers may prescribe a religious or belief body under subsection (1)(a)(ii) only if— a the body requests them to do so; and b the Scottish Ministers are satisfied that the body meets the qualifying requirements. 1B Subject to section 23A, a marriage between persons of the same sex may be solemnised by and only by— a a person who is— i a minister, clergyman, pastor, priest or other celebrant of a religious or belief body prescribed by regulations made by the Scottish Ministers, or who, not being one of the foregoing, is recognised by a religious or belief body so prescribed as entitled to solemnise marriage between persons of the same sex on its behalf; ii registered under section 9 to solemnise marriage between persons of the same sex; or iii temporarily authorised under section 12 to solemnise marriage between persons of the same sex; or b a person who is a district registrar or assistant registrar appointed under section 17. 1C The Scottish Ministers may prescribe a religious or belief body under subsection (1B)(a)(i) only if— a the body requests them to do so; and b the Scottish Ministers are satisfied that the body meets the qualifying requirements. 1D For the avoidance of doubt, nothing in subsection (1B)(a) or (1C)(a)— a imposes a duty on any religious or belief body to make a request referred to in subsection (1C)(a); b imposes a duty on any such body to nominate under section 9 any of its members to be registered as empowered to solemnise marriages between persons of the same sex; c imposes a duty on any person to apply for temporary authorisation under section 12 to solemnise marriages between persons of the same sex; d imposes a duty on any person who is an approved celebrant in relation to marriages between persons of the same sex to solemnise such marriages. 1E In subsections (1A)(b) and (1C)(b), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers. 1F Regulations under subsection (1E)— a may make different provision for different cases or circumstances; b may include transitional and saving provision. 1G Regulations under subsection (1)(a)(ii), (1B)(a)(i) or (1E) are subject to the negative procedure. , and c in subsection (2)— i in paragraph (a)— A after “(1)(a)” insert “ or (1B)(a) ” , and B for “ “religious marriage”” substitute “ “religious or belief marriage” ” , and ii in paragraph (b), after “(1)(b)” insert “ or (1B)(b) ” . 3 In section 14 (form of ceremony to be used by approved celebrant)— a in paragraph (a), after “or (ii)” insert “ or (1B)(a)(i) ” , and b in paragraph (b), after “or (iv)” insert “ or (1B)(a)(ii) or (iii) ” . 4 In section 26(2) (interpretation)— a for the definition of “religious body” substitute— “ religious or belief body ” means an organised group of people— a which meets regularly for religious worship; or b the principal object (or one of the principal objects) of which is to uphold or promote philosophical beliefs and which meets regularly for that purpose; , and b after that definition insert— “ religious or belief marriage ” has the meaning given by section 8(2)(a); . Registration of nominated persons as celebrants 13 1 The 1977 Act is amended as follows. 2 In section 9 (registration of nominated persons as celebrants)— a in subsection (1)— i for “religious body” substitute “ religious or belief body ” , and ii after “marriages” insert “ between persons of different sexes ” , b after subsection (1) insert— 1A A religious or belief body, not being prescribed by virtue of section 8(1B)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to solemnise marriages between persons of the same sex. , c in subsection (2)— i after “(1)” insert “ or (1A) ” , ii in paragraph (a), for “religious body” substitute “ religious or belief body ” , and iii in paragraph (d)— A the word “religious” is repealed, and B after “that body” insert “ in relation to solemnising marriages between persons of different sexes or, as the case may be, marriages between persons of the same sex ” , d after paragraph (d) insert ; or e the nominating body does not meet the qualifying requirements. , e after subsection (2) insert— 2A In subsection (2)(e), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers. 2B Regulations under subsection (2A)— a may make different provision for different cases or circumstances; b may include transitional and saving provision. 2C Regulations under subsection (2A) are subject to the negative procedure. , f in subsection (3)— i after “ceremony” insert “ for marriage between persons of different sexes ” , ii in paragraph (a), for the words from “witnesses,” to “wife;” substitute witnesses— i that they accept each other as husband and wife; ii that they accept each other in marriage; or iii either or both of sub-paragraphs (i) and (ii); , iii in paragraph (b), for the words from “subsection,” to “wife,” substitute subsection— i that the parties are then husband and wife; ii that the parties are then married; or iii either or both of sub-paragraphs (i) and (ii), , and iv after “ceremonies” insert “ for marriage between persons of different sexes ” , g after subsection (3) insert— 3A For the purposes of subsection (2)(b) above, a marriage ceremony for marriage between persons of the same sex is of an appropriate form if it includes, and is in no way inconsistent with— a a declaration by the parties, in the presence of each other, the celebrant and two witnesses, that they accept each other in marriage; b a declaration by the celebrant, after the declaration mentioned in paragraph (a), that the parties are then married, and the Registrar General may, before deciding whether to accept or reject a nomination, require the nominating body to produce in writing the form of words used at its marriage ceremonies for marriage between persons of the same sex. , h in subsection (4)— i after “(1)” insert “ or (1A) ” , and ii in paragraph (b), after “area” insert “ or place ” , i in subsection (5)(a), after “(1)” insert “ or (1A) ” , j after subsection (5) insert— 5ZA The register mentioned in subsection (5)(a)(ii) is to be in two parts— a the first part containing the details mentioned in subsection (5)(a)(ii) in relation to persons nominated by religious or belief bodies to solemnise marriages between persons of different sexes; and b the second part containing those details in relation to persons nominated by religious or belief bodies to solemnise marriages between persons of the same sex. , k in subsection (6), in the proviso, for “religious body” in each place where it appears substitute “ religious or belief body ” , and l the italic cross-heading preceding section 9 becomes “ Religious or belief marriages ” . 3 In section 10 (removal of celebrant's name from register)— a in subsection (1)— i in paragraph (b), after “9(1)” insert “ or (1A) ” , and ii in paragraph (c), after “9(3)” insert “ or (3A) ” , b after that subsection insert— 1A In relation to any ground mentioned in subsection (1)(a) to (c), references in this section to removal from and restoration to the register include removal from and restoration to the appropriate part of the register. , and c in subsection (4), after “9(1)” insert “ or (1A) ” . 4 In section 14(b) (form of ceremony to be used by approved celebrant), after “9(3)” insert “ or (3A) ” . 5 In section 24(2)(a) (offences), after “area” insert “ or place ” . Temporary authorisation of celebrants 14 1 The 1977 Act is amended as follows. 2 In section 12 (temporary authorisation of celebrants)— a in subsection (1), for “person” substitute “ member of a religious or belief body ” , and b after subsection (1) insert— 1A The Registrar General may grant an authorisation to a person under subsection (1) only if satisfied that the religious or belief body of which the person is a member meets the qualifying requirements. 1B An authorisation under subsection (1)(b) may be granted in relation to— a only marriages between persons of different sexes; b only marriages between persons of the same sex; or c both. 1C The Registrar General may grant an authorisation to a person under subsection (1)(b) to solemnise marriages between persons of the same sex only if the religious or belief body of which the person is a member— a is prescribed by virtue of section 8(1B)(a)(i); or b has nominated members (whether or not including that person) under section 9(1A) to solemnise marriages between persons of the same sex. 1D In subsection (1A), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers. 1E Regulations under subsection (1D)— a may make different provision for different cases or circumstances; b may include transitional and saving provision. 1F Regulations under subsection (1D) are subject to the negative procedure. . 3 In section 24 (offences), in subsection (2)(c), for the words from “12(a)” to the end substitute 12 of this Act— i if authorised under subsection (1)(a) of that section, solemnises a marriage not specified in the authorisation; ii if authorised under subsection (1)(b) of that section, solemnises a marriage outwith the period specified in the authorisation; iii in either case, solemnises a marriage otherwise than in accordance with such terms and conditions as may be specified in the authorisation; . Religious or belief marriage: further provision 15 1 The 1977 Act is amended as follows. 2 In section 6(5) (solemnisation of marriage on date and at place in Marriage Schedule), for “religious marriage” substitute “ religious or belief marriage ” . 3 In section 11 (alterations to register), in paragraph (a), for “religious body” substitute “ religious or belief body ” . 4 In the title of section 13 (preliminaries to solemnisation of religious marriages), for “ religious marriages ” substitute “ marriages by approved celebrants ” . 5 In section 14(a) (form of ceremony to be used by approved celebrant), for “religious body” substitute “ religious or belief body ” . 6 In the title of section 15 (registration of religious marriages), for “ religious marriages ” substitute “ religious or belief marriages ” . 7 In section 15(3) (entry in register of marriage on receipt of Marriage Schedule), for “religious marriage” substitute “ religious or belief marriage ” . CHAPTER 4 SAME SEX MARRIAGE: PROTECTION OF FREEDOM OF EXPRESSION ETC. Same sex marriage: protection of freedom of expression etc. 16 1 For the avoidance of doubt, nothing in this Part so far as it makes provision for the marriage of persons of the same sex and as to the persons who may solemnise such marriages affects the exercise of— a the Convention right to freedom of thought, conscience and religion, b the Convention right to freedom of expression, or c any equivalent right conferred by rule of law. 2 “ Convention right ” has the same meaning as in the Human Rights Act 1998. CHAPTER 5 OTHER CHANGES TO MARRIAGE PROCEDURE Power of district registrar to require evidence of nationality: marriage 17 1 The 1977 Act is amended as follows. 2 In section 3 (notice of intention to marry), after subsection (4) insert— 4A A district registrar to whom a notice under subsection (1) is submitted may require the person submitting the notice to provide the district registrar with specified nationality evidence relating to each of the parties to the marriage. 4B A requirement under subsection (4A) may be imposed at any time— a on or after the submitting of the notice under subsection (1); but b before the district registrar completes the Marriage Schedule. 4C In subsection (4A), “ specified nationality evidence ” means such evidence of that person's nationality as may be specified in guidance issued by the Registrar General. . 3 In section 7 (marriage outside Scotland where a party resides in Scotland), in subsection (1) for “and (3)” substitute “ , (3) and (4A) to (4C) ” . The Marriage Schedule 18 1 The 1977 Act is amended as follows. 2 In section 6 (the Marriage Schedule)— a after subsection (1) insert— 1A Regulations under subsection (1) prescribing the form of the Marriage Schedule may make different provision for different cases or circumstances. , and b in subsection (4)(a), for “14 days” in both places where those words appear substitute “ 28 days ” . 3 In section 7(2) (issuing of certificate in respect of legal capacity to marry), for “14 days” substitute “ 28 days ” . 4 In section 19(1) (period between receipt of marriage notice and solemnisation of marriage), for “14 days” substitute “ 28 days ” . Marriage outside Scotland: evidence of dissolution of former civil partnership 19 In section 7(1) of the 1977 Act (marriage outside Scotland where a party resides in Scotland), after “3(1)(a),” insert “ (aa), ” . Religious marriages: solemnisation by Church of Scotland deacons 20 In section 8(1)(a)(i) of the 1977 Act (solemnisation of marriage by ministers of the Church of Scotland), after “minister” insert “ or deacon ” . Places at which civil marriages may be solemnised 21 1 The 1977 Act is amended as follows. 2 In section 18 (places at which civil marriages may be solemnised)— a in subsection (1)— i after paragraph (a) insert— aa at an appropriate place in the registration district of the authorised registrar; or ab with the approval of the Registrar General, at— i the registration office of another authorised registrar; ii an appropriate place in the registration district of another authorised registrar; or iii an appropriate place in Scottish waters. , ii paragraph (b) (and the word “or” following it) are repealed, and iii paragraph (c) is repealed, b after that subsection insert— 1A In this section— “ appropriate place ” means a place which— the parties to the intended marriage and the local registration authority agree is to be the place of solemnisation; and is not religious premises; “ local registration authority ” means— the local registration authority for the registration district which includes the place; or where the place is in Scottish waters, the local registration authority for the authorised registrar's registration district; “ religious premises ” means premises which— are used solely or mainly for religious purposes; or have been so used and have not subsequently been used solely or mainly for other purposes. , and c subsections (2) to (8) are repealed. 3 Section 18A (approved places) is repealed. 4 In section 19 (marriage ceremony and registration of marriage)— a in subsection (4)(a)— i for sub-paragraph (ii) substitute— ii at an appropriate place (within the meaning given by section 18) in the registration district of the authorised registrar; or , ii sub-paragraph (iii) (and the word “or” following it) are repealed, and iii in sub-paragraph (iv), for the words “in or on an approved vessel” substitute “ at an appropriate place (within the meaning given by section 18) ” , b in subsection (4)(b)(ii), for “approved place” substitute “ appropriate place (within the meaning given by section 18) ” , and c subsection (5) is repealed. 5 In section 26(2A)(b) (seaward boundary of registration district), for “within a registration district if it” substitute “ a place within a registration district if the vessel ” . Second marriage ceremony: form of endorsement 22 In section 20(2)(d) of the 1977 Act (second marriage ceremony), in the form of the endorsement, the word “19” in both places where it appears is repealed. CHAPTER 6 SHERIFF COURT JURISDICTION IN RELATION TO DECLARATOR OF MARRIAGE Sheriff court jurisdiction in relation to declarator of marriage 23 1 Section 8 of the Domicile and Matrimonial Proceedings Act 1973 (jurisdiction of the sheriff court in relation to actions for separation, divorce etc.) is amended as follows. 2 In subsection (1), before paragraph (a) insert— za an action for declarator of marriage; . 3 After subsection (2) insert— 2ZA The court has jurisdiction to entertain an action for declarator of marriage if (and only if)— a either party to the marriage— i was resident in the sheriffdom for a period of 40 days ending with the date on which the action is begun, or ii had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date, and has no known residence in Scotland on that date, and b any of the following requirements is met in relation to either of the parties to the marriage— i the party is domiciled in Scotland on the date on which the action is begun, ii the party was habitually resident in Scotland throughout the period of one year ending with that date, or iii the party died before that date and either— A was at death domiciled in Scotland, or B had been habitually resident in Scotland throughout the period of one year ending with the date of death. . 4 In subsection (3)— a after “declarator of” insert “ marriage or of ” , and b after “subsection (2)” in both places where those words appear insert “ , (2ZA) ” . 5 In subsection (4), after “declarator of” insert “ marriage or of ” . PART 2 CIVIL PARTNERSHIP Registration of civil partnership 24 1 The Civil Partnership Act 2004 (“ the 2004 Act ”) is amended as follows. 2 In section 85 (formation of civil partnership by registration)— a in subsection (1), for paragraph (c) and the words following it substitute— c the approved celebrant or, as the case may be, the authorised registrar. , and b in subsection (4)(b), at the beginning insert “ the approved celebrant or, as the case may be, ” . 3 In section 86 (eligibility)— a for subsection (2) substitute— 2 Subject to subsection (3), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 10. , b in subsection (3), for the words from the beginning to “related” in the third place where it appears substitute “ A person who is related to another person in a degree specified in paragraph 2 of Schedule 10 (relationships by affinity) is not related to that person ” , c after subsection (3) insert— 3A For the purposes of paragraph 2 of Schedule 10, “ spouse ” means— a in the case of a marriage between persons of different sexes, a wife in relation to her husband or a husband in relation to his wife, and b in the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other. , d in subsection (5)— i after “in” insert “ subsection (3A)(a) as it applies to ” , and ii the word “former” in each place where it appears is repealed, and e in subsection (5A)— i for “mother” substitute “ parent ” , and ii the words “in either column” are repealed. 4 In section 87 (appointment of authorised registrars), before “registration” in the first place where it appears insert “ civil ” . 5 In section 88 (notice of proposed civil partnership), after subsection (6) insert— 7 In this section, “ the district registrar ” means— a where the civil partnership is to be registered in a registration district, the district registrar for that district, b where the civil partnership is to be registered in Scottish waters— i in the case where the civil partnership is to be registered by an approved celebrant, the district registrar for any registration district, ii in the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar. . 6 In section 89 (civil partnership notice book), after subsection (2) insert— 3 In this section and sections 90, 91, 92 and 94, “ the district registrar ” means— a where the civil partnership is to be registered in a registration district, the district registrar for that district, b where the civil partnership is to be registered in Scottish waters— i in the case where the civil partnership is to be registered by an approved celebrant, the district registrar to whom the civil partnership notices were submitted, ii in the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar. . 7 In section 90 (publicisation)— a in subsection (1), for “a district registrar” substitute “ the district registrar ” , b in subsection (2)(b), for “14 days” substitute “ 28 days ” , and c in subsection (3), for “91” substitute “ 91(1) ” . 8 In section 91 (early registration)— a the existing text becomes subsection (1), b in that subsection— i for “An authorised registrar who” substitute “ Where the district registrar ” , ii for “14 days” substitute “ 28 days ” , and iii after “section 90)” insert “ the district registrar ” , and c after that subsection insert— 2 For the purposes of subsection (1), a request which is made by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference. . 9 In section 92 (objections to registration)— a in subsection (3), for “at which a notice of proposed civil partnership to which the objection would relate” substitute “ of the district registrar ” , b in subsection (4)(b)— i the word “and” following sub-paragraph (i) is repealed, and ii after sub-paragraph (ii) insert , and iii where, in the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule has already been issued to the parties, if possible notify that celebrant of the objection and advise the celebrant not to register the civil partnership pending consideration of the objection. , and c in subsection (5)(a), for the words “not to register the intended civil partners and to notify them” substitute “ to take all reasonable steps to ensure that the registration of the civil partnership does not take place and must notify, or direct the district registrar to notify, the intended civil partners ” . 10 In section 93 (place of registration)— a in subsection (1)— i after “registered” insert “ by an authorised registrar ” , and ii for the words from “other” in the first place where it appears to the end substitute other— a at the registration office of the authorised registrar, b at an appropriate place in the registration district of the authorised registrar, or c with the approval of the Registrar General, at— i the registration office of another authorised registrar, ii an appropriate place in the registration district of another authorised registrar, or iii an appropriate place in Scottish waters. , b after that subsection, insert— 1A In this section— “ appropriate place ” means a place which— the parties to the intended civil partnership and the local registration authority agree is to be the place of registration, and is not religious premises, “ local registration authority ” means— the local registration authority for the registration district which includes the place, or where the place is in Scottish waters, the local registration authority for the authorised registrar's registration district, “ religious premises ” means premises which— are used solely or mainly for religious purposes, or have been so used and have not subsequently been used solely or mainly for other purposes. , c subsections (2) and (3) are repealed, and d the title of section 93 becomes “ Place of civil registration of civil partnerships ” . 11 After section 93 insert— Date and place of registration of religious or belief civil partnerships 93A 1 A religious or belief civil partnership may be registered only on the date and at the place specified in the civil partnership schedule. 2 But if, for any reason, the civil partnership cannot be registered on that date or at that place and a new date or place is fixed for the registration, the district registrar must— a issue another civil partnership schedule under section 94(2) in place of that already issued, specifying the new date or place, or b substitute, or direct the approved celebrant to substitute, the new date or place in the civil partnership schedule already issued. 3 Subsection (2) does not apply where— a the new date is more than 3 months after the date for the registration specified in the civil partnership schedule already issued, or b the new place is in a different registration district, is in Scottish waters instead of a registration district or is in a registration district instead of Scottish waters. 4 In a case falling within subsection (3)(a) or (b) the Registrar General may, according to the circumstances— a direct the district registrar— i to issue another civil partnership schedule under section 94(2) in place of that already issued, specifying the new date or place, or ii to substitute, or direct the approved celebrant to substitute, the new date or place in the civil partnership schedule already issued, (whichever the Registrar General considers the more appropriate), or b direct each party to the civil partnership to submit to the district registrar a new notice of proposed civil partnership. . 12 In section 94 (the civil partnership schedule)— a the existing text becomes subsection (1), b in paragraph (b) of that subsection— i for “14 days” substitute “ 28 days ” , and ii for “91” substitute “ 91(1) ” , and c after that subsection insert— 2 In the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule completed in accordance with subsection (1) is to be issued by the district registrar to one or both of the parties to the intended civil partnership. 3 The district registrar may not issue the civil partnership schedule on a date earlier than 7 days before the date of the intended civil partnership unless authorised to do so by the Registrar General. . 13 After section 94 insert— Persons who may register civil partnerships 94A 1 A civil partnership may be registered by and only by— a a person who is— i a celebrant of a religious or belief body prescribed by regulations made by the Scottish Ministers, or who, not being a celebrant, is recognised by a religious or belief body so prescribed as entitled to register civil partnerships on its behalf, ii registered under section 94B, or iii temporarily authorised under section 94E, or b a person who is a district registrar or assistant registrar appointed under section 87. 2 The Scottish Ministers may prescribe a religious or belief body under subsection (1)(a)(i) only if— a the body requests them to do so, and b the Scottish Ministers are satisfied that the body meets the qualifying requirements. 3 For the avoidance of doubt, nothing in subsection (1)(a) or (2)(a)— a imposes a duty on any religious or belief body to make a request referred to in subsection (2)(a), b imposes a duty on any such body to nominate under section 94B any of its members to be registered as empowered to register civil partnerships, c imposes a duty on any person to apply for temporary authorisation under section 94E to register civil partnerships, d imposes a duty on any person who is an approved celebrant in relation to civil partnerships to register civil partnerships. 4 In this Part— a any such person as is mentioned in subsection (1)(a) is referred to as an “ approved celebrant ”, b a civil partnership registered by an approved celebrant is referred to as a “ religious or belief civil partnership ”, c a civil partnership registered by an authorised registrar is referred to as a “ civil registration ”. 5 In subsection (2)(b), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers. Registration of nominated persons as celebrants 94B 1 A religious or belief body, not being prescribed by virtue of section 94A(1)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to register civil partnerships. 2 The Registrar General must reject a nomination under subsection (1) if in the Registrar General's opinion— a the nominating body is not a religious or belief body, b the nominee is not a fit and proper person to register a civil partnership, c there are already registered under this section sufficient members of the same body as the nominee to meet the needs of that body, or d the nominating body does not meet the qualifying requirements. 3 In subsection (2)(d), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers. 4 Where the Registrar General accepts a nomination made under subsection (1), the Registrar General— a must determine the period during which the nominee is empowered to register civil partnerships, being a period of not more than 3 years, b may determine that the nominee is empowered to register civil partnerships only in such area or place as the Registrar General may specify, and c may make acceptance of the nominee's registration subject to such other conditions as the Registrar General thinks fit. 5 Nothing in subsection (4)(a) prevents the Registrar General from accepting a further nomination of that nominee, in accordance with this section, to take effect at any time after the end of the period determined by the Registrar General under subsection (4)(a). 6 The Registrar General must— a if accepting a nomination made under subsection (1)— i so inform the nominee and the nominating body, specifying the period during which the acceptance has effect and any condition to which the acceptance is subject, ii enter the name of the nominee, the nominating body and such other particulars as the Registrar General thinks fit in a register which the Registrar General must establish and maintain and which must be made available for public inspection at all reasonable times free of charge, b if rejecting a nomination made under subsection (1), by notice in writing inform the nominating body of the reasons for that rejection. 7 For the purposes of subsection (6)(b), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference. 8 If the nominating body is aggrieved by a rejection under this section it may, within 28 days of receiving notice of the rejection, appeal to the Scottish Ministers. 9 On any such appeal the Scottish Ministers may— a direct the Registrar General to accept the nomination, or b confirm the rejection of the nomination, and must inform the nominating body of their decision and the reason for it; and their decision is final. 10 If a reason given for confirming the rejection of a nomination is that the nominating body is not a religious or belief body, the body may, within 42 days of receiving notice of the confirmation, appeal against the decision to the Court of Session and seek the determination of that court as to whether the body is a religious or belief body. 11 If— a the Court determines that the nominating body is a religious or belief body, and b the reason mentioned in subsection (10) was the only reason given for confirming the rejection of the nomination, the Registrar General must give effect to the determination as if it were a direction under subsection (9)(a) to accept the nomination. Removal of celebrant's name from register 94C 1 Subject to the provisions of this section, the Registrar General may remove the name of a person registered under section 94B from the register on the ground that— a the person has requested that the person's name should be so removed, b the body which nominated the person under section 94B(1) no longer desires that the person should be so registered, c the person— i has, while registered as an approved celebrant, been convicted of an offence under this Part, ii has, for the purpose of profit or gain, been carrying on a business of registering civil partnerships, iii is not a fit and proper person to register civil partnerships, or iv for any other reason, should not be registered as an approved celebrant. 2 The Registrar General may not remove the name of a person from the register on any ground mentioned in subsection (1)(c) unless the Registrar General has given the person at least 21 days notice in writing of the intention to do so. 3 For the purposes of subsection (2), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference. 4 The Registrar General must— a in the notice given under subsection (2), specify the ground of removal and call upon the person to give any reasons, within the period specified in the notice, why the person's name should not be removed from the register, and b consider any representations made within that period by the person. 5 Where a person's name has been removed from the register on any of the grounds mentioned in paragraph (c) of subsection (1), the person or the body which nominated the person under section 94B(1) may, if aggrieved by the removal, within 28 days of receiving notice of the removal appeal to the Scottish Ministers. 6 On an appeal under subsection (5) the Scottish Ministers may give any direction they think proper to the Registrar General as to the removal from, or restoration to, the register of the person's name; and such direction is final. 7 Where a person has received a notice in pursuance of subsection (2), the person must not register a civil partnership unless and until the person's name is restored to the register or, as the case may be, the Registrar General has decided not to remove the person's name from the register. Alterations to register maintained under section 94B 94D 1 A body registered in pursuance of section 94B(6)(a)(ii) must notify the Registrar General of any of the following events (if practicable, within 21 days of its occurrence)— a any change in the name or the address of the body or any amalgamation with any other religious or belief body, giving the name and address of any approved celebrant who is a member of the body so registered, b the death of an approved celebrant who is a member of the body so registered, c any change of name, address or designation of an approved celebrant who is a member of the body so registered, d the cessation of an approved celebrant who is a member of the body so registered from exercising the functions of an approved celebrant, giving the person's name and address. 2 The Registrar General must, on receipt of any such notification, make whatever alteration to the register maintained under section 94B the Registrar General considers necessary or desirable. Temporary authorisation of celebrants 94E 1 The Registrar General may, in accordance with such terms and conditions as may be specified in the authorisation, grant to any member of a religious or belief body a temporary written authorisation to register— a a civil partnership or partnerships specified in the authorisation, or b civil partnerships during such period as is specified in the authorisation. 2 The Registrar General may grant an authorisation to a person under subsection (1) only if satisfied that the religious or belief body of which the person is a member meets the qualifying requirements. 3 The Registrar General may grant an authorisation to a person under subsection (1)(b) only if the religious or belief body of which the person is a member— a is prescribed by virtue of section 94A(1)(a)(i), or b has nominated members (whether or not including that person) under section 94B(1). 4 In subsection (2), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers. 5 For the purposes of subsection (1), an authorisation which is issued by electronic means is to be treated as written if it is received in a form which is legible and capable of being used for subsequent reference. . 14 In section 95 (further provision as to registration)— a in subsection (1), after “85” insert “ the approved celebrant or, as the case may be, ” , b after subsection (1) insert— 1A In the case of a religious or belief civil partnership, the parties to the civil partnership must, within 3 days of signing the civil partnership schedule in accordance with section 85(4), deliver the civil partnership schedule, or send it by post or arrange that it is delivered, to the district registrar. , c in subsection (2), for “after the civil partnership schedule has been signed, the authorised registrar” substitute after— a in the case of a civil registration, the civil partnership schedule has been signed in accordance with section 85, or b in the case of a religious or belief civil partnership, the district registrar receives the civil partnership schedule, the district registrar , d after subsection (3) insert— 3A The district registrar must not enter the particulars set out in the civil partnership schedule relating to a religious or belief civil partnership in the civil partnership register unless and until the registrar receives a duly signed civil partnership schedule in respect of that civil partnership. 3B Where the Registrar General is satisfied that— a a civil partnership has been properly registered, and b the civil partnership schedule in respect of the civil partnership has been duly signed but has been lost or destroyed, the Registrar General may direct the district registrar to complete an exact copy of the original civil partnership schedule and, so far as practicable, to arrange for its signature by those persons who signed the original schedule. 3C As soon as possible after the copy schedule has been signed, the district registrar must cause the particulars as set out in it to be entered into the civil partnership register. , and e in subsection (4), after “their” insert “ civil ” . 15 After section 95 insert— Registrar's power to require delivery of civil partnership schedule 95ZA 1 Where the civil partnership schedule is not delivered to the district registrar within 21 days from the date of registration as entered in the schedule, the registrar may serve a notice in the prescribed form on either of the parties to the civil partnership requiring that party within 8 days from the date of service to deliver the schedule, or send it by post, to the registrar. 2 If a person on whom a notice has been served under subsection (1) fails to comply with the notice, the district registrar may serve on the person a second notice in the prescribed form requiring the person to attend personally at the registration office of the district registrar, within 8 days from the date of service of the second notice, for the purpose of delivering the civil partnership schedule to the district registrar to enable the registrar to enter the civil partnership in the civil partnership register. . 16 In section 95A (validity following entry in civil partnership register), in subsection (1), after “95(2)” insert “ or (3C) ” . 17 In section 96 (civil partnership with former spouse)— a in subsection (3)(b), for “91” substitute “ 91(1) ” , and b in subsection (3)(c), for “paragraph (b)” substitute “ subsection (1)(b) ” . 18 In section 97 (certificates of no impediment for Part 2 purposes)— a in subsection (4), for “14 days” substitute “ 28 days ” , and b after subsection (5) insert— 5A For the purposes of subsection (5), an objection which is submitted by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference. . 19 In section 100 (offences)— a in subsection (2)— i in paragraphs (c), (d) and (e), after “being” insert “ an approved celebrant or, as the case may be, ” , and ii in paragraph (f), for the words from “a” in the second place where it appears to the end substitute “ in accordance with section 93 ” , b after subsection (3) insert— 3A A person commits an offence if the person— a registers a civil partnership in an area or place in which by virtue of section 94B(4)(b) the person is not permitted to register a civil partnership, b registers a civil partnership in contravention of section 94C(7), c being a person temporarily authorised under section 94E— i if authorised under subsection (1)(a) of that section, registers a civil partnership not specified in the authorisation, ii if authorised under subsection (1)(b) of that section, registers a civil partnership outwith the period specified in the authorisation, iii in either case, registers a civil partnership otherwise than in accordance with such terms and conditions as may be specified in the authorisation, d being a party to a civil partnership, fails to comply with a notice served under section 95ZA(2). 3B A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. , and c in subsection (4), for “or (2)” substitute “ , (2) or (3A) ” . 20 In section 126(4) (regulations), after “section” insert “ 94A(1)(a)(i) or (5), 94B(3), 94E(4) or ” . 21 In section 135(1) (interpretation of Part 3)— a after the definition of “the 1965 Act” insert— “ approved celebrant ” has the meaning given by section 94A(4)(a); , b after the definition of “civil partnership schedule” insert— “ civil registration ” has the meaning given by section 94A(4)(c); , and c after the definition of “registration office” insert— “ religious or belief body ” means an organised group of people— a which meets regularly for religious worship, or b the principal object (or one of the principal objects) of which is to uphold or promote philosophical beliefs and which meets regularly for that purpose; “ religious or belief civil partnership ” has the meaning given by section 94A(4)(b); . 22 For schedule 10 substitute— SCHEDULE 10 FORBIDDEN DEGREES OF RELATIONSHIP: SCOTLAND (introduced by section 86) 1 Relationships by consanguinity Parent Child Grandparent Grandchild Sibling Aunt or uncle Niece or nephew Great-grandparent Great-grandchild 2 Relationships by affinity referred to in section 86(3) Child of former spouse Child of former civil partner Former spouse of parent Former civil partner of parent Former spouse of grandparent Former civil partner of grandparent Grandchild of former spouse Grandchild of former civil partner. . Power of district registrar to require evidence of nationality: civil partnership 25 In section 88 of the 2004 Act (notice of proposed civil partnership), after subsection (7) (inserted by section 24(5) of this Act) insert— 8 A district registrar to whom a notice under subsection (1) is submitted may require the person submitting the notice to provide the district registrar with specified nationality evidence relating to each of the intended civil partners. 9 A requirement under subsection (8) may be imposed at any time— a on or after the submitting of the notice under subsection (1), but b before the district registrar completes the civil partnership schedule. 10 In subsection (8), “ specified nationality evidence ” means such evidence of that person's nationality as may be specified in guidance issued by the Registrar General. . Recognition of overseas relationships 26 1 The 2004 Act is amended as follows. 2 In section 214 (general conditions in relation to recognition of overseas relationships)— a after paragraph (b) insert— ba the relationship is not one of marriage, , and b in paragraph (c), for the words from the second “or” to the end substitute “ but are not treated as married ” . 3 In schedule 20 to the 2004 Act (specified relationships), the following entries are repealed— Argentina marriage , Belgium marriage , Brazil marriage , Canada marriage , Denmark marriage , Iceland marriage , Mexico: Mexico City Federal District marriage , Netherlands marriage , Norway marriage , Portugal marriage , South Africa marriage , Spain marriage , Sweden marriage , United States of America: California marriage , United States of America: Connecticut marriage , United States of America: District of Columbia marriage , United States of America: Iowa marriage , United States of America: Massachusetts marriage , United States of America: New Hampshire marriage , United States of America: New York marriage , United States of America: Vermont marriage . Dissolution of civil partnership: evidence 27 1 Article 2 of the 2012 Order (which disapplies from certain actions for dissolution of civil partnership section 8(3A) of the Civil Evidence (Scotland) Act 1988 (requirement for evidence other than that of a party to the civil partnership)) is to be taken to have been in force since 5 December 2005 and to have had effect in relation to actions raised before 30 March 2012 as it has effect in relation to actions raised on or after that date. 2 The “2012 Order” is the Evidence in Civil Partnership and Divorce Actions (Scotland) Order 2012 ( SSI 2012/111). PART 3 MARRIAGE AND CIVIL PARTNERSHIP: OTHER PROVISION Bigamy 28 1 In section 24 of the 1977 Act (offences)— a before subsection (1) insert— A1 A person (“A”) commits an offence if A purports to enter into a marriage with another person (“B”) knowing that either or both— a A is already married to or in a civil partnership with a person other than B, or b B is already married to or in a civil partnership with a person other than A. A2 A person who commits an offence under subsection (A1) is liable— a on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both), b on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both). , and b in subsection (1)(ii), for “prescribed sum” substitute “ statutory maximum ” . 2 In section 100 of the 2004 Act (offences)— a in subsection (1), for “registers” substitute “ purports to register ” , and b in subsection (3)(b), for “level 3 on the standard scale” substitute “ the statutory maximum ” . 3 The common law offence of bigamy is abolished. 4 In section 13 of the Presumption of Death (Scotland) Act 1977 (defence to charge of bigamy)— a for “bigamy” substitute “ committing an offence under section 24(A1) of the Marriage (Scotland) Act 1977 or section 100(1) of the Civil Partnership Act 2004 ” , b after “marriage” insert “ or civil partnership ” , and c after “spouse” insert “ or civil partner ” . PART 4 CHANGE OF GENDER OF MARRIED PERSONS OR CIVIL PARTNERS Change of gender of married persons or civil partners 29 Schedule 2 (change of gender of married persons or civil partners) has effect. Renewed marriage or civil partnership following issue of full gender recognition certificate 30 1 The Scottish Ministers may by regulations make provision about— a the solemnisation of a renewed marriage between the parties to a protected Scottish marriage following the issue of a full gender recognition certificate to a party (or both parties) to the marriage, b the registration of a renewed civil partnership between the parties to a protected Scottish civil partnership following the issue of full gender recognition certificates to a party (or both parties) to the civil partnership. 2 Regulations under subsection (1) may in particular make provision— a about the submitting by the parties to the protected Scottish marriage of notice of intention to enter into a renewed marriage, b about the submitting by the parties to the protected Scottish civil partnership of notice of intention to enter into a renewed civil partnership, c about the information to be provided by the parties, d about the provision of evidence by the parties, e for the parties to appear before any person or appear at any place, f conferring functions on persons in relation to a renewed marriage or renewed civil partnership, g for fees, of such amounts as are specified in or determined in accordance with the regulations, to be payable in respect of— i the submitting of notice of intention to enter into a renewed marriage or renewed civil partnership, ii the exercise of any function conferred by virtue of paragraph (f). 3 Functions conferred by virtue of subsection (2)(f) may include functions relating to— a the recording of information relating to a renewed marriage or renewed civil partnership, b the issuing of certified copies of any information recorded, c the conducting of services or ceremonies in connection with a renewed marriage or renewed civil partnership. 4 Before making regulations under subsection (1), the Scottish Ministers must consult the Registrar General of Births, Deaths and Marriages for Scotland. 5 Regulations under subsection (1)— a may include consequential, supplementary, incidental, transitional, transitory or saving provision, b may make provision applying any provision of the 1977 Act or the 2004 Act (either with or without modifications), c may modify any enactment (including this Act), d are (except where subsection (6) applies) subject to the negative procedure. 6 Regulations under subsection (1) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure. 7 In this section “ full gender recognition certificate ”, “ protected Scottish civil partnership ” and “ protected Scottish marriage ” have the meanings given by section 25 of the Gender Recognition Act 2004. Grounds of divorce: interim gender recognition certificate followed by full certificate 31 1 Section 1 of the Divorce (Scotland) Act 1976 (grounds of divorce) is amended as follows. 2 In subsection (1)(b) (issue of interim gender recognition certificate as ground on which decree of divorce may be granted), at the beginning insert “ subject to subsection (3B), ” . 3 After subsection (3A) (inserted by section 5(2) of this Act) insert— 3B Subsection (1)(b)— a does not apply where, under the Gender Recognition Act 2004, the Gender Recognition Panel issue a full gender recognition certificate to the person to whom the interim gender recognition certificate was issued, but b continues to apply despite a full gender recognition certificate being issued to that person by the sheriff under section 4E of that Act. . PART 5 REGISTRATION SERVICES Provision of certain information to district registrars 32 In section 39C(1)(a)(i) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (provision of certain information to district registrars), for “section 34(3)” substitute “ section 34(4) ” . Form of register of marriages 33 In section 54 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (regulations), after subsection (1) insert— 1A Regulations prescribing the form of a register of marriages under section 32 may make different provision for different cases or circumstances. . PART 6 GENERAL PROVISIONS Interpretation 34 In this Act— “ the 1977 Act ” means the Marriage (Scotland) Act 1977, “ the 2004 Act ” means the Civil Partnership Act 2004. Ancillary provision 35 1 The Scottish Ministers may by order make such supplementary, incidental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of, or in connection with, or for giving full effect to, any provision of this Act. 2 An order under subsection (1) may make different provision for different purposes. 3 An order under subsection (1) may modify any enactment (including this Act). 4 Subject to subsection (5), an order under subsection (1) is subject to the negative procedure. 5 An order under subsection (1) containing provisions which add to, replace or omit any part of the text of an Act is subject to the affirmative procedure. Commencement 36 1 This section and sections 34, 35 and 37 come into force on the day after Royal Assent. 2 The other 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. Short title 37 The short title of this Act is the Marriage and Civil Partnership (Scotland) Act 2014. SCHEDULE 1 JURISDICTION IN PROCEEDINGS RELATING TO SAME SEX MARRIAGES (introduced by section 6) Domicile and Matrimonial Proceedings Act 1973 1 1 The Domicile and Matrimonial Proceedings Act 1973 is amended in accordance with this paragraph. 2 After section 8 insert— Same sex marriages 8A 1 Sections 7 and 8 do not apply in relation to marriages between persons of the same sex. 2 Schedule 1B (jurisdiction in relation to same sex marriages (Scotland)) has effect. . 3 In section 10 (ancillary and collateral orders), after subsection (1B) insert— 1BA In relation to a marriage between persons of the same sex, subsection (1) does not give the Court of Session or a sheriff court jurisdiction to entertain an application in proceedings where— a the court is exercising jurisdiction in the proceedings by virtue of regulations under paragraph 2 of Schedule 1B; and b the making or variation of an order in consequence of the application would contravene the regulations. . 4 Before schedule 2 insert— SCHEDULE 1B JURISDICTION IN RELATION TO SAME SEX MARRIAGES (SCOTLAND) (introduced by section 8A) Introduction 1 1 This Schedule has effect with respect to the jurisdiction of the Court of Session and of the sheriff court to entertain, in relation to same sex marriages, proceedings for— a divorce, b separation, c declarator of marriage, d declarator of nullity of marriage, e declarator of recognition, or non-recognition, of a relevant foreign decree. 2 References in this Schedule to “relevant proceedings” are to such proceedings as are mentioned in sub-paragraph (1). 3 In this Schedule— “ relevant foreign decree ” means a decree of divorce, separation or nullity granted outwith a member State, “ same sex marriage ” means a marriage between persons of the same sex. Power to make provision corresponding to EC Regulation 2201/2003 2 1 The Scottish Ministers may by regulations make provision— a as to the jurisdiction of courts in Scotland in relevant proceedings in relation to a same sex marriage where one of the parties to the marriage— i is or has been habitually resident in a member State, ii is a national of a member State, or iii is domiciled in a part of the United Kingdom or in the Republic of Ireland, and b as to the recognition in Scotland of any judgment of a court of another member State which orders the divorce or separation of the parties to a same sex marriage, or the annulment of a same sex marriage. 2 The regulations may in particular make provision corresponding to that made by Council Regulation (EC) No 2201/2003 of 27 November 2003 in relation to jurisdiction and the recognition and enforcement of judgments in matrimonial matters. 3 The regulations may provide that for the purposes of this Schedule and the regulations “ member State ” means— a all member States with the exception of such member States as are specified in the regulations, or b such member States as are specified in the regulations. 4 The regulations may make provision under sub-paragraph (1)(b) which applies even in a case where the date of the divorce, separation or annulment is earlier than the date on which this paragraph comes into force. 5 The regulations are subject to the affirmative procedure. Divorce or separation 3 1 The Court of Session has jurisdiction to entertain proceedings for the divorce or separation of the parties to a same sex marriage if (and only if)— a the Scottish courts have jurisdiction under regulations under paragraph 2, or b no court has, or is recognised as having, jurisdiction under those regulations and either party to the marriage is domiciled in Scotland on the date on which the proceedings are begun. 2 The sheriff court has jurisdiction to entertain proceedings for the divorce or separation of the parties to a same sex marriage if (and only if)— a the requirements of paragraph (a) or (b) of sub-paragraph (1) are met, and b either party to the marriage— i was resident in the sheriffdom for a period of 40 days ending with the date on which the proceedings are begun, or ii had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date, and has no known residence in Scotland on that date. 3 Despite sub-paragraph (2), the sheriff court of the sheriffdom of Lothian and Borders at Edinburgh also has jurisdiction to entertain proceedings for the divorce or separation of the parties to a same sex marriage if the following requirements are met— a the parties married each other in Scotland, b no court has, or is recognised as having, jurisdiction under regulations under paragraph 2, and c it appears to the court to be in the interests of justice to assume jurisdiction in the case. Declarator of marriage 4 1 In relation to a same sex marriage, the Court of Session has jurisdiction to entertain proceedings for declarator of marriage if (and only if) either of the parties to the marriage— a is domiciled in Scotland on the date on which the proceedings are begun, b was habitually resident in Scotland throughout the period of one year ending with that date, or c died before that date and either— i was at death domiciled in Scotland, or ii had been habitually resident in Scotland throughout the period of one year ending with the date of death. 2 In relation to a same sex marriage, the sheriff court has jurisdiction to entertain proceedings for declarator of marriage if (and only if)— a the requirements of paragraph (a), (b) or (c) of sub-paragraph (1) are met in relation to either party to the marriage, and b either party of the marriage— i was resident in the sheriffdom for a period of 40 days ending with the date on which the proceedings are begun, or ii had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date, and has no known residence in Scotland on that date. Nullity of marriage 5 1 The Court of Session has jurisdiction to entertain proceedings for declarator of nullity of a same sex marriage if (and only if)— a the Scottish courts have jurisdiction under regulations under paragraph 2, or b no court has, or is recognised as having, jurisdiction under those regulations and either party to the marriage— i is domiciled in Scotland on the date on which the proceedings are begun, or ii died before that date and either was at death domiciled in Scotland or had been habitually resident in Scotland throughout the period of one year ending with the date of death. 2 The sheriff court has jurisdiction to entertain proceedings for declarator of nullity of a same sex marriage if (and only if)— a the requirements of paragraph (a) or (b) of sub-paragraph (1) are met, and b either party to the marriage— i was resident in the sheriffdom for a period of 40 days ending with the date on which the proceedings are begun, or ii had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date, and has no known residence in Scotland on that date. 3 Despite sub-paragraph (2), the sheriff court of the sheriffdom of Lothian and Borders at Edinburgh also has jurisdiction to entertain proceedings for declarator of nullity of a same sex marriage if the following requirements are met— a the parties married each other in Scotland, b no court has, or is recognised as having, jurisdiction under regulations under paragraph 2, and c it appears to the court to be in the interests of justice to assume jurisdiction in the case. Recognition, or non-recognition, of foreign decrees 6 1 The Court of Session has jurisdiction to entertain proceedings for declarator of recognition, or non-recognition, of a relevant foreign decree relating to a same sex marriage if (and only if)— a the Scottish courts have jurisdiction under regulations under paragraph 2, or b no court has, or is recognised as having, jurisdiction under those regulations and either party to the marriage— i is domiciled in Scotland on the date on which the proceedings are begun, or ii died before that date and either was at death domiciled in Scotland or had been habitually resident in Scotland throughout the period of one year ending with the date of death. 2 The sheriff court has jurisdiction to entertain proceedings for declarator of recognition, or non-recognition, of a relevant foreign decree relating to a same sex marriage if (and only if)— a the requirements of paragraph (a) or (b) of sub-paragraph (1) are met, and b either party to the marriage— i was resident in the sheriffdom for a period of 40 days ending with the date on which the proceedings are begun, or ii had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date, and has no known residence in Scotland on that date. Supplementary provision 7 1 Paragraph 3(1) does not affect any rule of law under which the Court of Session has jurisdiction in certain circumstances to entertain proceedings for separation as a matter of necessity and urgency. 2 Paragraphs 3 and 5 do not affect any jurisdiction of a sheriff court to entertain any proceedings for separation, divorce or declarator of nullity of marriage remitted to the court under any enactment or rule of court, if entertaining the proceedings would not contravene regulations under paragraph 2. 3 At any time when proceedings are pending in respect of which a court has jurisdiction by virtue of any of paragraphs 3 to 6 (or this paragraph), the court also has jurisdiction to entertain other proceedings, in respect of the same marriage, for divorce, separation or declarator of marriage or of nullity of marriage even though that jurisdiction would not be exercisable under any of paragraphs 3 to 6. . Presumption of Death (Scotland) Act 1977 2 In section 1 of the Presumption of Death (Scotland) Act 1977 (actions of declarator of the death of missing persons), after subsection (4) insert— 4A Despite subsection (4), the sheriff court of the sheriffdom of Lothian and Borders at Edinburgh also has jurisdiction to entertain an action of declarator if— a the pursuer in the action and the missing person are married to each other and are of the same sex, b they married each other in Scotland, and c it appears to the court to be in the interests of justice to assume jurisdiction in the case. . SCHEDULE 2 CHANGE OF GENDER OF MARRIED PERSONS OR CIVIL PARTNERS (introduced by section 29) PART 1 APPLICATIONS BY MARRIED PERSONS AND CIVIL PARTNERS Introductory 1 The Gender Recognition Act 2004 is amended in accordance with this Part of this schedule. Interpretation 2 In section 25 (interpretation)— a the existing words become subsection (1), b in the definitions of “full gender recognition certificate” and “interim gender recognition certificate”, for “5 or 5A” substitute “ 4C, 4E, 4F, 5, 5A or 5D ” , c before the definition of “registered psychologist” insert— “ protected Scottish civil partnership ” means a civil partnership registered in Scotland, “ protected Scottish marriage ” means a marriage solemnised in Scotland, , and d after subsection (1) insert— 2 A civil partnership which was registered outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 of the Civil Partnership Act 2004 is to be treated for the purposes of this Act as having been registered in Scotland if— a the parties to the civil partnership elected Scotland as the relevant part of the United Kingdom under the Order, and b details of the civil partnership have been sent to the Registrar General for Scotland. 3 A marriage which was registered outside the United Kingdom under the Foreign Marriage Act 1892 (other than a marriage registered by virtue of section 18 of that Act) is to be treated for the purposes of this Act as having been solemnised in Scotland if details of the marriage have been sent to the Registrar General for Scotland. 4 A marriage which was solemnised outside the United Kingdom and registered under an Order in Council made under the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 is to be treated for the purposes of this Act as having been solemnised in Scotland if details of the marriage have been sent to the Registrar General for Scotland. 5 A consular marriage in relation to which the relevant part of the United Kingdom is Scotland is to be treated for the purposes of this Act as having been solemnised in Scotland. 6 In subsection (5)— “ consular marriage ” means a marriage solemnised in accordance with Part 1 of Schedule 6 to the Marriage (Same Sex Couples) Act 2013 and any Order in Council made under it, “ relevant part of the United Kingdom ”, in relation to such a marriage, means the part of the United Kingdom determined in accordance with paragraph 1(2)(b) of that Part of that Schedule for the purposes of the marriage. . Evidence 3 In section 3 (evidence), before subsection (7) insert— 6D If the applicant is a party to a protected Scottish marriage, an application under section 1(1) must also include— a a statutory declaration by the applicant that the applicant wishes the marriage to continue after the issue of a full gender recognition certificate (if that is the case), and b either— i a statutory declaration by the applicant's spouse that the spouse consents to the marriage continuing after the issue of a full gender recognition certificate (“a statutory declaration of consent”) (if the spouse has made such a declaration), or ii a statutory declaration by the applicant that no such declaration by the applicant's spouse is included. 6E If an application includes a statutory declaration of consent by the applicant's spouse under subsection (6D)(b)(i), the Gender Recognition Panel must give the spouse notice that the application has been made. 6F If the applicant is a party to a protected Scottish civil partnership, an application under section 1(1) must also include a statutory declaration as to where the civil partnership was registered and, if the civil partnership was registered outside the United Kingdom, that details of the civil partnership have been sent to the Registrar General for Scotland. . Successful applications 4 In section 4 (successful applications)— a after subsection (1) insert— 1A The certificate is to be a full gender recognition certificate if the applicant is neither married nor in a civil partnership. , b in subsection (2) (substituted by paragraph 3 of schedule 5 to the Marriage (Same Sex Couples) Act 2013)— i after first “is” insert “ also ” , ii paragraph (a) is repealed, c in subsection (3) (as so substituted)— i in paragraph (b), at the beginning insert “ subject to subsection (3C)(a), ” , and ii in paragraph (e), at the beginning insert “ subject to subsection (3C)(b), ” , and d after subsection (3B) (as so substituted) insert— 3C The certificate is also to be a full gender recognition certificate if— a the applicant is a party to a protected Scottish marriage and both parties to the marriage consent to the marriage continuing after the issue of a full gender recognition certificate, or b the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided to issue a full gender recognition certificate to the other party to the civil partnership. 3D The certificate is to be an interim gender recognition certificate if— a the applicant is a party to a protected Scottish marriage and either party to the marriage does not consent to the marriage continuing after the issue of a full gender recognition certificate, b subject to subsection (2)(b), the applicant is a party to a marriage which is not a protected Scottish marriage, c the applicant is a party to a protected Scottish civil partnership and the other party to the civil partnership has not made an application under section 1(1), d the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided not to issue a full gender recognition certificate to the other party to the civil partnership, or e subject to subsection (2)(c), the applicant is a party to a civil partnership which is not a protected Scottish civil partnership. 3E If a Gender Recognition Panel issues a full gender recognition certificate under this section to an applicant who is a party to a protected Scottish marriage, the Panel must give the applicant's spouse notice of the issue of the certificate. 3F Subsection (3C)(b) is subject to section 5C. . Issue of full gender recognition certificate after interim certificate: applicant married 5 Before section 5 insert— Married person with interim certificate: issue of full certificate (Scotland) 4C 1 A Gender Recognition Panel must issue a full gender recognition certificate to a person in either of the following cases. 2 Case A is where, on an application by the person, the Panel is satisfied that— a an interim gender recognition certificate has been issued to the person, b the person was a party to a protected Scottish marriage at the time when the interim gender recognition certificate was issued, c the person is still a party to that protected Scottish marriage, and d both parties to the marriage now consent to the marriage continuing after the issue of the full gender recognition certificate. 3 Case B is where, on an application by the person, the Panel is satisfied that— a an interim gender recognition certificate has been issued to the person, b the person was a party to a protected Scottish civil partnership at the time when the interim gender recognition certificate was issued, c the protected civil partnership was a qualifying civil partnership (within the meaning of section 5(6) of the Marriage (Scotland) Act 1977) and the parties to the civil partnership submitted notice of intention to marry under section 3(1) of that Act within the period of six months beginning with the day on which that certificate was issued, d the submitting of notice has resulted in the civil partnership becoming a marriage, e the person is a party to that marriage, and f the person's spouse consents to the marriage continuing after the issue of the full gender recognition certificate. 4 If, on an application under subsection (2) or (3), the Panel is not satisfied as mentioned in that subsection, the Panel must reject the application. 5 An application under subsection (2) must be made within the period of six months beginning with the day on which the interim gender recognition certificate is issued. 6 An application under subsection (3) must be made within the period of six months beginning with the day on which the civil partnership becomes a marriage. 7 An application under subsection (2) or (3) must include a statutory declaration of consent (within the meaning of section 3(6D)(b)(i)) made by the person's spouse. 8 An application under subsection (3) must also include— a evidence of the date on which the notice referred to in subsection (3)(c) was submitted, and b evidence that the civil partnership has become a marriage. 9 If an application is made under this section, the Panel must give the applicant's spouse— a notice of the application, and b if the Panel grants the application, notice of the issue of the full gender recognition certificate. Application under section 4C: death of spouse 4D 1 In a case where an application is made under section 4C(2) or (3) and the applicant's spouse dies before the application is determined— a the application is to be treated as an application, made under section 5(2) in a case where a spouse has died, for a full gender recognition certificate to be issued, and b that application is to be treated as having been made at the time when the application under section 4C was made. 2 The Gender Recognition Panel determining the application must specify the period within which the applicant is to produce the required evidence in support of the new application. 3 In this section— “ new application ” means the application under section 5(2) which the person is, by virtue of subsection (1), treated as having made, “ required evidence ” means the evidence required by section 5(4). Married person with interim certificate: issue of full certificate on application to the sheriff (Scotland) 4E 1 A person may make a summary application to the sheriff for the issue of a full gender recognition certificate where— a an interim gender recognition certificate has been issued to the person, b the person is a party to a protected Scottish marriage, and c the person is not in possession of a statutory declaration by the person's spouse that the spouse consents to the marriage continuing after the issue of a full gender recognition certificate. 2 The sheriff must grant an application made under subsection (1) if the sheriff is satisfied that— a the applicant was a party to a protected Scottish marriage at the time when the interim gender recognition certificate was issued, b the applicant is still a party to that protected Scottish marriage, and c the application was made within the period of six months beginning with the day on which the interim gender recognition certificate was issued. 3 If an application is made under this section, the sheriff must give the applicant's spouse— a notice of the application, and b if the sheriff grants the application, notice of the issue of the full gender recognition certificate. 4 Where the sheriff issues a full gender recognition certificate, the sheriff must send a copy to the Gender Recognition Panel. Death of civil partner or spouse: issue of full certificate (Scotland) 4F 1 A Gender Recognition Panel must issue a full gender recognition certificate to a person in either of the following cases. 2 Case A is where, on an application by the person, the Panel is satisfied that— a an interim gender recognition certificate has been issued to the person, b the person was a party to a protected Scottish civil partnership at the time when the interim gender recognition certificate was issued, c the protected civil partnership was a qualifying civil partnership (within the meaning of section 5(6) of the Marriage (Scotland) Act 1977) and the parties to the civil partnership submitted notice of intention to marry under section 3(1) of that Act within the period of six months beginning with the day on which that certificate was issued, and d the person's civil partner died— i before the submitting of notice had resulted in the civil partnership becoming a marriage, and ii after the period of six months beginning with the day on which the interim gender recognition certificate was issued. 3 Case B is where, on an application by the person, the Panel is satisfied that— a an interim gender recognition certificate has been issued to the person, b the person was a party to a protected Scottish civil partnership at the time when the interim gender recognition certificate was issued, c the protected civil partnership was a qualifying civil partnership (within the meaning of section 5(6) of the Marriage (Scotland) Act 1977) and the parties to the civil partnership submitted notice of intention to marry under section 3(1) of that Act within the period of six months beginning with the day on which that certificate was issued, d the submitting of notice resulted in the civil partnership becoming a marriage, and e the person's spouse died— i within the period of six months beginning with the day on which the civil partnership became a marriage, and ii after the period of six months beginning with the day on which the interim gender recognition certificate was issued. 4 If, on an application under subsection (2) or (3), the Panel is not satisfied— a as mentioned in that subsection, or b that the person is neither married nor a civil partner, the Panel must reject the application. 5 An application under subsection (2) or (3) must be made within the period of six months beginning with the day on which the death occurs. 6 An application under subsection (2) or (3) must include evidence of— a the death of the person's civil partner or, as the case may be, spouse and the date on which it occurred, b the date on which the notice under section 3(1) of the 1977 Act was submitted. . Issue of full gender recognition certificate after interim certificate: grounds of divorce 6 In section 5 (issue of full certificates where applicant has been married), after subsection (1), insert— 1A Subsection (1) does not apply where a full gender recognition certificate has already been issued, to the party to whom the interim gender recognition certificate was issued, by the sheriff under section 4E. . Applications by both civil partners 7 Before section 6 insert— Protected Scottish civil partnership: applications by both civil partners 5C 1 This section applies where a Gender Recognition Panel decides to issue a full gender recognition certificate to a party to a protected Scottish civil partnership. 2 The Panel must not issue the full gender recognition certificate to that person unless the Panel issues a full gender recognition certificate to the other party to the protected Scottish civil partnership. 3 In such a case, the Panel must issue both certificates on the same day. 4 Those certificates take effect at the beginning of the day on which they are issued. Protected Scottish civil partnership: power to make further provision for issue of full certificate 5D 1 The Scottish Ministers may by order provide for the issue by a Gender Recognition Panel, on an application under section 1(1) by a qualifying person, of a full gender recognition certificate in additional circumstances to those specified in section 4(3C)(b) or 5C. 2 In subsection (1), “ qualifying person ” means a person who is a party to a protected Scottish civil partnership. 3 An order under subsection (1) may include, in particular, provision about— a the evidence or other information that is to be included with an application, b the procedure to be followed in determining an application, including provision for the giving of notice to any person, c the effect of the issuing to the applicant of a full gender recognition certificate in relation to the civil partnership to which the applicant is party. 4 Provision under subsection (3)(c) may include, in particular, provision for changing the civil partnership into a marriage. 5 An order under subsection (1) may modify this Act or any other enactment. 6 Before making an order under subsection (1), the Scottish Ministers must consult the following persons on a copy of the proposed draft order— a the Registrar General for Scotland, b the Gender Recognition Panel, and c such other persons as the Scottish Ministers consider appropriate. . Appeals etc. 8 In section 8 (appeals etc.)— a in subsection (1), before “5(2)” insert “ 4C, 4F, ” , b in subsection (5), before “5(2)” insert “ 4C, 4E, 4F, ” , c before subsection (6) insert— 5B If an application under section 1(1), 4C, 4E, 4F, 5(2), 5A(2) or 6(1) is granted, the applicant's spouse or civil partner may apply to the Court of Session to quash the decision to grant the application on the grounds that its grant was secured by fraud. , and d in subsection (6), before “the” in the first place where it appears insert “ or an application under subsection (5B) ” . Registration 9 1 In section 10 (registration), before subsection (2) insert— 1B Where a full gender recognition certificate is issued by a Gender Recognition Panel or the sheriff to a person who is a party to a protected Scottish marriage or a protected Scottish civil partnership, the Panel must send a copy of the certificate to the Registrar General for Scotland. . 2 In schedule 3 (registration), in Part 2 (Scotland)— a in paragraph 19(1), before “5(2)” insert “ 4C, 4E, 4F, ” , and b after paragraph 20 insert— 20A 1 The Registrar General may, with the approval of the Scottish Ministers, make regulations about— a the registration of qualifying Scottish marriages, and b the registration of qualifying Scottish civil partnerships. 2 Regulations under sub-paragraph (1) may in particular make provision for fees to be payable in respect of things done under the regulations. 3 Regulations under sub-paragraph (1) may make different provision for different cases or circumstances. 4 In this paragraph— “qualifying Scottish civil partnership”means a civil partnership registered in Scotland in a case where a full gender recognition certificate has been issued to each of the civil partners, “ qualifying Scottish marriage ” means a marriage solemnised in Scotland in a case where a full gender recognition certificate has been issued to one, or each, of the spouses. . Continuity of marriage 10 Before section 12 insert— Continuity of marriage: Scotland 11C 1 This section applies in relation to a protected Scottish marriage if (by virtue of section 4(3C)(a), 4C or 4E) a full gender recognition certificate is issued to a party to the marriage. 2 The continuity of the protected Scottish marriage is not affected by the issuing of a full gender recognition certificate. . Continuity of civil partnership 11 After section 11C (inserted by paragraph 10) insert— Continuity of civil partnership: Scotland 11D The continuity of a protected Scottish civil partnership is not affected by the issuing of full gender recognition certificates (by virtue of section 4(3C)(b)) to both civil partners. . Foreign gender change and marriage 12 In section 21 (foreign gender change and marriage), subsections (2) to (5) are repealed. PART 2 ALTERNATIVE GROUNDS FOR GRANTING APPLICATIONS FOR GENDER RECOGNITION CERTIFICATES Introductory 13 The Gender Recognition Act 2004 is further amended in accordance with this Part of this schedule. Alternative grounds for granting applications 14 In section 2 (determination of applications), after subsection (3A) insert— 3B This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3C. . 15 After section 3B insert— Alternative grounds for granting applications: Scotland 3C 1 This section applies to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with this section. 2 The Panel must grant the application if satisfied that the applicant complies with the requirements imposed by and under section 3D and meets the conditions in subsections (3) to (6). 3 The first condition is that the applicant was a party to a protected Scottish marriage or a protected Scottish civil partnership on or before the date the application was made. 4 The second condition is that the applicant— a was living in the acquired gender six years before the commencement of section 29 of the Marriage and Civil Partnership (Scotland) Act 2014, b continued to live in the acquired gender until the date the application was made, and c intends to continue to live in the acquired gender until death. 5 The third condition is that the applicant— a has or has had gender dysphoria, or b has undergone— i surgical treatment, or ii such other treatment as the Scottish Ministers may by order prescribe, for the purpose of modifying sexual characteristics. 6 The fourth condition is that the applicant is ordinarily resident in Scotland. 7 Before making an order under subsection (5)(b)(ii) the Scottish Ministers must consult the following persons on a copy of the proposed draft order— a the Gender Recognition Panel, b such other persons as the Scottish Ministers consider appropriate. 8 An order under subsection (5)(b)(ii)— a may make different provision for different cases or circumstances, b may amend any enactment (including this Act). 9 The Panel must reject the application if not required by subsection (2) to grant it. . Evidence for granting applications on alternative grounds 16 In section 3 (evidence), after subsection (9) insert— 10 This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3C. . 17 After section 3C (inserted by paragraph 15) insert— Evidence for granting applications on alternative grounds: Scotland 3D 1 This section applies to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3C. 2 The application must include either— a a report made by a registered medical practitioner, or b a report made by a registered psychologist practising in the field of gender dysphoria. 3 If the application is based on the applicant having or having had gender dysphoria— a the reference in subsection (2) to a registered medical practitioner is to one practising in the field of gender dysphoria, and b that subsection is not complied with unless the report includes details of the diagnosis of the applicant's gender dysphoria. 4 Subsection (2) is not complied with in a case where— a the applicant has undergone or is undergoing treatment for the purpose of modifying sexual characteristics, or b treatment for that purpose has been prescribed or planned for the applicant, unless the report required by that subsection includes details of it. 5 The application must also include a statutory declaration by the applicant that the applicant meets the conditions in section 3C(3) and (4). 6 The application must include— a a statutory declaration as to whether or not the applicant is married or a civil partner, b any other information or evidence required by an order made by the Scottish Ministers, and c any other information or evidence which the Panel which is to determine the application may require, and may include any other information or evidence which the applicant wishes to include. 7 If the applicant is married, the application must include a statutory declaration as to whether the marriage is a protected Scottish marriage. 8 If the applicant is married, and the marriage is a protected Scottish marriage, the application must also include— a a statutory declaration of consent (within the meaning of section 3(6D)(b)(i)) by the applicant's spouse (if the spouse has made such a declaration), or b a statutory declaration by the applicant that no such declaration by the applicant's spouse is included. 9 If the application includes a statutory declaration of consent by the applicant's spouse, the Panel must give the spouse notice that the application has been made. 10 If the Panel which is to determine the application requires information or evidence under subsection (6)(c) it must give reasons for doing so. . Membership of Panels determining applications on alternative grounds 18 In schedule 1 (Gender Recognition Panels), in paragraph 4, after sub-paragraph (3) insert— 4 But a Panel need not include a medical member when determining an application under section 1(1)(a) for a certificate to be granted in accordance with section 3C. . PART 3 CONSEQUENTIAL AMENDMENTS 19 1 In section 7(1) (applications: supplementary), before “5(2)” insert “ 4C, 4F, ” . 2 In section 22(2)(a) (prohibition on disclosure of information), before “5(2)” insert “ 4C, 4F, ” . 3 In section 24 (procedure for orders and regulations)— a in subsection (5), after “section” insert “ 3D(6)(b), ” , and b after subsection (5) insert— 5A Regulations made by the Registrar General for Scotland under paragraph 20A of Schedule 3 are subject to the negative procedure. 5B An order under section 3C(5)(b)(ii) or 5D(1) is subject to the affirmative procedure. . S. 7 in force at 21.5.2014 by S.S.I. 2014/121 , art. 2(a) S. 19 in force at 21.5.2014 by S.S.I. 2014/121 , art. 2(b) S. 20 in force at 21.5.2014 by S.S.I. 2014/121 , art. 2(c) S. 22 in force at 21.5.2014 by S.S.I. 2014/121 , art. 2(d) S. 23 in force at 21.5.2014 by S.S.I. 2014/121 , art. 2(e) S. 27 in force at 21.5.2014 by S.S.I. 2014/121 , art. 2(f) S. 32 in force at 21.5.2014 by S.S.I. 2014/121 , art. 2(g) S. 4(8)-(10) in force at 1.9.2014 by S.S.I. 2014/212 , art. 2 , Sch. S. 6 in force at 1.9.2014 for specified purposes by S.S.I. 2014/212 , art. 2 , Sch. S. 9 in force at 1.9.2014 by S.S.I. 2014/212 , art. 2 , Sch. S. 10 in force at 1.9.2014 by S.S.I. 2014/212 , art. 2 , Sch. S. 11(5)(6) in force at 1.9.2014 by S.S.I. 2014/212 , art. 2 , Sch. S. 12(1) (2)(a) (2)(b) in force at 1.9.2014 for specified purposes by S.S.I. 2014/212 , art. 2 , Sch. (with art. 3 ) S. 13(1)(2)(e) in force at 1.9.2014 for specified purposes by S.S.I. 2014/212 , art. 2 , Sch. S. 14(1) (2) in force at 1.9.2014 for specified purposes by S.S.I. 2014/212 , art. 2 , Sch. S. 17 in force at 1.9.2014 by S.S.I. 2014/212 , art. 2 , Sch. S. 18(2)(a) in force at 1.9.2014 by S.S.I. 2014/212 , art. 2 , Sch. S. 21 in force at 1.9.2014 by S.S.I. 2014/212 , art. 2 , Sch. S. 24(1)(13)(15) in force at 1.9.2014 for specified purposes by S.S.I. 2014/212 , art. 2 , Sch. S. 25 in force at 1.9.2014 by S.S.I. 2014/212 , art. 2 , Sch. S. 28 in force at 1.9.2014 by S.S.I. 2014/212 , art. 2 , Sch. S. 29 in force at 1.9.2014 for specified purposes by S.S.I. 2014/212 , art. 2 , Sch. S. 30 in force at 1.9.2014 by S.S.I. 2014/212 , art. 2 , Sch. S. 33 in force at 1.9.2014 by S.S.I. 2014/212 , art. 2 , Sch. Sch. 1 para. 1(1) (4) in force at 1.9.2014 for specified purposes by S.S.I. 2014/212 , art. 2 , Sch. Sch. 2 para. 1 in force at 1.9.2014 for specified purposes by S.S.I. 2014/212 , art. 2 , Sch. Sch. 2 para. 7 in force at 1.9.2014 for specified purposes by S.S.I. 2014/212 , art. 2 , Sch. Sch. 2 para. 9(2)(b) in force at 1.9.2014 for specified purposes by S.S.I. 2014/212 , art. 2 , Sch. Sch. 2 para. 15 in force at 1.9.2014 for specified purposes by S.S.I. 2014/212 , art. 2 , Sch. Sch. 2 para. 17 in force at 1.9.2014 for specified purposes by S.S.I. 2014/212 , art. 2 , Sch. S. 11 applied (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229) , arts. 1(2) , 14 S. 1 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 2 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 3 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 4(1)-(7)(11)-(15) in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 5 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 6 in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287 , art. 3 , Sch. S. 8 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 11(1)-(4)(7)-(9) in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 12(1) (2)(b) in force at 16.12.2014 for specified purposes by S.S.I. 2014/287 , art. 3 , Sch. (with art. 4 ) S. 12(2)(a) in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287 , art. 3 , Sch. (with art. 4 ) S. 12(2)(c) (3) (4) in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. (with art. 4 ) S. 13(1) in force at 16.12.2014 for specified purposes by S.S.I. 2014/287 , art. 3 , Sch. S. 13(2)(a)-(c)(f)-(l)(3)-(5) in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 14(1) (2)(b) in force at 16.12.2014 for specified purposes by S.S.I. 2014/287 , art. 3 , Sch. S. 14(2)(a) (3) in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 15 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 16 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 24(1)(13) in force at 16.12.2014 for specified purposes by S.S.I. 2014/287 , art. 3 , Sch. S. 24(2)-(6)(7)(a)(c) (8)(a)(b)(i)(iii)(c)(9)-(11) (12)(a)(b)(ii)(c)(14)(16)(17)(18)(b)(19)-(22) in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 24(15) in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287 , art. 3 , Sch. S. 26 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. (with art. 5 ) S. 29 in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287 , art. 3 , Sch. S. 31 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 1 para. 1(1) (4) in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287 , art. 3 , Sch. Sch. 1 para. 1(2) (3) in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 1 para. 2 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 1 in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 2 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 3 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 4 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 5 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 6 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 7 in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 8 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 9(2)(b) in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 9(1) (2)(a) in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 10 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 11 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 12 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 13 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 14 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 15 in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 16 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 17 in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 18 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. Sch. 2 para. 19 in force at 16.12.2014 by S.S.I. 2014/287 , art. 3 , Sch. S. 18(1) (2)(b) (3) (4) in force at 1.3.2015 by S.S.I. 2015/14 , art. 2 , Sch. (with art. 3(1) (3) ) S. 24(1) in force at 1.3.2015 for specified purposes by S.S.I. 2015/14 , art. 2 , Sch. S. 24(7)(b) (8)(b)(ii) (12)(b)(i) (18)(a) in force at 1.3.2015 by S.S.I. 2015/14 , art. 2 , Sch. (with art. 3(2) (4) ) S. 11(2)(b) modified (31.10.2015) by The Qualifying Civil Partnership Modification (Scotland) Order 2015 (S.S.I. 2015/371) , arts. 1 , 6 Words in s. 10(7) substituted (31.10.2015) by The Qualifying Civil Partnership Modification (Scotland) Order 2015 (S.S.I. 2015/371) , arts. 1 , 5 S. 11(2)(b) : power to modify conferred (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15) , ss. 4(2)(e) , 16 ; S.S.I. 2021/23 , reg. 2 , sch. (with reg. 3 ) Words in s. 30(1)(b) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15) , s. 16 , sch. 2 para. 7(2) ; S.S.I. 2021/351 , reg. 2 , sch. (with reg. 3 )
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[uk-legislation-asp][asp] 2024-05-04 Burrell Collection (Lending and Borrowing) (Scotland) Act 2014
http://www.legislation.gov.uk/asp/2014/4/2014-02-26
http://www.legislation.gov.uk/asp/2014/4/2014-02-26 Burrell Collection (Lending and Borrowing) (Scotland) Act 2014 An Act of the Scottish Parliament to provide Glasgow City Council with additional powers to lend, including lending overseas, any items forming part of the Burrell Collection and to receive items on loan from others in both cases with agreement of the charity trustees of the Sir William Burrell Trust in accordance with a published code. text text/xml en Statute Law Database 2014-03-11 2014-02-26 Burrell Collection (Lending and Borrowing) (Scotland) Act 2014 2014 asp 4 An Act of the Scottish Parliament to provide Glasgow City Council with additional powers to lend, including lending overseas, any items forming part of the Burrell Collection and to receive items on loan from others in both cases with agreement of the charity trustees of the Sir William Burrell Trust in accordance with a published code. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 21st January 2014 and received Royal Assent on 25th February 2014 Powers to lend and borrow 1 1 In addition to the existing powers contained in the Will and Agreement, Glasgow City Council may with the agreement in writing of the Burrell Trustees in accordance with the terms of the code published under subsection (2)— a lend any items which for the time being form part of the Burrell Collection to a Borrower for such period as Glasgow City Council and the Burrell Trustees may determine; and b receive on loan from any other party items which do not form part of the Burrell Collection and display them, alongside items that do, for such periods as Glasgow City Council and the Burrell Trustees may determine. 2 Glasgow City Council must— a publish a code agreed with the Burrell Trustees setting out the basis upon which the powers conferred by this section and the existing powers of lending from and borrowing for display at the Burrell Collection are to be exercised; and b publish a revised code no later than one week after any such revised code has been agreed with the Burrell Trustees. 3 Purpose IN THE LAST PLACE of the Will is modified so far as inconsistent with the provisions of this subsection and income held by the Burrell Trustees may be applied for— a the purpose of obtaining such reports and advice deemed by them to be of assistance in exercising any rights and responsibilities under the code published under subsection (2); and b generally for all purposes deemed by them to be necessary in relation to discharging and fulfilling their duties and obligations under the code published under subsection (2). Cessation of inconsistent provisions 2 In so far as inconsistent with section 1, the stipulations and conditions connected to lending from and to and displaying at the Burrell Collection contained in Clause NINTH of the Agreement and purposes IN THE SEVENTH PLACE and IN THE LAST PLACE of the Will cease to have effect. Interpretation 3 In this Act— “ the Accreditation Scheme ” means the museums and galleries scheme administered by the Arts Council of England, a charity registered with the Charity Commission (1036733) and incorporated under Royal Charter; “ the Agreement ” means the Agreement between Sir William and Lady Burrell and the Corporation of Glasgow (the statutory predecessor to Glasgow City Council) dated 30th March 1944 and 6th April 1944 as varied by exchange of correspondence between The Town Clerk, City Chambers, Glasgow and Messrs. Bannatyne, Kirkwood, France & Co, solicitors dated 5th and 6th January 1945, Supplementary Agreement between Sir William and Lady Burrell and the Glasgow Corporation dated 22nd and 30th November 1951 and exchange of correspondence between The Town Clerk, City Chambers, Glasgow and Messrs. Bannatyne, Kirkwood, France & Co, solicitors dated 16th April and 22nd August 1956; “ a Borrower ” means a gallery or museum in any part of the world which is open to the public and is a museum or gallery participating in the Accreditation Scheme or a museum or gallery operating to standards equivalent to the Accreditation Scheme; “ the Burrell Collection ” means the items gifted to the Corporation of Glasgow in terms of the Agreement and supplemented by items which have been purchased with funds made available by the Burrell Trustees; “ the Burrell Trustees ” means the charity trustees acting under Will and constituting the Sir William Burrell Trust, a registered Scottish charity (SC010109); “ Glasgow City Council ” means the local authority for the local government area of the City of Glasgow in terms of the Local Government etc. (Scotland) Act 1994; “publish” and “publication” mean posting on the website of Glasgow City Council and affixing to a wall near the public entrance to the building housing the majority of items of the Burrell Collection on display; or, in the event of posting on the website not being possible, affixing to a wall near the public entrance to the building housing the majority of items of the Burrell Collection on display; “ the Will ” means the Trust Disposition and Settlement by Sir William Burrell dated 23rd February 1953 and relative Codicils all registered in the Books of Council and Session on 11th April 1958. Commencement 4 1 Sections 1(2)(a) and 3 to 5 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on the date of publication of the code under section 1(2)(a). Short title 5 The short title of this Act is the Burrell Collection (Lending and Borrowing) (Scotland) Act 2014. S. 1 partly in force; s. 1(2)(a) in force at 26.2.2014, see s. 4(1)
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[uk-legislation-asp][asp] 2024-05-04 Landfill Tax (Scotland) Act 2014
http://www.legislation.gov.uk/asp/2014/2/2015-04-01
http://www.legislation.gov.uk/asp/2014/2/2015-04-01 Landfill Tax (Scotland) Act 2014 An Act of the Scottish Parliament to make provision about the taxation of disposals to landfill. text text/xml en Statute Law Database 2015-08-18 Expert Participation 2015-04-01 Landfill Tax (Scotland) Act 2014 2014 asp 2 An Act of the Scottish Parliament to make provision about the taxation of disposals to landfill. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th December 2013 and received Royal Assent on 21st January 2014 Part 1 Scottish landfill tax The tax 1 1 A tax (to be known as Scottish landfill tax) is to be charged in accordance with this Act. 2 The Tax Authority is to be responsible for the collection and management of the tax. Overview 2 This Act is arranged as follows— Part 2 contains provision for the key concepts underlying the tax including— what is a taxable disposal, what disposals are exempt from tax, how to calculate the amount of tax, who is liable to pay the tax, when credit is available in relation to the tax, Part 3 contains provision about the administration of the tax, Part 4 contains provision about the Tax Authority and definitions of expressions used in the Act, Part 5 contains provision about subordinate legislation powers and commencement as well as other final provisions. Part 2 Key concepts Taxable disposals Charge to tax 3 1 Tax is to be charged on a taxable disposal made in Scotland. 2 A disposal is a taxable disposal if— a it is a disposal of material as waste (see section 4), b it is made by way of landfill (see section 5), and c it is made at a landfill site (see section 12). 3 For the purposes of subsection (2)(c), a disposal is made at a landfill site if the land on or under which it is made constitutes or falls within land which is a landfill site at the time of the disposal. Disposal of material as waste 4 1 A disposal of material is a disposal of it as waste if the person making the disposal does so with the intention of discarding the material. 2 The fact that the person making the disposal or any other person could benefit from or make use of the material is irrelevant. 3 Where a person makes a disposal on behalf of another person, for the purposes of subsections (1) and (2) the person on whose behalf the disposal is made is to be treated as making the disposal. 4 The reference in subsection (3) to a disposal on behalf of another person includes references to a disposal— a at the request of another person, b in pursuance of a contract with another person. Disposal by way of landfill 5 1 A disposal of material is a disposal of it by way of landfill if— a it is deposited on the surface of land or on a structure set into the surface, or b it is deposited under the surface of land. 2 Subsection (1) applies whether or not the material is placed in a container before it is deposited. 3 Subsection (1)(b) applies whether the material— a is covered with earth after it is deposited, or b is deposited in a cavity (such as a cavern or mine). 4 If material is deposited on the surface of land or on a structure set into the surface with a view to it being covered with earth, the disposal must be treated as made when the material is deposited and not when it is covered. 5 The Scottish Ministers may, by order, make provision varying the meaning of the disposal of material by way of landfill. 6 The order may modify any enactment (including this Act). 7 In this section, “ land ” includes land covered by water where the land is above the low water mark of ordinary spring tides. 8 In this section, “ earth ” includes similar matter (such as sand or rocks). Prescribed landfill site activities to be treated as disposals 6 1 The Scottish Ministers may, by order, prescribe a landfill site activity for the purposes of this section. 2 A “ landfill site activity ” means any of the following descriptions of activity, or an activity that falls within any of the following descriptions— a using or otherwise dealing with material at a landfill site, b storing or otherwise having material at a landfill site. 3 If a prescribed landfill site activity is carried out at a landfill site, the activity is to be treated— a as a disposal of the material involved in the activity as waste, b as a disposal of that material made by way of landfill, and c as a disposal at the landfill site of that material. 4 An order under this section may prescribe a landfill site activity by reference to conditions. 5 Those conditions may, in particular, relate to either or both of the following— a whether the landfill site activity is carried out in a designated area of a landfill site, b whether there has been compliance with a requirement to give information relating to— i the landfill site activity, or ii the material involved in the landfill site activity, including information relating to whether the activity is carried out in a designated area of a landfill site. 6 In subsection (5), “ designated area ” means an area of a landfill site designated in accordance with— a an order under this section, or b regulations under section 30, 32 or 33. 7 An order under this section may modify any enactment (including this Act). Exemptions Material removed from water 7 1 A disposal is not a taxable disposal for the purposes of this Act if it is shown to the satisfaction of the Tax Authority that the disposal is of material all of which— a has been removed (by dredging or otherwise) from water falling within subsection (2), and b formed part of or projected from the bed of the water concerned before its removal. 2 Water falls within this subsection if it is— a a river, canal or watercourse (whether natural or artificial), or b a dock or harbour (whether natural or artificial). 3 A disposal is not a taxable disposal for the purposes of this Act if it is shown to the satisfaction of the Tax Authority that the disposal is of material all of which— a has been removed (by dredging or otherwise) from water falling within the approaches to a harbour (whether natural or artificial), b has been removed in the interests of navigation, and c formed part of or projected from the bed of the water concerned before its removal. 4 A disposal is not a taxable disposal for the purposes of this Act if it is shown to the satisfaction of the Tax Authority that the disposal is of material all of which— a consists of naturally occurring mineral material, and b has been removed (by dredging or otherwise) from the sea in the course of commercial operations carried out to obtain substances such as sand or gravel from the seabed. 5 A disposal is not a taxable disposal for the purposes of this Act if it is shown to the satisfaction of the Tax Authority that the disposal is of material all of which comprises material falling within subsection (1) or (3) and other material which has been added to that material for the purpose of securing that it is not liquid waste. Material resulting from mining and quarrying 8 1 A disposal is not a taxable disposal for the purposes of this Act if it is shown to the satisfaction of the Tax Authority that the disposal is of material all of which fulfils each of the conditions set out in subsection (2). 2 The material— a must result from commercial mining operations (whether the mining is deep or open-cast) or from commercial quarrying operations, b must be naturally occurring material extracted from the earth in the course of the operations, and c must not have been subjected to, or result from, a non-qualifying process carried out at any stage between the extraction and the disposal. 3 A non-qualifying process is— a a process separate from the mining or quarrying operations, or b a process forming part of those operations and permanently altering the material's chemical composition. Disposal of qualifying material at former quarries 9 1 A disposal is not a taxable disposal for the purposes of this Act if it is— a of material all of which is treated for the purposes of section 13 as qualifying material, and b made at a qualifying landfill site. 2 A landfill site is a qualifying landfill site for the purposes of this section if at the time of the disposal— a the landfill site is or was a quarry, b subject to subsection (3), it is a requirement of planning permission in respect of the land in which the quarry or former quarry is situated that it be wholly or partially refilled, and c subject to subsection (4), the authorisation permitting disposals on or in the land comprising the site permits only the disposal of material which constitutes qualifying material. 3 Where a quarry— a was in existence before 1 October 1999, and b quarrying operations ceased before that date, the requirement referred to in subsection (2)(b) must have been imposed on or before that date. 4 Where an authorisation permitting disposals on or in the land does not (apart from the application of this subsection) meet the requirements of subsection (2)(c) and an application has been made to vary the authorisation in order to meet them, it is to be deemed to meet them for the period before— a the application is disposed of, or b the second anniversary of the making of the application if it occurs before the application is disposed of. 5 For the purposes of subsection (4), an application is disposed of if— a it is granted, b it is withdrawn, c it is refused and there is no right of appeal against the refusal, d a time limit for appeal against refusal expires without an appeal having been commenced, or e an appeal against refusal is dismissed or withdrawn and there is no further right of appeal. Pet cemeteries 10 1 A disposal is not a taxable disposal for the purposes of this Act if— a the disposal is of material consisting entirely of the remains of dead domestic pets, and b the landfill site at which the disposal is made fulfils the condition set out in subsection (2). 2 The condition is that during the relevant period— a no landfill disposal was made at the site, or b the only landfill disposals made at the site were of material consisting entirely of the remains of dead domestic pets. 3 For the purposes of subsection (2), the relevant period— a begins with the coming into force of this section or, if later, with the coming into force in relation to the site of the authorisation mentioned in section 12, and b ends immediately before the disposal mentioned in subsection (1). Power to vary what is a taxable disposal Taxable disposals: power to vary 11 1 The Scottish Ministers may, by order, make provision to produce the result that— a a disposal which would otherwise be a taxable disposal is not a taxable disposal, b a disposal which would otherwise not be a taxable disposal is a taxable disposal. 2 The order may, in particular— a confer exemption by reference to certificates issued by the Tax Authority and to conditions set out in certificates, b allow the Tax Authority to direct requirements to be met before certificates can be issued. 3 The order may modify any enactment (including this Act). Landfill sites and operators of landfill sites Landfill sites and operators of landfill sites 12 1 Land is a landfill site at a given time if at that time an authorisation is in force in relation to the land and authorises disposals on or under the land. 2 The operator of a landfill site at a given time is the person who is at the time concerned the holder of the authorisation. 3 Land is to be treated as a landfill site at a given time if at that time— a disposals of material are made on or under the land, b an authorisation is required in relation to those disposals, and c no authorisation is in force. 4 In determining for the purposes of subsection (3) whether an authorisation is required in relation to disposals of material, no account is to be taken of any prohibition or restriction under the Regulatory Reform (Scotland) Act 2014 that would prevent an authorisation being granted in relation to the disposal of the material by way of landfill. Calculation of tax Amount of tax 13 1 The amount of tax charged on a taxable disposal is to be found by multiplying the standard rate by the weight in tonnes of the material disposed of. 2 The standard rate is the sum specified for the purposes of this section in an order made by the Scottish Ministers. 3 Where the material disposed of consists entirely of qualifying material, the amount of tax charged is to be found by multiplying the lower rate by the weight in tonnes of the material disposed of. 4 Qualifying material is material listed (in one or more category) in an order made by the Scottish Ministers. 5 The lower rate is the sum specified for the purposes of this section in an order made by the Scottish Ministers. 6 An order under subsection (5) may set different lower rates for different categories of qualifying material. 7 The Scottish Ministers must— a set criteria to be considered in determining from time to time what material is to be listed as qualifying material, b keep those criteria under review, c revise them whenever they consider they should be revised, and d publish the criteria (and any revised criteria). 8 In determining from time to time what material is to be listed as qualifying material, the Scottish Ministers must have regard to— a the criteria (or revised criteria) published under subsection (7)(d), and b any other factors they consider relevant. Qualifying material: special provisions 14 1 This section applies for the purposes of section 13. 2 The Tax Authority may direct that where material is disposed of it must be— a treated as qualifying material if it would in fact be such material but for a small quantity of non-qualifying material, b treated as qualifying material of one category if it would in fact be such material but for a small quantity of qualifying material of another category. 3 The Tax Authority may at the request of a person direct that where there is a disposal in respect of which the person is liable to pay tax the material disposed of is to be— a treated as qualifying material if it would in fact be such material but for a small quantity of non-qualifying material, b treated as qualifying material of one category if it would in fact be such material but for a small quantity of qualifying material of another category. 4 Whether a quantity of non-qualifying material or (as the case may be) qualifying material of another category is small is to be determined in accordance with the terms of the direction. 5 A direction under subsection (3) may apply to all disposals in respect of which a person is liable to pay tax or to such of them as are identified in the direction. 6 If a direction under subsection (3) applies to a disposal, any direction under subsection (2) is not to apply to it. 7 The Scottish Ministers may, by order, provide that material must not be treated as qualifying material (or as qualifying material of a particular category) for the purposes of this section unless conditions specified in the order are fulfilled. 8 A condition specified under subsection (7) may relate to any matter the Scottish Ministers think fit (such as the production of a document which includes a statement of the nature of the material). Weight of material disposed of 15 1 The weight of material disposed of on a taxable disposal is to be determined in accordance with regulations made by the Scottish Ministers. 2 The regulations may— a specify rules for determining the weight, b authorise rules for determining the weight to be specified by the Tax Authority in a manner set out in the regulations, c authorise rules for determining the weight to be agreed by the person liable to pay the tax and a designated officer . 3 The regulations may, in particular, specify, or authorise the specification or agreement of, rules about— a the method by which the weight is to be determined, b the time by reference to which the weight is to be determined, c the discounting of constituents (such as water). 4 The regulations may include provision that a specification authorised under subsection (2)(b) may provide— a that it is to have effect only in relation to disposals of such descriptions as may be set out in the specification, b that it is not to have effect in relation to particular disposals unless the Tax Authority is satisfied that such conditions as may be set out in the specification are met in relation to the disposals, and the conditions may be framed by reference to such factors as the Tax Authority thinks fit (such as the consent of a designated officer to the specification having effect in relation to disposals). 5 The regulations may include provision that— a where rules are agreed as mentioned in subsection (2)(c), and b the Tax Authority believes that they should no longer be applied because they do not give an accurate indication of the weight or they are not being fully observed or for some other reason, the Tax Authority may direct that the agreed rules are no longer to have effect. 6 The regulations may be so framed that where in relation to a particular disposal— a no specification of the Tax Authority has effect, and b no agreed rules have effect, the weight is to be determined in accordance with rules specified in the regulations. 7 The regulations may include provision for penalties where a person fails to comply with a requirement imposed by or under the regulations. Persons liable to pay tax Liability to pay tax 16 1 The person liable to pay the tax charged on a taxable disposal made at an authorised landfill site is the landfill site operator. 2 The reference in subsection (1) to the landfill site operator is to the person who is at the time of the disposal the operator of the landfill site which constitutes or contains the land on or under which the disposal is made. 3 The person liable to pay the tax charged on a taxable disposal made at an unauthorised landfill site is any person who— a made the disposal, or b knowingly permitted the disposal to be made. 4 Where two or more persons are liable under subsection (3), those persons are jointly and severally liable to pay the tax. 5 In this section— a an “authorised landfill site” is land referred to in section 12(1), b an “unauthorised landfill site” is land referred to in section 12(3). Liability of controllers of landfill sites 17 1 The Scottish Ministers may, by regulations, make provision about the liability of controllers of landfill sites to pay the tax. 2 A person is the controller of the whole, or a part, of a landfill site at a given time if the person determines, or is entitled to determine, what disposals of material (if any) may be made— a at every part of the site at that time, or b at that part of the site at that time, (as the case may be). 3 But a person who determines or is entitled to determine what disposals may be made at a landfill site or any part of a landfill site only because the person is an employee or agent of another is not the controller of that site or (as the case may be) that part of that site. 4 The regulations may, in particular, make provision (or further provision) about— a who is a controller of a landfill site for the purposes of this Act, b the circumstances in which a controller is liable to pay tax, c the amount of tax which a controller is liable to pay, d the entitlement of a controller to credit in respect of tax, and e the arrangements for payment of tax by a controller. 5 The regulations may modify any enactment (including this Act). Credit Credit: general 18 1 The Scottish Ministers may, by regulations, provide that where— a a person has paid or is liable to pay tax, and b conditions specified in the regulations are fulfilled, the person is to be entitled to credit of such an amount as is found in accordance with rules specified in the regulations. 2 The regulations may make provision as to the manner in which a person is to benefit from credit, and may, in particular, make provision— a that a person is to be entitled to credit by reference to accounting periods, b that a person is to be entitled to deduct an amount equal to the person's total credit for an accounting period from the total amount of tax due from the person for the period, c that if no tax is due from a person for an accounting period but the person is entitled to credit for the period, the amount of the credit is to be paid to the person by the Tax Authority, d that if the amount of credit to which a person is entitled for an accounting period exceeds the amount of tax due from the person for the period, an amount equal to the excess is to be paid to the person by the Tax Authority, e for the whole or part of any credit to be held over to be credited for a subsequent accounting period, f as to the manner in which a person who has ceased to be registrable is to benefit from credit. 3 Regulations under subsection (2)(c) or (d) may provide that where at the end of an accounting period an amount is due to a person who has failed to submit returns for an earlier period as required by this Act, the Tax Authority may withhold payment of the amount until the person has complied with that requirement. 4 Regulations under subsection (2)(e) may provide for credit to be held over either on the person's application or in accordance with directions given by the Tax Authority from time to time; and the regulations may allow directions to be given generally or with regard to particular cases. 5 The regulations may provide that— a no benefit is to be conferred in respect of credit except on a claim made in such manner and at such time as may be determined by or under regulations, b payment in respect of credit is to be made subject to such conditions (if any) as the Tax Authority thinks fit to impose, including conditions as to repayment in specified circumstances, c deduction in respect of credit is to be made subject to such conditions (if any) as the Tax Authority thinks fit to impose, including conditions as to the payment to the Tax Authority, in specified circumstances, of an amount representing the whole or part of the amount deducted. 6 The regulations may require a claim by a person to be made in a return required by provision made under section 25. 6A The regulations may provide for section 107 of the Revenue Scotland and Tax Powers Act 2014 (asp 16) to apply (with or without modifications) to a claim under this section by a person who has ceased to be registrable as it applies to a claim under that section. 7 Nothing in section 19 or 20 is to be taken to derogate from the power to make regulations under this section (whether with regard to bad debts, the environment or any other matter). Credit: bad debts 19 1 Regulations may be made under section 18 with a view to securing that a person is entitled to credit if— a the person carries out a taxable activity as a result of which the person becomes entitled to a debt which turns out to be bad (in whole or in part), and b such other conditions as may be specified in the regulations are fulfilled. 2 The regulations may include provision under section 18(5)(b) or (c) requiring repayment or payment if it turns out that it was not justified to regard a debt as bad (or to regard it as bad to the extent that it was so regarded). 3 The regulations may include provision for determining whether, and to what extent, a debt is to be taken to be bad. Credit: bodies concerned with the environment 20 1 Regulations may be made under section 18 with a view to securing that a person is entitled to credit if— a the person pays a sum to a body whose objects are or include such matters connected with the protection of the environment as are specified in regulations, and b such other conditions as are specified in the regulations are fulfilled. 2 The regulations may, in particular, specify conditions— a requiring bodies to which sums are paid (“environmental bodies”) to be approved by the Tax Authority, b requiring such sums to be paid with the intention that they be expended on such matters connected with the protection of the environment as may be specified in the regulations. 3 The regulations may include provision under section 18(5)(b) or (c) requiring repayment or payment if— a a sum is not in fact expended on matters specified under subsection (2)(b), or b a condition specified in the regulations turns out not to have been fulfilled. 4 The regulations may include— a provision for determining the amount of credit (including provision for limiting it), b provision that matters connected with the protection of the environment include such matters as overheads (including administration) of environmental bodies, c provision for determining the amounts that may be spent on the administration of environmental bodies, d provision as to the matters by reference to which an environmental body can be and remain approved (including matters relating to the functions and activities of any such body), e provision for an environmental body to be and remain approved only if it complies with conditions imposed from time to time by the Tax Authority (including provision for the variation or revocation of such conditions), f provision allowing (whether prospectively or retrospectively) the withdrawal of approval of an environmental body by the Tax Authority, g provision allowing the Tax Authority to delegate the exercise of any of its functions under section 18 or this section to another person, h provision allowing the Tax Authority to disclose to any person to whom its functions are delegated by virtue of provision made under paragraph (g) information which relates to the tax affairs of persons carrying out taxable activities and which is relevant to the credit scheme established by the regulations. Part 3 Administration Taxable activities Taxable activities 21 1 A person (P) carries out a taxable activity if— a P makes a taxable disposal in respect of which P is liable to pay tax, or b P permits another person to make a taxable disposal in respect of which P is liable to pay tax. 2 Where— a a taxable disposal is made, and b it is made without the knowledge of the person who is liable to pay tax in respect of it, the person is, for the purposes of this section, to be taken to permit the disposal. Registration Registration 22 1 The Tax Authority must keep a register containing such information as the Tax Authority thinks is required for the purposes of the collection and management of the tax. 2 A person who— a carries out taxable activities, and b is not registered, is liable to be registered. 3 Where— a a person at any time forms the intention of carrying out taxable activities, and b the person is not registered, the person must notify the Tax Authority of that intention. 4 A person who at any time ceases to have the intention of carrying out taxable activities must notify the Tax Authority of that fact. 5 Where a person is liable to be registered by virtue of subsection (2), the Tax Authority must register the person with effect from the time when the person begins to carry out taxable activities (whether or not the person notifies the Tax Authority under subsection (3)). 6 Where the Tax Authority is satisfied that a person has ceased to carry out taxable activities it may cancel the person's registration with effect from the earliest practicable time after the person ceased to carry out taxable activities (whether or not the person notifies the Tax Authority under subsection (4)). 7 Where— a a person notifies the Tax Authority under subsection (4), b it is satisfied that the person will not carry out taxable activities, c it is satisfied that no tax which the person is liable to pay is unpaid, d it is satisfied that no credit to which the person is entitled under regulations made under section 18 is outstanding, and e subsection (8) does not apply, the Tax Authority must cancel the person's registration with effect from the earliest practicable time after the person ceases to carry out taxable activities. 8 Where— a a person notifies the Tax Authority under subsection (4), and b it is satisfied that the person has not carried out, and will not carry out, taxable activities, the Tax Authority must cancel the person's registration with effect from the time when the person ceased to have the intention to carry out taxable activities. 9 For the purposes of this section, the Scottish Ministers may, by regulations, make provision— a as to the time within which a notification is to be made, b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c requiring a person who has made a notification to notify the Tax Authority if any information contained in or provided in connection with the notification is or becomes inaccurate, d as to the correction of entries in the register. 10 References in this Act to a registrable person are to a person who— a is registered under this section, or b is liable to be registered under this section. Information required to keep register up to date 23 1 The Scottish Ministers may, by regulations, make provision requiring a registrable person to notify the Tax Authority of particulars of changes in circumstances relating to the registrable person (or any business carried on by the registrable person) which— a appear to the Tax Authority to be required for the purpose of keeping the register kept under section 22 up to date, and b are of a description specified in the regulations. 2 The regulations may, in particular, make provision— a as to the time within which a notification is to be made, b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c requiring a person who has made a notification to notify the Tax Authority if any information contained in or provided in connection with the notification is or becomes inaccurate. Publication of the register 24 1 The Tax Authority may publish, by such means as it thinks fit, information which— a is derived from the register kept under section 22, and b falls within any of the descriptions set out below. 2 The descriptions are— a the names of registered persons, b the addresses of any sites or other premises at which they carry on business, c the registration numbers assigned to them in the register, d the fact (where it is the case) that the registered person is a body corporate which by virtue of section 38 is treated as a member of a group, e the names of the other bodies corporate treated under that section as members of the group, f the addresses of any sites or other premises at which those other bodies carry on business. 3 Information may be published in accordance with this section notwithstanding any obligation not to disclose the information that would otherwise apply. Accounting for tax Accounting for tax and time for payment 25 The Scottish Ministers may, by regulations, provide that a registrable person must— a account for tax by reference to such periods (“accounting periods”) as may be determined by or under the regulations, b make returns in relation to such accounting periods, c pay tax at such times and in such manner as may be so determined. Form and content of returns 25A 1 A return under this Act must— a be in the form specified by the Tax Authority, b contain such information specified by the Tax Authority, and c be made in such manner as specified by the Tax Authority. 2 The Tax Authority may specify different forms and information for different kinds of return. 3 A return is treated as containing any information provided by the person making it for the purpose of completing the return. Communications from taxpayers to the Tax Authority 25B 1 Any notice, application or other thing that a person is required or permitted by provision made in or under this Act to give to the Tax Authority must comply with the requirements set out in subsection (2). 2 The requirements are that the thing— a must be in the form specified by the Tax Authority, b must contain the information specified by the Tax Authority, and c must be given in the manner specified by the Tax Authority. 3 Subsections (1) and (2) are subject to any different provision made in or under this Act. Time of disposal where invoice issued Time of disposal where invoice issued 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjustment of contracts Adjustment of contracts 27 1 This section applies where— a material undergoes a landfill disposal, b a payment falls to be made under a disposal contract relating to the material, and c after the making of the contract there is a change in the tax chargeable on the landfill disposal. 2 In such a case, the amount of any payment mentioned in subsection (1)(b) is to be adjusted, unless the disposal contract otherwise provides, so as to reflect the tax chargeable on the landfill disposal. 3 For the purposes of this section a disposal contract relating to material is a contract providing for the disposal of the material, and it is immaterial— a when the contract was made, b whether the contract also provides for other matters, c whether the contract provides for a method of disposal and (if it does) what method it provides for. 4 The reference in subsection (1) to a change in the tax chargeable is a reference to a change— a to or from no tax being chargeable, or b in the amount of tax chargeable. Evidence about tax status Evidence about tax status 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovery of overpaid tax Recovery of overpaid tax 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information Information: material at landfill sites 30 1 The Scottish Ministers may, by regulations, make provision about giving the Tax Authority information relating to material at a landfill site or part of a landfill site. 2 The regulations may require a person to give information. 3 The regulations may— a require a person, or authorise a designated officer to require a person, to designate a part of a landfill site (a “non-disposal area”), and b require material, or descriptions of material specified in the regulations, to be deposited in a non-disposal area. 4 The regulations may make provision about information relating to what is done with material. 5 Subsections (2) to (4) do not prejudice the generality of subsection (1). Information: site restoration 31 1 Before commencing restoration of all or part of a landfill site, the operator of the site must— a notify the Tax Authority ... that the restoration is to commence, and b provide such other ... information as the Tax Authority may require. 2 In this section “ restoration ” means work, other than capping waste, which is required by a relevant instrument to be carried out to restore a landfill site to use on completion of waste disposal operations. 3 The following are relevant instruments— a a planning permission, b an authorisation. Record keeping Records: registrable persons 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records: material at landfill sites 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 General and interpretation The Tax Authority The Tax Authority 34 1 For the purposes of this Act, the Tax Authority is Revenue Scotland . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation of functions to SEPA 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review and appeal 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of Act to partnerships, groups of companies etc. Partnership, bankruptcy, transfer of business etc. 37 1 As regards any case where a business is carried on in partnership or by an unincorporated body, the Scottish Ministers may, by regulations, make provision for determining by what persons anything required by this Act to be done by a person is to be done. 2 The registration under this Act of an unincorporated body may be in the name of the body concerned; and in determining whether taxable activities are carried out by such a body no account is to be taken of any change in its members. 3 The registration under this Act of a body corporate carrying on a business in several divisions may, if the body corporate so requests and the Tax Authority thinks fit, be in the names of those divisions. 4 As regards any case where a person carries on a business of a person who has died or become bankrupt or incapacitated or whose estate has been sequestrated, or of a person which is in liquidation or receivership or administration, the Scottish Ministers may, by regulations— a require the person carrying on the business to inform the Tax Authority of the fact that the person is carrying on the business and of the event that has led to that person carrying it on, b make provision allowing the person carrying on the business to be treated for a limited time as if the person were the other person, c make provision for securing continuity in the application of this Act where the person carrying on the business is so treated. 5 The Scottish Ministers may, by regulations, make provision for securing continuity in the application of this Act in cases where a business carried on by a person is transferred to another person as a going concern. 6 Regulations under subsection (5) may, in particular— a require the transferor to inform the Tax Authority of the transfer, b provide for liabilities and duties under this Act of the transferor to become, to such extent as may be provided in the regulations, liabilities and duties of the transferee, c provide for any right of either of them to repayment or credit in respect of tax to be satisfied by making a repayment or allowing a credit to the other. 7 Regulations under subsection (5) may, in particular, provide that no such provision as is mentioned in subsection (6)(b) or (c) is to have effect in relation to any transferor and transferee unless an application to that effect has been made by them under the regulations. Groups of companies 38 1 Where any bodies corporate are treated as members of a group by virtue of this section, for the purposes of this Act— a any liability of a member of the group to pay tax is to be taken to be a liability of the representative member, b the representative member is to be taken to carry out any taxable activities which a member of the group would carry out (apart from this section) by virtue of section 21, c all members of the group are jointly and severally liable for any tax due from the representative member. 2 Two or more bodies corporate are eligible to be treated as members of a group if the condition mentioned in subsection (3) is fulfilled and— a one of them controls each of the others, b one person (whether a body corporate or an individual) controls them all, or c two or more individuals carrying on a business in partnership control all of them. 3 The condition is that the prospective representative member has an established place of business in the United Kingdom. 4 Two or more bodies corporate eligible to be treated as members of a group may apply to the Tax Authority to be so treated. 5 An application under subsection (4) must set out which of the bodies corporate is to be the representative member. 6 Where an application referred to in subsection (4) is made— a the bodies corporate are to be treated as a group from the beginning of an accounting period, and b the body corporate set out in the application is to be the representative member, unless the Tax Authority refuses the application. 7 Where any bodies corporate are treated as members of a group, an application may be made to the Tax Authority to the effect that— a a further body eligible to be treated as a member of the group is to be included among the bodies so treated, b a body corporate is to be excluded from the bodies so treated, c another member of the group is to be substituted as the representative member, or d the bodies corporate are no longer to be treated as members of a group. 8 Where an application referred to in subsection (7) is made, the change is to have effect from the beginning of an accounting period unless— a the application is to the effect mentioned in subsection (7)(a) or (c), and b the Tax Authority refuses the application. 9 The Tax Authority may refuse an application under subsection (4) or (7)(a) or (c) only if it appears to it necessary to do so for the protection of the revenue. 10 Where— a a body corporate is treated as a member of a group as being controlled by any person, and b it appears to the Tax Authority that it has ceased to be so controlled, the Tax Authority must, by notice given to that person, terminate that treatment from such date as may be specified in the notice. 11 An application under this section with respect to any bodies corporate— a must be made by one of those bodies or by the person controlling them, and b must be made not less than 90 days before the date from which it is to take effect, or at such later time as the Tax Authority may allow. 12 For the purposes of this section— a a body corporate is to be taken to control another body corporate if— i it is empowered by statute to control that body's activities, or ii it is that body's holding company within the meaning of section 1159 of and Schedule 6 to the Companies Act 2006, b an individual is or individuals are to be taken to control a body corporate if the individual or individuals would be that body's holding company within the meaning of the provisions mentioned in paragraph (a)(ii), were the individual or individuals a company. Interpretation Interpretation 39 In this Act— “ accounting period ” is to be construed in accordance with section 25, “ authorisation ” means an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014, “ material ” means material of all kinds, including objects, substances and products of all kinds, “ operator ” has the meaning given by section 12(2), “ planning permission ” has the meaning given by section 277 of the Town and Country Planning (Scotland) Act 1997, “ registrable person ” has the meaning given by section 22(10), “ SEPA ” means the Scottish Environment Protection Agency, “ the tax ” means Scottish landfill tax, “ the Tax Authority ” has the meaning given by section 34, “ taxable activity ” is to be construed in accordance with section 21, “ taxable disposal ” has the meaning given by section 3. Part 5 Final provisions Ancillary provision Ancillary provision 40 1 The Scottish Ministers may, by order, make such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision made by or under this Act. 2 An order under subsection (1) may modify any enactment (including this Act). Subordinate legislation Subordinate legislation 41 1 Any power conferred by this Act on the Scottish Ministers to make an order or regulations includes the power to make— a different provision for different cases or description of case or for different purposes, b such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient. 2 Orders and regulations under the following provisions are subject to the affirmative procedure— a section 11(1), b the first order under section 13(2) or (5), ba regulations under section 15 which make provision of the type mentioned in section 15(7), c section 17(1), d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 An order mentioned in subsection (4)— a must be laid before the Scottish Parliament, and b ceases to have effect at the expiry of the period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by resolution of the Parliament. 4 The orders are— a an order under section 5(5) providing for anything which would otherwise not be a disposal of material by way of landfill to be such a disposal, b an order under section 6(1) which produces the result that a landfill site activity which would otherwise not be prescribed for the purposes of section 6 is so prescribed, c a second or subsequent order under section 13(2) or (5), d an order under section 13(4), e an order under section 14(7) other than one which provides only that an earlier order under section 14(7) is not to apply to material. 5 In reckoning for the purposes of subsection (3)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is— a dissolved, or b in recess for more than 4 days. 6 Subsection (3)(b) is without prejudice to— a anything previously done by reference to an order mentioned in subsection (4), or b the making of a new order. 7 Orders and regulations under the following provisions which add to, replace or omit the text of any Act (including this Act) are subject to the affirmative procedure— a section 5(5) (except an order mentioned in subsection (4)(a)), b section 6(1) (except an order mentioned in subsection (4)(b)), c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , and d section 40(1). 8 All other orders and regulations under this Act are subject to the negative procedure. 9 This section does not apply to an order under section 43(2). Crown application Crown application 42 Nothing in this Act affects Her Majesty in Her private capacity. Commencement and short title Commencement 43 1 This section and sections 34, ... 40, 41, 42 and 44 come into force on the day of Royal Assent. 2 The other 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 contain transitional, transitory or saving provision. Short title 44 The short title of this Act is the Landfill Tax (Scotland) Act 2014. Words in s. 34(1) substituted (25.9.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(1) , Sch. 4 para. 10(14)(a) (with ss. 257-259 ) S. 34(2) repealed (25.9.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(1) , Sch. 4 para. 10(14)(b) (with ss. 257-259 ) S. 5 in force at 7.11.2014 for specified purposes by S.S.I. 2014/277 , art. 2 , Sch. S. 6 in force at 7.11.2014 for specified purposes by S.S.I. 2014/277 , art. 2 , Sch. S. 11 in force at 7.11.2014 by S.S.I. 2014/277 , art. 2 , Sch. S. 13 in force at 7.11.2014 for specified purposes by S.S.I. 2014/277 , art. 2 , Sch. S. 14 in force at 7.11.2014 for specified purposes by S.S.I. 2014/277 , art. 2 , Sch. S. 15 in force at 7.11.2014 for specified purposes by S.S.I. 2014/277 , art. 2 , Sch. S. 17 in force at 7.11.2014 for specified purposes by S.S.I. 2014/277 , art. 2 , Sch. S. 18 in force at 7.11.2014 by S.S.I. 2014/277 , art. 2 , Sch. S. 19 in force at 7.11.2014 by S.S.I. 2014/277 , art. 2 , Sch. S. 20 in force at 7.11.2014 by S.S.I. 2014/277 , art. 2 , Sch. S. 22 in force at 7.11.2014 by S.S.I. 2014/277 , art. 2 , Sch. S. 23 in force at 7.11.2014 by S.S.I. 2014/277 , art. 2 , Sch. S. 25 in force at 7.11.2014 by S.S.I. 2014/277 , art. 2 , Sch. S. 30 in force at 7.11.2014 by S.S.I. 2014/277 , art. 2 , Sch. S. 37 in force at 7.11.2014 for specified purposes by S.S.I. 2014/277 , art. 2 , Sch. Ss. 25A, 25B inserted (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(7) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. S. 15(7) inserted (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(2)(c) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. Words in s. 15(2)(c) substituted (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(2)(a) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. Words in s. 15(4) substituted (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(2)(b) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. S. 22(9)(b) repealed (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(4) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. S. 18(6A) inserted (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(3) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. Words in s. 31(1)(a) repealed (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(12)(a) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. Word in s. 31(1)(b) repealed (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(12)(b) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. S. 41(2)(ba) inserted (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(18)(a)(i) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. S. 41(2)(d) repealed (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(18)(a)(ii) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. S. 23(2)(b) repealed (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(5) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. S. 25(b) substituted (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(6) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. S. 26 repealed (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(8) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. Words in s. 30(3)(a) substituted (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(11) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. Words in s. 39 substituted (7.11.2014) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(17) (with ss. 257-259 ); S.S.I. 2014/278 , art. 2 , Sch. S. 35 repealed (1.1.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(15) (with ss. 257-259 ); S.S.I. 2014/370 , art. 2 , Sch. Word in s. 43 repealed (1.1.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(19) (with ss. 257-259 ); S.S.I. 2014/370 , art. 2 , Sch. S. 37 in force at 16.2.2015 in so far as not already in force by S.S.I. 2015/17 , art. 2 S. 38 in force at 16.2.2015 by S.S.I. 2015/17 , art. 2 S. 12 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 (with art. 3(1) (2) ) S. 15 in force at 1.4.2015 in so far as not already in force by S.S.I. 2015/109 , art. 2 S. 26 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 28 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 29 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 31 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 32 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 33 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 36 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 39 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 (with art. 3(1) (3) ) S. 5 in force at 1.4.2015 in so far as not already in force by S.S.I. 2015/109 , art. 2 S. 6 in force at 1.4.2015 in so far as not already in force by S.S.I. 2015/109 , art. 2 S. 13 in force at 1.4.2015 in so far as not already in force by S.S.I. 2015/109 , art. 2 S. 14 in force at 1.4.2015 in so far as not already in force by S.S.I. 2015/109 , art. 2 S. 17 in force at 1.4.2015 in so far as not already in force by S.S.I. 2015/109 , art. 2 S. 1 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 2 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 3 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 4 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 7 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 8 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 9 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 10 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 16 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 21 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 24 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 27 in force at 1.4.2015 by S.S.I. 2015/109 , art. 2 S. 28 repealed (1.4.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(9) (with ss. 257-259 ); S.S.I. 2015/110 , art. 2(1) S. 29 repealed (1.4.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(10) (with ss. 257-259 ); S.S.I. 2015/110 , art. 2(1) S. 32 repealed (1.4.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(13) (with ss. 257-259 ); S.S.I. 2015/110 , art. 2(1) S. 33 repealed (1.4.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(13) (with ss. 257-259 ); S.S.I. 2015/110 , art. 2(1) S. 36 repealed (1.4.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(16) (with ss. 257-259 ); S.S.I. 2015/110 , art. 2(1) S. 41(7)(c) repealed (1.4.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16) , s. 260(2) , Sch. 4 para. 10(18)(b) (with ss. 257-259 ); S.S.I. 2015/110 , art. 2(1)
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[uk-legislation-asp][asp] 2024-05-04 Scottish Independence Referendum Act 2013
http://www.legislation.gov.uk/asp/2013/14/2013-12-18
http://www.legislation.gov.uk/asp/2013/14/2013-12-18 Scottish Independence Referendum Act 2013 An Act of the Scottish Parliament to make provision, in accordance with paragraph 5A of Part 1 of Schedule 5 to the Scotland Act 1998, for the holding of a referendum in Scotland on a question about the independence of Scotland. text text/xml en Statute Law Database 2014-02-17 2013-12-18 Scottish Independence Referendum Act 2013 2013 asp 14 An Act of the Scottish Parliament to make provision, in accordance with paragraph 5A of Part 1 of Schedule 5 to the Scotland Act 1998, for the holding of a referendum in Scotland on a question about the independence of Scotland. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 14 November 2013 and received Royal Assent on 17th December 2013 Referendum Referendum on Scottish independence 1 1 A referendum is to be held in Scotland on a question about the independence of Scotland. 2 The question is— Should Scotland be an independent country? . 3 The ballot paper to be used for the purpose of the referendum is to be printed— a in the form set out in schedule 1, and b according to the directions set out in that schedule. 4 The date on which the poll at the referendum is to be held is 18 September 2014, unless before then an order is made under subsection (6). 5 Subsection (6) applies if the Scottish Ministers are satisfied— a that it is impossible or impracticable for the poll at the referendum to be held on 18 September 2014, or b that it cannot be conducted properly if held on that date. 6 The Scottish Ministers may by order appoint a later day (being no later than 31 December 2014) as the day on which the poll at the referendum is to be held. 7 An order under subsection (6)— a may include supplementary or consequential provision, b may modify any enactment (including this Act), and c is subject to the affirmative procedure. Franchise Those who are entitled to vote 2 Provision about who is entitled to vote in the referendum is made by the Scottish Independence Referendum (Franchise) Act 2013. Declarations of local connection and service declarations: further provision 3 1 The Scottish Independence Referendum (Franchise) Act 2013 is amended as follows. 2 In section 7 (declaration of local connection: additional ground for young people), after subsection (5) insert— 6 For the purposes of section 5(1)(b), a declaration of local connection made by virtue of this section is to be treated as having effect also for the purpose of meeting any residence requirement for registration in a register of local government electors. . 3 After section 7 insert— Children etc. of people with a service qualification 7A 1 This section applies for the purposes of sections 14 to 17 of the 1983 Act (service declarations), as applied by this Act in relation to registration in the register of young voters. 2 An eligible child has a service qualification for those purposes. 3 Accordingly, any reference in an applied enactment to a person having a service qualification is to be read as including an eligible child. 4 An “eligible child” is a person— a who will be aged 16 or 17 on the date on which the poll at an independence referendum is to be held, b a parent or guardian of whom has a service qualification under any of paragraphs (a) to (e) of section 14(1) of the 1983 Act, and c who is residing at a particular place in order to be with that parent or guardian. 5 Section 16 of the 1983 Act (contents of service declaration), as applied by this Act, has effect for the purposes of a service declaration by an eligible child subject to the following modifications— a the references in paragraphs (b) and (d) to the United Kingdom are to be read as references to Scotland, b the words from “and (except where” to the end of the section are omitted. 6 Regulation 15 of the Representation of the People (Scotland) Regulations 2001 (contents of service declaration), as applied by this Act, has effect for the purposes of a service declaration by an eligible child as if the references in paragraphs (2), (3) and (4) to the spouse or civil partner of a person included references to— a a child of the person, b a child for whom the person acts as guardian, c a child of the spouse or civil partner of the person, d a child for whom the spouse or civil partner of the person acts as guardian. 7 For the purposes of section 5(1)(b), a service declaration made by virtue of this section is to be treated as having effect also for the purpose of meeting any residence requirement for registration in a register of local government electors. . 4 In Part 2 of schedule 1 (application of provisions of the 1983 Act), for the entry relating to section 16 of the 1983 Act, substitute— Section 16 (contents of service declaration) For paragraph (f) substitute— f the declarant's date of birth. . Voting etc. Provision about voting etc. 4 Schedule 2 makes provision about voting in the referendum, including— a provision about the manner of voting (including provision for absent voting), b provision about the register of electors, c provision about postal voting, and d provision about the supply of certain documents. Conduct Chief Counting Officer 5 1 The Scottish Ministers must, in writing, appoint a Chief Counting Officer for the referendum. 2 The Chief Counting Officer is to be the person who, immediately before this section comes into force, is the person appointed as the convener of the Electoral Management Board for Scotland by virtue of section 2 of the Local Electoral Administration (Scotland) Act 2011. 3 But subsection (2) does not apply if— a there is no person appointed as convener at that time, or b that person is unable or unwilling to be appointed as the Chief Counting Officer. 4 The Chief Counting Officer may resign by giving notice in writing to the Scottish Ministers. 5 The Scottish Ministers may, by notice in writing, remove the Chief Counting Officer from office if— a the Chief Counting Officer is convicted of any criminal offence, or b they are satisfied that the Chief Counting Officer is unable to perform the Chief Counting Officer's functions by reason of any physical or mental illness or disability. 6 If the Chief Counting Officer dies, resigns or is removed from office, the Scottish Ministers must appoint another person to be the Chief Counting Officer. 7 The Chief Counting Officer may, in writing, appoint deputies to carry out some or all of the officer's functions and, so far as necessary for the purposes of carrying out those functions, any reference in this Act to the Chief Counting Officer is to be read as including a deputy. 8 A person may be appointed to be— a the Chief Counting Officer, b a deputy of the Chief Counting Officer, only if the person is or has been a returning officer appointed under section 41(1) of the 1983 Act. Other counting officers 6 1 The Chief Counting Officer must, in writing, appoint a counting officer for each local government area. 2 The Chief Counting Officer must notify the Scottish Ministers of each appointment made under subsection (1). 3 A counting officer may resign by giving notice in writing to the Chief Counting Officer. 4 The Chief Counting Officer may, by notice in writing, remove a counting officer from office if— a the Chief Counting Officer is satisfied that the counting officer is for any reason unable to perform the counting officer's functions, or b the counting officer fails to comply with a direction given or requirement imposed by the Chief Counting Officer. 5 If the counting officer for an area dies, resigns or is removed from office, the Chief Counting Officer must appoint another person to be the counting officer for the area. 6 A counting officer may, in writing, appoint deputies to carry out some or all of the officer's functions and, so far as necessary for the purposes of carrying out those functions, any reference in this Act to a counting officer is to be read as including a deputy. Functions of the Chief Counting Officer and other counting officers 7 1 The Chief Counting Officer is responsible for ensuring the proper and effective conduct of the referendum, including the conduct of the poll and the counting of votes, in accordance with this Act. 2 Each counting officer must— a conduct the poll and the counting of votes cast in the local government area for which the officer is appointed in accordance with this Act, and b certify— i the number of ballot papers counted by the officer, ii the number of votes cast in the area in favour of each answer to the referendum question, and iii the number of rejected ballot papers. 3 A counting officer— a must consult the Chief Counting Officer before making a certification under subsection (2)(b), and b must not make the certification or any public announcement of the result of the count until authorised to do so by the Chief Counting Officer. 4 The Chief Counting Officer must, for the whole of Scotland, certify— a the total number of ballot papers counted, b the total number of votes cast in favour of each answer to the referendum question, and c the total number of rejected ballot papers. 5 A counting officer must give the Chief Counting Officer any information which the Chief Counting Officer requires for the carrying out of the Chief Counting Officer's functions. 6 A counting officer must carry out the counting officer's functions under this Act in accordance with any directions given by the Chief Counting Officer. 7 The Chief Counting Officer must not impose a requirement or give a direction that is inconsistent with this Act. 8 The Chief Counting Officer may— a appoint such staff, b require a council to provide, or ensure the provision of, such property, staff and services, as may be required by the Chief Counting Officer for the carrying out of the Chief Counting Officer's functions. 9 The council for the local government area for which a counting officer is appointed must provide, or ensure the provision of, such property, staff and services as may be required by the counting officer for the carrying out of the counting officer's functions. Correction of procedural errors 8 1 The Chief Counting Officer or a counting officer may take such steps as the officer thinks appropriate to remedy any act or omission on the officer's part, on the part of a deputy of the officer, or on the part of a relevant person, which— a arises in connection with any function the Chief Counting Officer, counting officer or relevant person (as the case may be) has in relation to the referendum, and b is not in accordance with the requirements of this Act relating to the conduct of the referendum. 2 But the Chief Counting Officer or a counting officer may not under subsection (1) re-count the votes cast in the referendum after the result has been declared. 3 For the purposes of subsection (1), each of the following is a relevant person— a in relation to the Chief Counting Officer, a counting officer or a deputy of a counting officer, b a registration officer, c a presiding officer, d a person providing goods or services to the counting officer, e a deputy of any registration officer or presiding officer, f a person appointed to assist or, in the course of the person's employment, assisting any person mentioned in paragraphs (b) to (d) in connection with any function that person has in relation to the referendum. 4 The Chief Counting Officer or a counting officer does not commit an offence under paragraph 5 of schedule 7 by virtue of an act or omission in breach of the officer's official duty if the officer remedies that act or omission in full by taking steps under subsection (1). 5 Subsection (4) does not affect any conviction, or any penalty imposed, before the date on which the act or omission is remedied in full. Expenses of counting officers 9 1 The Chief Counting Officer is entitled to recover from the Scottish Ministers charges for, and any expenses incurred in connection with, the exercise by the Chief Counting Officer of functions under this Act. 2 A counting officer is entitled to recover from the Scottish Ministers charges for, and any expenses incurred in connection with, the exercise by the counting officer of functions under this Act. 3 The amount of charges and expenses recoverable under this section is not to exceed such maximum amount as is specified in, or determined under, an order made by the Scottish Ministers. 4 An order under subsection (3)— a may make different provision for different functions, cases or areas, b may include incidental and supplementary provision. 5 If the Chief Counting Officer or a counting officer requests from the Scottish Ministers an advance on account of any charges or expenses recoverable by the officer from the Scottish Ministers under this section, the Scottish Ministers may make such advance on such terms as they think fit. Conduct rules 10 Schedule 3 makes provision about the conduct of the referendum. Campaign Campaign rules 11 Schedule 4 makes provision about the conduct of campaigning in the referendum, including provision— a limiting the amount of expenses that can be incurred by those campaigning in the referendum, b restricting the publication of certain material, c controlling donations, and the provision of loans and credit, to those campaigning in the referendum. Monitoring and securing compliance with the campaign rules 12 1 The Electoral Commission must— a monitor compliance with the restrictions and other requirements imposed by schedule 4, and b take such steps as they consider appropriate with a view to securing compliance with those restrictions and requirements. 2 The Electoral Commission may prepare and publish guidance setting out, in relation to any restriction or requirement imposed by schedule 4, their opinion on any of the following matters— a what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with the restriction or requirement, b what it is desirable to do (or avoid doing) in view of the purpose of the restriction or requirement. 3 Subsection (2) does not affect the generality of section 24(4). 4 Schedule 5 makes provision about the investigatory powers of the Electoral Commission for the purpose of subsection (1). 5 Schedule 6 makes provision for civil sanctions in relation to— a the commission of campaign offences, b the failure to comply with certain requirements imposed by schedule 4. 6 In this section, “ restriction ” includes a prohibition. Inspection of Electoral Commission's registers etc. 13 1 This section applies to any register kept by the Electoral Commission under paragraph 5 of schedule 4. 2 The Commission must make a copy of the register available for public inspection during ordinary office hours, either at the Commission's offices or at some convenient place appointed by them. 3 The Commission may make other arrangements for members of the public to have access to the contents of the register. 4 If requested to do so by any person, the Commission must supply the person with a copy of the register or any part of it. 5 The Commission may charge such reasonable fee as they may determine in respect of— a any inspection or access allowed under subsection (2) or (3), or b any copy supplied under subsection (4). 6 Subsections (2) to (5) apply in relation to any document a copy of which the Commission are for the time being required to make available for public inspection by virtue of paragraph 25, 44 or 62 of schedule 4 as they apply in relation to any register falling within subsection (1). 7 Where any register falling within subsection (1) or any document falling within subsection (6) is held by the Commission in electronic form, any copy— a made available for public inspection under subsection (2), or b supplied under subsection (4), must be made available, or (as the case may be) supplied, in a legible form. Campaign rules: general offences 14 1 A person commits an offence if— a the person— i alters, suppresses, conceals or destroys any document to which this subsection applies, or ii causes or permits the alteration, suppression, concealment or destruction of any such document, and b the person does so with the intention of falsifying the document or enabling any person to evade any of the provisions of schedules 4 to 6. 2 Subsection (1) applies to any book, record or other document which is or is liable to be required to be produced for inspection under paragraph 1 or 3 of schedule 5. 3 Subsection (4) applies where the relevant person in the case of a supervised organisation, or a person acting on behalf of the relevant person, requests a person holding an office in any such organisation (“ the office-holder ”) to supply the relevant person with any information which the relevant person reasonably requires for the purposes of any of the provisions of schedules 4 to 6. 4 The office-holder commits an offence if— a without reasonable excuse, the office-holder fails to supply the relevant person with that information as soon as is reasonably practicable, or b in purporting to comply with the request, the office-holder knowingly supplies the relevant person with any information which is false in a material particular. 5 A person commits an offence if, with intent to deceive, the person withholds— a from the relevant person in the case of a supervised organisation, or b from a supervised individual, any information required by the relevant person or that individual for the purposes of any of the provisions of schedules 4 to 6. 6 In subsections (1) to (5) any reference to a supervised organisation or individual includes a reference to a former supervised organisation or individual. 7 A person who commits an offence under subsection (1), (4)(b) or (5) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 8 A person who commits an offence under subsection (4)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 9 In this section— “ supervised individual ” means an individual who is a permitted participant, “ supervised organisation ” means a permitted participant other than an individual, “ relevant person ” means a person who is (or has been), in relation to a permitted participant, the responsible person for the purposes of this Act. Campaign offences: summary proceedings 15 1 Summary proceedings for a campaign offence may, without prejudice to any jurisdiction exercisable apart from this subsection, be taken— a against any body, including an unincorporated association, at any place at which it has a place of business, and b against an individual at any place at which the individual is for the time being. 2 Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences), summary proceedings for a campaign offence may be commenced at any time within 3 years after the commission of the offence and within 6 months after the relevant date; and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section. 3 In this section “ the relevant date ” means the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the prosecutor's knowledge. 4 For the purposes of subsection (3) a certificate of any prosecutor as to the date on which such evidence as is there mentioned came to the prosecutor's knowledge is conclusive evidence of that fact. Duty of court to report convictions to the Electoral Commission 16 The court by or before which a person is convicted of a campaign offence must notify the Electoral Commission of the conviction as soon as is practicable. Referendum agents Referendum agents 17 1 A permitted participant may, for any local government area, appoint an individual (who may be the responsible person) to be the permitted participant's agent (“referendum agent”). 2 If a permitted participant appoints a referendum agent for a local government area, the responsible person must give the counting officer for that area notification of the name and address of— a the permitted participant, and b the referendum agent. 3 The notification must be— a in writing, b signed by the responsible person, and c given before noon on the twenty-fifth day before the date of the referendum. 4 For the purpose of subsection (3)(c), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve or Christmas Day, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. 5 The duties imposed on a responsible person by this section may be discharged by any person authorised in writing by the responsible person. 6 A counting officer who receives a notification under subsection (2) must, as soon as practicable, publish notice of— a the name of the permitted participant, and b the name and address of the referendum agent. 7 If— a a permitted participant revokes the appointment of a referendum agent or a referendum agent dies, and b the permitted participant has notified the counting officer of the appointment of a polling or counting agent under rule 14 of the conduct rules, the permitted participant must, as soon as practicable, appoint another referendum agent under subsection (1). 8 The notification under subsection (2) must be made as soon as practicable after the appointment of the new referendum agent (and subsection (3)(c) does not apply to that notification). Observers Attendance of Electoral Commission at proceedings and observation of working practices 18 1 A representative of the Electoral Commission may attend proceedings relating to the referendum that are the responsibility of— a the Chief Counting Officer, or b a counting officer. 2 The right conferred by subsection (1) is subject to any other provision of this Act which regulates attendance at the proceedings in question. 3 A representative of the Electoral Commission may observe the working practices of each of the following in carrying out functions under this Act— a a registration officer, b the Chief Counting Officer, c a counting officer, d any person acting under the direction of a person mentioned in paragraphs (a) to (c). 4 In this section, “ representative of the Electoral Commission ” means any of the following— a a member of the Electoral Commission, b a member of staff of the Electoral Commission, c a person appointed by the Electoral Commission for the purposes of this section. Accredited observers: individuals 19 1 A person who is aged 16 or over may apply to the Electoral Commission to be an accredited observer at any of the following proceedings relating to the referendum— a proceedings at the issue or receipt of postal ballot papers, b proceedings at the poll, c proceedings at the counting of votes. 2 If the Commission grant the application, the accredited observer may attend the proceedings in question. 3 An application under subsection (1) must be made in the manner specified by the Commission. 4 The Commission may at any time revoke the grant of an application under subsection (1). 5 If the Commission— a refuse an application under subsection (1), or b revoke the grant of any such application, they must give their decision in writing and must, when doing so, give reasons for the refusal or revocation. 6 The right conferred on an accredited observer by this section is subject to any provision of this Act which regulates attendance at the proceedings in question. Accredited observers: organisations 20 1 An organisation may apply to the Electoral Commission to be accredited for the purpose of nominating observers at any of the following proceedings relating to the referendum— a proceedings at the issue or receipt of postal ballot papers, b proceedings at the poll, c proceedings at the counting of votes. 2 If the Commission grant the application the organisation may nominate members who may attend the proceedings in question. 3 The Commission, in granting the application, may specify a limit on the number of observers nominated by the organisation who may attend, at the same time, specified proceedings by virtue of this section. 4 An application under subsection (1) must be made in the manner specified by the Commission. 5 The Commission may at any time revoke the grant of an application under subsection (1). 6 If the Commission— a refuse an application under subsection (1), or b revoke the grant of any such application, they must give their decision in writing and must, when doing so, give reasons for the refusal or revocation. 7 The right conferred by this section is subject to any provision of this Act which regulates attendance at the proceedings in question. Attendance and conduct of accredited observers 21 1 A relevant officer may limit the number of persons who may be present at any proceedings at the same time by virtue of section 19 or 20. 2 If a person who is entitled to attend any proceedings by virtue of section 19 or 20 commits misconduct while attending the proceedings, the relevant officer may cancel the person's entitlement. 3 Subsection (2) does not affect any power that a relevant officer has by virtue of any enactment or rule of law to remove a person from any place. 4 A relevant officer is— a in the case of proceedings at a polling station, the presiding officer, b in the case of any other proceedings at a referendum, the Chief Counting Officer or a counting officer, c any other person authorised by a person mentioned in paragraph (a) or (b) for the purposes of the proceedings mentioned in that paragraph. Code of practice on attendance of observers 22 1 The Electoral Commission must prepare a code of practice on the attendance of— a representatives of the Commission, b accredited observers, and c nominated members of accredited organisations, at proceedings relating to the referendum. 2 The code must in particular— a specify the manner in which applications under section 19(1) or 20(1) are to be made to the Commission, b specify the criteria that the Commission will take into account in determining such applications, c give guidance to relevant officers as to the exercise of the powers conferred by section 21(1) and (2), d give guidance to such officers as to the exercise, in relation to a person entitled to attend any proceedings by virtue of section 19 or 20, of any other power under this Act to control the number of persons present at any proceedings relating to the referendum, e give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations as to the exercise of the rights conferred by sections 18, 19 and 20. 3 The code may make different provision for different purposes. 4 Before preparing the code, the Commission must consult the Scottish Ministers. 5 The Commission must lay the code before the Scottish Parliament. 6 The Commission must publish the code in such manner as they may determine. 7 The following persons must have regard to the code in exercising any function or right conferred by section 18, 19, 20 or 21— a the Commission, b representatives of the Commission, c relevant officers. 8 The Commission may at any time revise the code. 9 Subsections (4) to (7) apply to a revision of the code as they apply to the code. 10 In this section— “ accredited observer ” is to be construed in accordance with section 19, “ accredited organisation ” is to be construed in accordance with section 20, and “ nominated member ” is to be construed accordingly, “ relevant officer ” has the meaning given in section 21(4), “ representative of the Commission ” means a representative of the Electoral Commission within the meaning of section 18(4). Information, guidance, advice and encouragement Information for voters 23 The Electoral Commission must take such steps as they consider appropriate to promote public awareness and understanding in Scotland about— a the referendum, b the referendum question, and c voting in the referendum. Guidance 24 1 The Electoral Commission may issue guidance to the Chief Counting Officer about the exercise of the Chief Counting Officer's functions under this Act. 2 The Chief Counting Officer may issue guidance to counting officers and registration officers about the exercise of their respective functions under this Act. 3 The Electoral Commission may, with the consent of the Chief Counting Officer, issue guidance to counting officers about the exercise of their functions under this Act. 4 The Electoral Commission may issue guidance to permitted participants and persons who may become permitted participants about the provisions set out in schedule 4 to this Act. 5 Guidance issued under subsection (4) must include information on what may constitute a common plan or other arrangement for the purposes of paragraph 20 of schedule 4. Advice 25 The Electoral Commission may, if asked to do so by any person, provide the person with advice about— a the application of this Act, b any other matter relating to the referendum. Encouraging participation 26 1 The Chief Counting Officer must take whatever steps the Chief Counting Officer considers appropriate to— a encourage participation in the referendum, and b facilitate co-operation among officers taking steps under this section. 2 A counting officer must take whatever steps the counting officer considers appropriate to encourage participation in the referendum in the local government area for which the officer is appointed. Report on referendum Report on the conduct of the referendum 27 1 As soon as reasonably practicable after the referendum, the Electoral Commission must prepare and lay before the Scottish Parliament a report on the conduct of the referendum. 2 The report must include a summary of— a how the Commission have carried out their functions under this Act, b the expenditure incurred by the Commission in carrying out those functions. 3 The Chief Counting Officer must provide the Commission with such information as they may require for the purposes of the report. 4 On laying the report, the Commission must publish the report in such manner as they may determine. 5 In the 2000 Act, in Schedule 1, in paragraph 20(1) (report on Electoral Commission's functions), the reference to the Commission's functions does not include a reference to the Commission's functions under this Act. Electoral Commission: administrative provision Reimbursement of Commission's costs 28 1 The SPCB must reimburse the Electoral Commission for any expenditure incurred by the Commission that is attributable to the carrying out of the Commission's functions under this Act. 2 In the 2000 Act, in Schedule 1, paragraph 14(1) (financing of the Electoral Commission) has effect as if paragraph (a) included a reference to expenditure reimbursed under subsection (1) of this section. Estimates of expenditure 29 1 The Electoral Commission must, before the start of each financial year— a prepare an estimate of the Commission's expenditure for the year that is attributable to the carrying out of their functions under this Act, and b send the estimate to the SPCB for approval. 2 The Commission may, in the course of a financial year, prepare a revised estimate for the remainder of the year and send it to the SPCB for approval. 3 The period from the commencement of this Act until the following 31 March is treated, for the purposes of this section, as the first financial year. 4 Subsection (1) has effect in relation to the first financial year as if the reference to the start of the financial year were a reference to the end of the period of one month beginning with the date of the commencement of this Act. 5 In the 2000 Act, in Schedule 1, paragraph 14(2) (Commission to prepare estimates of income and expenditure) does not apply in relation to income and expenditure of the Commission that is attributable to the exercise of their functions under this Act. Maladministration 30 In the Scottish Public Services Ombudsman Act 2002, in section 7 (restrictions on investigations), subsection (6D) does not prevent the investigation under that Act of action taken by or on behalf of the Electoral Commission in the exercise of the Commission's functions under this Act. Offences Offences 31 Schedule 7 makes provision about offences in or in connection with the referendum. Offences by bodies corporate etc. 32 1 Subsection (2) applies where— a an offence under this Act has been committed by— i a body corporate, ii a Scottish partnership, or iii an unincorporated association other than a Scottish partnership, and b it is proved that the offence was committed with the consent or connivance of, or was attributable to neglect on the part of— i a relevant individual, or ii an individual purporting to act in the capacity of a relevant individual. 2 The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence and is liable to be proceeded against and punished accordingly. 3 In subsection (1), “ relevant individual ” means— a in relation to a body corporate (other than a limited liability partnership)— i a director, manager, secretary or other similar officer of the body, ii where the affairs of the body are managed by its members, a member, b in relation to a limited liability partnership, a member, c in relation to a Scottish partnership, a partner, d in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association. Power to make supplementary etc. provision and modifications Power to make supplementary etc. provision and modifications 33 1 The Scottish Ministers may by order make such supplementary, incidental or consequential provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act. 2 The power in subsection (1) includes power to make provision in consequence of, or in connection with, any modification or proposed modification, of any enactment relating to— a the conduct of any referendum or campaigning in any referendum, b the conduct of elections or campaigning in elections. 3 An order under subsection (1) may— a modify any enactment (including this Act), b apply any provision of any enactment (either with or without modifications), c include supplementary, incidental, consequential, transitory or transitional provision or savings. 4 An order under subsection (1) is subject to the affirmative procedure. Legal proceedings Restriction on legal challenge to referendum result 34 1 No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast as certified by a counting officer or by the Chief Counting Officer under section 7(2)(b) or (as the case may be) (4) unless— a the proceedings are brought by way of a petition for judicial review, and b the petition is lodged before the end of the permitted period. 2 In subsection (1)(b) “ the permitted period ” means the period of 6 weeks beginning with— a the day on which the officer in question makes the certification as to the number of ballot papers counted and votes cast in the referendum, or b if the officer makes more than one such certification, the day on which the last is made. 3 In subsection (1), references to a petition for judicial review are references to an application to the supervisory jurisdiction of the Court of Session. Final provisions Interpretation 35 Schedule 8 provides definitions for words and expressions used in this Act. Commencement 36 This Act comes into force on the day after Royal Assent. Short title 37 The short title of this Act is the Scottish Independence Referendum Act 2013. SCHEDULE 1 Form of ballot paper (introduced by section 1(3)) SCHEDULE 2 Further provision about voting in the referendum (introduced by section 4) PART 1 Manner of voting Manner of voting 1 1 This paragraph applies to determine the manner of voting of a voter. 2 A voter may vote in person at the polling station allotted to the voter under rule 9(1)(b) of the conduct rules unless the voter is entitled to an absent vote in the referendum. 3 A voter may vote by post if the voter is entitled to vote by post in the referendum. 4 If a voter is entitled to vote by proxy in the referendum, the voter may so vote unless, before a ballot paper is issued for the voter to vote by proxy, the voter applies at the polling station allotted to the voter under rule 9(1)(b) of the conduct rules for a ballot paper for the purpose of voting in person, in which case the voter may vote in person there. 5 If a voter— a is not entitled to an absent vote in the referendum, and b cannot reasonably be expected to go in person to the polling station allotted to the voter under rule 9(1)(b) of the conduct rules because of the particular circumstances of the voter's employment, either as a constable or by the counting officer, on the date of the referendum for a purpose connected with the referendum, the voter may vote in person at any polling station in the local government area in which the polling station allotted to the voter is situated. 6 Nothing in the preceding provisions of this paragraph applies to— a a voter to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether the voter is registered by virtue of that provision or not, and such a voter may vote— i in person at the polling station allotted to the voter under rule 9(1)(b) of the conduct rules (if granted permission to be absent from the hospital and voting in person does not breach any condition attached to the permission), or ii by post or by proxy (if entitled so to vote in the referendum), or b a voter to whom section 7A of that Act (person remanded in custody) applies, whether the voter is registered by virtue of that provision or not, and such a voter may only vote by post or by proxy (if entitled so to vote in the referendum). 7 Sub-paragraph (2) does not prevent a voter, at the polling station allotted to the voter under rule 9(1)(b) of the conduct rules, marking a tendered ballot paper in pursuance of rule 24 of those rules. 8 For the purposes of this Act— a references to a voter being entitled to an absent vote in the referendum are references to the voter being entitled to vote by post or by proxy in the referendum, and b a voter is entitled to vote— i by post in the referendum if the voter is shown in the postal voters list (see paragraph 4(2)) for the referendum as so entitled, ii by proxy in the referendum if the voter is shown in the list of proxies (see paragraph 4(3)) for the referendum as so entitled. Existing absent voters 2 1 A person is taken to have been granted a vote by post in the referendum if the person is— a shown in the record maintained under paragraph 3(4) of Schedule 4 to the Representation of the People Act 2000 as voting by post at local government elections for an indefinite period or for a period which extends beyond the date of the referendum, or b shown in the record maintained under article 8(4) of the Scottish Parliament (Elections etc.) Order 2010 ( SI 2010/2999) as voting by post at Scottish parliamentary elections for an indefinite period or for a period which extends beyond the date of the referendum. 2 Such a person is referred to in this schedule as an “existing postal voter”. 3 A person is taken to have been granted a vote by proxy in the referendum if the person is— a shown in the record maintained under paragraph 3(4) of Schedule 4 to the Representation of the People Act 2000 as voting by proxy at local government elections for an indefinite period or for a period which extends beyond the date of the referendum, or b shown in the record maintained under article 8(4) of the Scottish Parliament (Elections etc.) Order 2010 (SI 2010/2999) as voting by proxy at Scottish parliamentary elections for an indefinite period or for a period which extends beyond the date of the referendum. 4 Such a person is referred to in this schedule as an “existing proxy voter”. 5 Sub-paragraph (1) does not apply to a person if the person is granted a vote by proxy by virtue of an application under paragraph 3. 6 Sub-paragraph (3) does not apply to a person if the person is granted a vote by post by virtue of an application under paragraph 3. Applications for absent vote 3 1 Where a person applies to the registration officer to vote by post in the referendum, the registration officer must grant the application if— a the registration officer is satisfied that the applicant is registered in the register of electors maintained by the officer or will be registered in that register on the date of the referendum, and b the application meets the requirements set out in paragraph 7. 2 Where a person applies to the registration officer to vote by proxy at the referendum, the registration officer must grant the application if— a the registration officer is satisfied that the applicant's circumstances on the date of the referendum will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted, or likely to be allotted, to the applicant under rule 9(1)(b) of the conduct rules, b the registration officer is satisfied that the applicant is registered in the register of electors maintained by the officer or will be registered in that register on the date of the referendum, and c the application meets the requirements set out in paragraph 7. 3 Where a person who has an anonymous entry in the register of electors maintained by a registration officer applies to the registration officer to vote by proxy in the referendum, the registration officer must grant the application if it meets the requirements set out in paragraph 7. 4 Sub-paragraphs (1) and (2) do not apply to a person who is an existing postal voter or an existing proxy voter. 5 If an existing postal voter applies to the appropriate registration officer for the person's ballot paper to be sent to a different address from that shown in the record referred to in paragraph 2(1) in relation to that existing postal voter, the registration officer must grant the application if it meets the requirements set out in paragraph 7. 6 If an existing postal voter applies to the appropriate registration officer to vote by proxy in the referendum, the registration officer must grant the application if— a the registration officer is satisfied that the applicant's circumstances on the date of the referendum will be or are likely to be such that the person cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the person under rule 9(1)(b) of the conduct rules, and b the application meets the requirements set out in paragraph 7. 7 If an existing proxy voter applies to the appropriate registration officer to vote by post in the referendum, the registration officer must grant the application if it meets the requirements set out in paragraph 7. 8 In sub-paragraphs (5) to (7), “ appropriate registration officer ” means, in relation to an existing postal voter or an existing proxy voter, the registration officer responsible for keeping the record mentioned in paragraph 2(1) or (3) by virtue of which the person is such a voter. Absent voters lists 4 1 Each registration officer must keep the 2 lists mentioned in sub-paragraphs (2) and (3). 2 The first list (the “postal voters list”) is a list of— a those who are existing postal voters by reason of an entry in a record mentioned in paragraph 2(1) kept by the registration officer, together with the addresses— i shown in the record mentioned in that paragraph, or ii provided in any application by them under paragraph 3(5), as the addresses to which their ballot papers are to be sent, and b those granted a vote by post in the referendum by the registration officer by virtue of an application under paragraph 3 together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent. 3 The second list (the “list of proxies”) is a list of— a those who are existing proxy voters by reason of an entry in a record mentioned in paragraph 2(3) kept by the registration officer, and b those granted a vote by proxy in the referendum by the registration officer by virtue of an application under paragraph 3, together (in each case) with the names and addresses of those appointed as their proxies. 4 In the case of a person who has an anonymous entry in the register of electors, any entry in the postal voters list or list of proxies must show in relation to the person only the person's voter number. 5 Where a person is removed from the postal voters list or the list of proxies, the registration officer must, where practicable, notify the person of the removal and the reason for it. Proxies 5 1 Subject to the provisions of this paragraph, any person is capable of being appointed as proxy to vote for another in the referendum and may vote in pursuance of the appointment. 2 A person (“A”) cannot have more than one person at a time appointed as proxy to vote for A in the referendum. 3 A person is not capable of being appointed to vote, or of voting, as proxy at the referendum— a if the person is subject to any legal incapacity (age apart) to vote in the referendum, or b if the person is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the European Union. 4 A person is not capable of voting as a proxy in the referendum unless, on the date of the referendum, the person is of voting age. 5 A person is not entitled to vote as proxy in the referendum on behalf of more than 2 others of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild. 6 If there is an existing proxy for an existing proxy voter, the existing proxy is taken to have been appointed as proxy to vote for the existing proxy voter in the referendum. 7 In sub-paragraph (6), “ existing proxy ” means, in relation to an existing proxy voter— a a person appointed under paragraph 6(7) of Schedule 4 to the Representation of the People Act 2000 as proxy to vote for the existing proxy voter at local government elections, or b if there is no such person, a person appointed under article 10(6) of the Scottish Parliament (Elections etc.) Order 2010 (SI 2010/2999) as proxy to vote for the existing proxy voter at Scottish parliamentary elections. 8 Where a person applies to the registration officer for the appointment of a proxy to vote for the person in the referendum, the registration officer must make the appointment if— a the registration officer is satisfied that the applicant is or will be— i registered in the register of electors maintained by the officer, and ii entitled to vote by proxy in the referendum by virtue of paragraph 2(3) or an application under paragraph 3, b the registration officer is satisfied that the proxy is capable of being and willing to be appointed, and c the application meets the requirements in paragraph 7. 9 The appointment of a proxy under this paragraph is to be made by means of a proxy paper issued by the registration officer. 10 The appointment of a proxy to vote for a person (“A”) in the referendum— a may be cancelled by A by giving notice to the registration officer, and b ceases to have effect on the issue of a proxy paper appointing a different person to vote for A in the referendum. Voting as proxy 6 1 A person entitled to vote as proxy for another (“A”) in the referendum may do so in person at the polling station allotted to A under rule 9(1)(b) of the conduct rules unless the person is entitled to vote by post as proxy in the referendum, in which case the person may vote by post. 2 Where a person is entitled to vote by post as proxy for another (“A”) in the referendum, A may not apply for a ballot paper for the purpose of voting in person at the referendum. 3 For the purposes of this schedule, a person entitled to vote as proxy for another in the referendum is entitled so to vote by post if the person is included in the proxy postal voters list (see sub-paragraph (7)). 4 An existing proxy is taken to have been granted a vote by post as proxy if the existing proxy is— a shown in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 as voting by post as proxy at local government elections for an indefinite period or for a period which extends beyond the date of the referendum, or b shown in the record kept under article 11(5) of the Scottish Parliament (Elections etc.) Order 2010 (SI 2010/2999) as voting by post as proxy at Scottish parliamentary elections for an indefinite period or for a period which extends beyond the date of the referendum. 5 In sub-paragraph (4), “ existing proxy ” means a person who is taken to have been appointed as proxy by virtue of paragraph 5(6). 6 Where a person applies to the registration officer to vote by post as proxy for another (“A”) in the referendum, the registration officer must grant the application if— a the registration officer is satisfied that A is registered in the register of electors maintained by the officer or will be registered in that register on the date of the referendum, b there is in force an appointment of the applicant as A's proxy to vote for A in the referendum, and c the application meets the requirements in paragraph 7. 7 The registration officer must keep a special list (the “proxy postal voters list”) of— a those taken to have been granted a vote by post as proxy by virtue of sub-paragraph (4) by reason of an entry in a record mentioned in that sub-paragraph kept by the registration officer, together with the addresses shown in the record as the addresses to which their ballot papers are to be sent, and b those whose applications under sub-paragraph (6) have been granted by the registration officer, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent. 8 Where a person to be included in the proxy postal voters list applies to the registration officer for the person's ballot paper to be sent to a different address, the registration officer must grant the application if it meets the requirements in paragraph 7. 9 In the case of a person who has an anonymous entry in the register of electors, the proxy postal voters list must contain only the person's voter number. 10 The registration officer must keep a record in relation to those whose applications under sub-paragraph (6) have been granted showing— a their dates of birth, and b except in cases where the registration officer in pursuance of paragraph 7(6) (or other provision to like effect) has dispensed with the requirement to provide a signature, their signatures. 11 The registration officer must retain the record kept under sub-paragraph (10) for the period of one year following the date of the referendum. 12 Sub-paragraph (2) does not prevent a person (“A”), at the polling station allotted to A under rule 9(1)(b) of the conduct rules, from marking a tendered ballot paper in pursuance of rule 24 of those rules. Requirements as to applications 7 1 This paragraph applies in relation to applications under paragraph 3, 5(8) or 6(6) or (8). 2 An application must— a be made in writing, b state the date on which it is made, and c be made before the cut-off date. 3 An application to vote by post (including an application to vote by post as a proxy) must contain— a the applicant's full name and date of birth, b the applicant's signature, and c the address to which the ballot paper is to be sent. 4 An application to vote by proxy must contain— a the applicant's full name and date of birth, b the applicant's signature, c a statement of the reasons why the applicant's circumstances on the date of the referendum will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the applicant under rule 9(1)(b) of the conduct rules, and d an application under paragraph 5(8) for the appointment of a proxy. 5 An application to vote by proxy made as described in sub-paragraph (9)(a) must also meet any applicable additional requirements set out in paragraph 8. 6 The registration officer may, in relation to any application to which sub-paragraph (3) or (4) applies, dispense with the requirement to include the applicant's signature if the officer is satisfied that the applicant is unable— a to provide a signature because— i of any disability that the applicant has, or ii the applicant is unable to read or write, or b to sign in a consistent and distinctive way because of any such disability or inability. 7 For the purposes of sub-paragraphs (3)(a) and (b) and (4)(a) and (b), the applicant's date of birth and signature must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning and, in particular— a the date of birth must be set out numerically in the sequence day, month, year (for example, the date 30 July 1965 must be set out 30071965), b the signature must be written within an area of white, unlined paper no smaller than 5 centimetres by 2 centimetres. 8 An application for the appointment of a proxy must state the full name and address of the person whom the applicant wishes to appoint as proxy, together with that person's family relationship, if any, with the applicant and— a if the application is signed only by the applicant, the application must contain a statement signed by the applicant that the applicant has consulted the person so named and that that person is capable of being and willing to be appointed to vote as the applicant's proxy, or b if the application is signed also by the person to be appointed as proxy, must contain a statement by that person that the person is capable of being and willing to be appointed to vote as the applicant's proxy. 9 Sub-paragraph (10) applies in relation to an application to vote by proxy (and an application under paragraph 5(8) for the appointment of a proxy contained in such an application to vote by proxy)— a made after the cut-off date and on the grounds that the applicant cannot reasonably be expected to vote in person at the polling station allotted under rule 9(1)(b) of the conduct rules because— i of a disability suffered after that date, ii the applicant will be, or is likely to be, unavoidably absent from the applicant's qualifying address on the date of the referendum and the applicant only became aware of that fact after the cut-off date, or iii of reasons relating to the applicant's occupation, service or employment, of which the applicant only became aware after the cut-off date, or b by a person to whom paragraph 1(6)(a) applies. 10 Sub-paragraph (2)(c) does not apply in relation to the application and instead the application must be made before 5pm on the date of the referendum. 11 Sub-paragraph (12) applies in relation to an application under paragraph 3(5) or 6(8) for the person's ballot paper to be sent to a different address. 12 Subject to sub-paragraph (13), the application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that address. 13 The requirement in sub-paragraph (12) does not apply where an applicant has, or has applied for, an anonymous entry. Additional requirements as to certain applications to vote by proxy 8 1 Sub-paragraphs (2) to (5) apply in relation to an application to vote by proxy made as described in paragraph 7(9)(a)(i) or (ii). 2 The application must contain a statement of the date on which the applicant became aware of the reasons given in the statement required by paragraph 7(4)(c). 3 Where the application is made on or after the fifth day before the date of the referendum, the application must be signed by a person who— a is aged 18 or over, b knows the applicant, and c is not related to the applicant. 4 The person who signs the application in accordance with sub-paragraph (3) must certify in the application that the following information is true to the best of the person's knowledge and belief— a the information given in the statement required by sub-paragraph (2), and b the reasons given in the statement required by paragraph 7(4)(c). 5 That person must also state in the application— a the person's name and address, b that the person— i is aged 18 or over, ii knows the applicant, and iii is not related to the applicant. 6 Sub-paragraphs (8) to (11) apply in relation to an application to vote by proxy made as described in paragraph 7(9)(a)(iii). 7 But sub-paragraphs (9) to (11) do not apply if the applicant is or will be registered as a service voter. 8 The application must contain a statement of— a where the applicant is an employee, the name of the applicant's employer, b where the applicant is not an employee, details of the applicant's occupation or service, c the date on which the applicant became aware of the reasons given in the statement required by paragraph 7(4)(c). 9 Where the application is made on or after the fifth day before the date of the referendum, the application must be signed— a where the applicant is an employee, by— i the applicant's employer, or ii another employee to whom this function is delegated by the employer, b where the applicant is not an employee, by a person who— i is aged 18 or over, ii knows the applicant, and iii is not related to the applicant. 10 The person who signs the application in accordance with sub-paragraph (9) must certify in the application that the following information is true to the best of the person's knowledge and belief— a the information given in the statement required by sub-paragraph (8), and b the reasons given in the statement required by paragraph 7(4)(c). 11 That person must also state in the application— a the person's name and address, b if the applicant is an employee, either (as the case may be)— i that the person is the applicant's employer, or ii the position that the person holds in the employment of the applicant's employer, c if the applicant is not an employee, that the person— i is aged 18 or over, ii knows the applicant, and iii is not related to the applicant. 12 For the purposes of this paragraph— a a person (“A”) is related to another person (“B”) if A is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of B, b a person is registered as a service voter if the person has made a service declaration under section 15 of the 1983 Act and is registered in the register of electors in pursuance of it. 13 For the purposes of sub-paragraphs (3) and (9), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve or Christmas Day, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. Grant or refusal of applications 9 1 This paragraph applies in relation to applications under paragraph 3, 5(8) or 6(6) or (8). 2 Where the registration officer grants an application, the officer must notify the applicant. 3 Where the registration officer refuses an application, the officer must notify the applicant of the decision and of the reason for it. 4 Where an application under paragraphs 3(2) and 5(8) is granted, the registration officer must, where practicable, notify the voter of— a the appointment of the proxy, and b the name and address of the proxy. Forms 10 1 The registration officer must provide free of charge to any person who satisfies the officer of the person's intention to use the forms in connection with the referendum as many forms for use in connection with— a applications to register as a voter at the referendum, and b applications for an absent vote at the referendum, as appear to the registration officer to be reasonable in the circumstances. 2 The forms provided under sub-paragraph (1) are to be in the form prescribed. Personal identifiers record 11 1 Each registration officer must keep a record in relation to persons granted applications to which paragraph 7(3) or (4) applies showing— a their dates of birth, and b except in cases where the officer has under paragraph 7(6) dispensed with the requirement for a signature, their signatures. 2 The registration officer must, as soon as possible after the cut-off date, either— a provide the relevant counting officer with a copy of the information contained in the record, or b give the relevant counting officer access to the information. 3 A registration officer may disclose information contained in the record to any other registration officer if the registration officer disclosing it thinks that to do so would assist the other registration officer in the carrying out of the other officer's functions. 4 A counting officer may disclose information contained in the record to any other person if the counting officer thinks that to do so would assist the other person in ascertaining whether postal ballot papers have been returned in accordance with rule 30(4) of the conduct rules. Marked lists for polling stations 12 To indicate that a voter or a voter's proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” is to be placed against the entry of that voter in any list of voters (or any part of a list) provided for a polling station. Appeals 13 1 Where an appeal under section 56 of the 1983 Act (registration appeals) is pending when notice of the referendum is given— a the appeal does not prejudice the operation as respects the referendum of the decision appealed against, and b anything done in pursuance of the decision is as good as if no such appeal had been brought and is not affected by the decision on the appeal. 2 Where, as a result of the decision on an appeal under section 56 of the 1983 Act, an alteration in the register of electors is made which takes effect under section 13(5), 13A(2), 13B(3) or (3B) or 13BB(4) or (5) of the 1983 Act on or before the date of the referendum, sub-paragraph (1) does not apply to the appeal. PART 2 Registration Effect of register 14 1 A person registered in the register of electors or entered in the list of proxies is not to be excluded from voting in the referendum on any of the grounds set out in sub-paragraph (2), but this does not affect the person's liability to any penalty for voting. 2 The grounds referred to in sub-paragraph (1) are— a that the person is not of voting age, b that the person is not or was not at any particular time— i a Commonwealth citizen, ii a citizen of the Republic of Ireland, or iii a relevant citizen of the European Union, c that the person is or was at any particular time otherwise subject to any other legal incapacity to vote in the referendum. Effect of misdescription 15 No misnomer or inaccurate description of any person or place named— a in the register of electors, or b in any list, proxy paper, ballot paper, notice or other document required for the purposes of this Act, affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood. Carrying out of registration functions 16 1 A registration officer must carry out the registration officer's functions under this Act in accordance with any directions given by the Chief Counting Officer. 2 The Chief Counting Officer must not give a direction that is inconsistent with this Act or any other enactment under which a registration officer exercises functions. 3 Any of the functions of a registration officer under this Act may be carried out by a deputy for the time being approved by the council which appointed the registration officer, and the provisions of this Act apply to any such deputy so far as respects any functions to be carried out by the deputy as they apply to the registration officer. 4 Each council must assign such officers to assist the registration officer appointed by the council as may be required for carrying out the registration officer's functions under this Act. Alterations in the register of electors 17 1 An alteration in the register of electors under section 13A(2) (alteration of registers) or 56 (registration appeals) of the 1983 Act which is to take effect after the fifth day before the date of the referendum does not have effect for the purposes of the referendum. 2 For the purposes of sub-paragraph (1), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve or Christmas Day, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. 3 Section 13B(2) to (6) of the 1983 Act applies in relation to the referendum as it applies in relation to an election to which that section applies but as if— a any reference to the appropriate publication date were a reference to the fifth day before the date of the referendum, b any reference to the date of the poll at such an election were a reference to the date of the referendum, c any reference to the relevant election area were a reference to the area for which the registration officer acts, d any reference to the prescribed time on the day of the poll were a reference to 9pm on the date of the referendum, e any reference to the issuing of a notice in the prescribed manner were a reference to the issuing of the notice in such manner and form as the registration officer may determine. 4 Section 13BB of the 1983 Act applies in relation to the referendum as it applies in relation to an election mentioned in subsection (1)(b) of that section but as if— a any reference to notice of such an election were a reference to notice of the referendum, b any reference to the appropriate publication date for such an election were a reference to the fifth day before the date of the referendum, c any reference to the issuing of a notice in the prescribed manner were a reference to the issuing of the notice in such manner and form as the registration officer may determine, d subsection (2)(c) were omitted. Preparation of the Polling List 18 1 Each registration officer must prepare, in accordance with this paragraph, a list merging all of the entries contained in— a the register of local government electors for the registration officer's area, and b the register of young voters for that area. 2 The list is referred to in this Act as the “Polling List”. 3 The entries in the Polling List must be arranged in such a way that it is not possible from reading the List to distinguish between those entries that are drawn from the register of local government electors, on the one hand, and those drawn from the register of young voters on the other. 4 Each entry in the Polling List is to contain the same information as the entry in the register from which it is drawn, except that any dates of birth are to be omitted. 5 No person to whom this sub-paragraph applies may— a supply to any person a copy of the Polling List, or b disclose any information contained in the List (that is not also contained in the edited version of the register of local government electors), otherwise than in accordance with this Act. 6 Sub-paragraph (5) applies to— a a registration officer, and b any person appointed to assist a registration officer, or who in the course of the person's employment is assigned to assist a registration officer, in the officer's registration functions. 7 Nothing in sub-paragraph (5) applies to the supply or disclosure by a person to whom that sub-paragraph applies to another such person in the connection with the person's registration functions for the purposes of the referendum. 8 The registration officer must ensure that the Polling List is securely destroyed no later than one year after the date of the referendum, unless otherwise directed by an order of the Court of Session or a sheriff principal. The cut-off date 19 1 In this Act, the cut-off date means 5pm on the eleventh day before the date of the referendum. 2 For the purpose of ascertaining the cut-off date, the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve or Christmas Day, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. PART 3 Postal voting: issue and receipt of ballot papers Persons entitled to be present at issue and receipt of postal ballot papers 20 1 Without prejudice to sections 18 to 20, no person may be present at the proceedings on the issue of postal ballot papers other than the counting officer and the counting officer's staff. 2 Without prejudice to sections 18 to 20, no person may be present at the proceedings on the receipt of postal ballot papers other than— a the counting officer and the counting officer's staff, b a referendum agent or any person appointed by a referendum agent to attend in such referendum agent's place, c any agents appointed under sub-paragraph (3). 3 Each referendum agent may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers (“postal ballot agents”). 4 The number of postal ballot agents that may be appointed under sub-paragraph (3)— a is to be determined by the counting officer, and b is to be the same for each referendum agent. 5 A referendum agent who appoints postal ballot agents must give the counting officer notice of the appointment no later than the time fixed for the opening of the postal voters box. 6 If a postal ballot agent dies or becomes unable to perform the agent's functions, the referendum agent may appoint another agent and must give the counting officer notice of the new appointment as soon as practicable. 7 A notice under sub-paragraph (5) or (6)— a must be given in writing, and b must give the names and addresses of the persons appointed. 8 In this Part of this schedule, references to postal ballot agents are to agents appointed under sub-paragraph (3) or (6)— a whose appointments have been duly made and notified, and b who are within the number authorised by the counting officer. 9 Where in this Part of this schedule anything is required or authorised to be done in the presence of postal ballot agents, the non-attendance of any agent or agents at the time and place appointed for the purpose does not invalidate the thing (if the thing is otherwise duly done). Notification of requirement of secrecy 21 The counting officer must make such arrangements as are reasonably practicable to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy of sub-paragraphs (7), (9) and (10) of paragraph 7 of schedule 7. Time when postal ballot papers are to be issued 22 The counting officer is to issue postal ballot papers (and postal voting statements) as soon as it is practicable to do so. Issue of postal ballot papers 23 1 The number of the voter as stated in the Polling List must be marked on the corresponding number list, next to the unique identifying number of the ballot paper issued to that voter. 2 A mark is to be placed in the postal voters list or the proxy postal voters list against the number of the voter to denote that a ballot paper has been issued to the voter or the voter's proxy, but without showing the particular ballot paper issued. 3 The number of a postal ballot paper must be marked on the postal voting statement sent with that paper. 4 Subject to sub-paragraph (5), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 25 are to be sent is— a in the case of a voter, the address shown in the postal voters list, b in the case of a proxy, the address shown in the proxy postal voters list. 5 Where a person has an anonymous entry in the register of electors, the items specified in sub-paragraph (4) are to be sent in an envelope or other form of covering so as not to disclose to any other person that the person has an anonymous entry to the address to which postal ballot papers should be sent— a as shown in the record of anonymous entries, or b as given in pursuance of an application made under paragraph 3(1) or (5) or 6(6) or (8). Refusal to issue postal ballot paper 24 Where a counting officer is satisfied that two or more entries in the postal voters list, or the proxy postal voters list or in each of those lists relate to the same voter, the counting officer may not issue more than one ballot paper in respect of that voter. Envelopes 25 1 The envelope which the counting officer is required by rule 8(1) of the conduct rules to issue to a postal voter is to be marked with the letter “B”. 2 The counting officer must also issue to a postal voter a smaller envelope which is to be marked with— a the letter “A”, b the words “ballot paper envelope”, and c the number of the ballot paper. Sealing up of completed corresponding number lists and security of special lists 26 1 As soon as practicable after the issue of each batch of postal ballot papers, the counting officer must make up into a packet the completed corresponding number lists for those ballot papers which have been issued and must seal that packet. 2 Until the counting officer has sealed the packet as described in paragraph 35(11), the counting officer must take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list. Payment of postage on postal ballot papers 27 1 Where ballot papers are posted to postal voters, postage must be prepaid. 2 Return postage must be prepaid where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom. Spoilt postal ballot papers 28 1 If a postal voter has inadvertently dealt with a postal ballot paper or postal voting statement in such manner that it cannot be conveniently used as a ballot paper (a “spoilt ballot paper”) or a postal voting statement (a “spoilt postal voting statement”) the postal voter may return the spoilt ballot paper or (as the case may be) the spoilt postal voting statement to the counting officer (either by hand or by post). 2 Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter must also return— a the postal ballot paper or (as the case may be) the postal voting statement (whether spoilt or not), and b the envelopes supplied for their return. 3 Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraphs (1) and (2), the counting officer must issue another postal ballot paper except where those documents are received after 5pm on the date of the referendum. 4 Where the counting officer receives the documents referred to in sub-paragraphs (1) and (2) after 5pm on the day before the date of the referendum, the counting officer may only issue another postal ballot paper if the postal voter returns the documents by hand. 5 The following provisions apply in relation to a replacement postal ballot paper under sub-paragraph (3) as they apply in relation to a ballot paper— a paragraph 23 (except sub-paragraph (2)), b paragraphs 25 and 26, and c subject to sub-paragraph (8), paragraph 27. 6 Any postal ballot paper or postal voting statement (whether spoilt or not) returned in accordance with sub-paragraphs (1) and (2) must be immediately cancelled. 7 The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (6), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed. 8 Where a postal voter applies in person after 5pm on the day before the date of the referendum, the counting officer may only issue a replacement postal ballot paper by handing it to the postal voter. 9 The counting officer must enter in a list kept for the purpose (“ the list of spoilt postal ballot papers ”)— a the name and number of the postal voter as stated in the Polling List (or, in the case of a postal voter who has an anonymous entry, that person's voter number alone), b the number of the postal ballot paper (or papers) issued under this paragraph, and c where the postal voter whose ballot paper is spoilt is a proxy, the name and address of the proxy. Lost postal ballot papers 29 1 Where a postal voter claims either to have lost or not to have received— a the postal ballot paper (a “lost postal ballot paper”), b the postal voting statement, or c one or more of the envelopes supplied for their return, by the fourth day before the date of the referendum, the postal voter may apply (whether or not in person) to the counting officer for a replacement ballot paper. 2 For the purposes of sub-paragraph (1), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve or Christmas Day, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971. 3 An application under sub-paragraph (1) must include evidence of the postal voter's identity. 4 Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter must return any of the documents referred to in sub-paragraph (1)(a) to (c) which the postal voter has received and which have not been lost. 5 Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (4) must be immediately cancelled. 6 The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (5), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed. 7 Subject to sub-paragraph (8), where the application referred to in sub-paragraph (1) is received by the counting officer before 5pm on the date of the referendum and the counting officer— a is satisfied as to the postal voter's identity, and b has no reason to doubt that the postal voter has either lost or has not received a document referred to in sub-paragraph (1)(a) to (c), the counting officer may issue another postal ballot paper. 8 Where the application referred to in sub-paragraph (1) is received by the counting officer after 5pm on the day before the date of the referendum, the counting officer may only issue another postal ballot paper if the postal voter applies in person. 9 The counting officer must enter in a list kept for the purpose (“ the list of lost postal ballot papers ”)— a the name and number of the postal voter as stated in the Polling List (or, in the case of a postal voter who has an anonymous entry, that person's voter number alone), b the number of the lost postal ballot paper and of its replacement issued under this paragraph, and c where the postal voter is a proxy, the name and address of the proxy. 10 The following provisions apply in relation to a replacement postal ballot paper under sub-paragraph (7) as they apply in relation to a ballot paper— a paragraph 23 (except sub-paragraph (2)), b paragraphs 25 and 26, and c subject to sub-paragraph (11), paragraph 27. 11 Where a postal voter applies in person after 5pm on the day before the date of the referendum, the counting officer may only issue a replacement postal ballot paper by handing it to the postal voter. 12 Where the counting officer issues another postal ballot paper under sub-paragraph (7), the lost postal ballot paper is void and of no effect. Superseded postal ballot papers 30 1 This paragraph applies where— a an event mentioned in sub-paragraph (2) occurs in relation to a voter or a voter's proxy, and b the documents mentioned in sub-paragraph (3) have previously been issued to the voter or, as the case may be, proxy. 2 The events are— a an application by the voter is granted under paragraph 3(2), (5), (6) or (7), b the voter is removed from the postal voters list, c the appointment of the proxy to vote for the voter in the referendum is cancelled, or ceases to have effect, by virtue of paragraph 5(10), d the proxy is removed from the proxy postal voters list, e an application by the proxy is granted under paragraph 6(8). 3 The documents are— a a postal ballot paper (a “superseded postal ballot paper”), b a postal voting statement, c the envelopes supplied for their return. 4 The registration officer must notify the counting officer of the occurrence of the event. 5 The superseded postal ballot paper is void and of no effect. 6 The counting officer must issue a replacement postal ballot paper where an application is granted under paragraph 3(5) or 6(8). 7 The voter or, as the case may be, proxy must return the documents mentioned in sub-paragraph (3). 8 Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (7) must be immediately cancelled. 9 The counting officer must, as soon as practicable after cancelling those documents, make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned in sub-paragraph (8), the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed. 10 The counting officer must enter in a list kept for the purpose (“the list of superseded postal ballot papers”)— a the name and number of the voter as stated in the Polling List (or, in the case of a voter who has an anonymous entry, the voter's voter number alone), b the number of the superseded postal ballot paper, c the number of any replacement postal ballot paper issued under sub-paragraph (6), and d where the superseded postal ballot paper was issued to a proxy, the name and address of the proxy. Notice of opening of postal ballot paper envelopes 31 1 The counting officer must give to each of the referendum agents appointed for the area not less than 48 hours' notice in writing of each occasion on which a postal voters' box and the envelopes contained in it are to be opened. 2 That notice must specify— a the time and place at which such an opening is to take place, and b the number of postal ballot agents that may be appointed to attend each opening. Boxes and receptacles 32 1 The counting officer must provide a separate box for the reception of— a the covering envelopes when returned by the postal voters, and b postal ballot papers. 2 Each such box must be marked “postal voters box” or “postal ballot box” (as the case may be) and with the name of the local government area. 3 The postal ballot box must be shown as being empty to any postal ballot agents present on the occasion of opening the first postal voters box. 4 The counting officer must then— a lock the postal ballot box, b apply the counting officer's seal in such manner as to prevent the box being opened without breaking the seal, and c allow any postal ballot agent present who wishes to affix the agent's seal to do so. 5 The counting officer must provide separate receptacles for— a rejected votes, b postal voting statements, c ballot paper envelopes, d rejected ballot paper envelopes, e rejected votes (verification procedure), and f postal voting statements (verification procedure). 6 The counting officer must take proper precautions for the safe custody of every box and receptacle referred to in this paragraph. Receipt of covering envelopes and collection of postal votes 33 1 The counting officer must, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters box. 2 Where an envelope, other than a covering envelope issued by the counting officer— a has been opened, and b contains a ballot paper envelope, postal voting statement or ballot paper, the envelope, together with its contents, is to be placed in a postal voters box. 3 The counting officer may collect (or arrange to be collected) any postal ballot paper or postal voting statement which by virtue of rule 28(2)(g) of the conduct rules the presiding officer of a polling station would otherwise be required to deliver (or arrange to be delivered) to the counting officer. 4 Where the counting officer collects (or arranges to be collected) any postal ballot paper or postal voting statement in accordance with sub-paragraph (3), the presiding officer must first make it (or them) up into a packet (or packets) sealed with the presiding officer's seal and the seal of any polling agent present who wishes to affix the agent's seal. Opening of postal voters box 34 1 Each postal voters box must be opened by the counting officer in the presence of any postal ballot agents who are present. 2 So long as the counting officer ensures that there is at least one sealed postal voters box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters boxes may be opened by the counting officer. 3 The last postal voters box and the postal ballot box must be opened at the counting of the votes under rule 30 of the conduct rules. Opening of covering envelopes 35 1 When a postal voters box is opened, the counting officer must count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in paragraph 33(2)). 2 The counting officer must set aside for personal identifier verification not less than 20 percent of the envelopes recorded on that occasion. 3 The counting officer must open separately each covering envelope that is not set aside (including an envelope described in paragraph 33(2)). 4 The procedure in paragraph 37 or 38 applies where a covering envelope (including an envelope to which paragraph 33(2) applies) contains both— a a postal voting statement, and b a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper. 5 Where the covering envelope does not contain the postal voting statement separately, the counting officer must open the ballot paper envelope to ascertain whether the postal voting statement is inside. 6 Where a covering envelope does not contain both— a a postal voting statement (whether separately or not), and b a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper, the counting officer must mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes. 7 Where— a an envelope contains the postal voting statement of a voter with an anonymous entry, and b sub-paragraph (6) does not apply, the counting officer must set aside that envelope and its contents for personal identifier verification in accordance with paragraph 38. 8 In carrying out the procedures in this paragraph and paragraphs 37 to 43, the counting officer and the counting officer's staff— a must keep the ballot papers face downwards and must take proper precautions for preventing any person from seeing the votes made on the ballot papers, and b must not look at the corresponding number list used at the issue of postal ballot papers. 9 Where an envelope opened in accordance with sub-paragraph (3) contains a postal voting statement, the counting officer must place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the voter to denote that a postal vote has been returned. 10 A mark made under sub-paragraph (9) must be distinguishable from and must not obscure the mark made under paragraph 23(2). 11 As soon as practicable after the last covering envelope has been opened, the counting officer must make up into a packet the copy of the marked postal voters list and proxy postal voters list that have been marked in accordance with sub-paragraph (9) and must seal that packet. Confirmation of receipt of postal voting statement 36 1 A voter or a voter's proxy who is shown in the postal voters list or proxy postal voters list may make a request, at any time between the first issue of postal ballots under paragraph 23 and the close of the poll, that the counting officer confirm— a whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the voter to denote that a postal vote has been returned, and b whether the number of the ballot paper issued to the voter or the voter's proxy has been recorded on either of the lists of provisionally rejected postal ballot papers kept by the counting officer under sub-paragraphs (2) and (3) of paragraph 42. 2 Where a request is received in accordance with sub-paragraph (1) the counting officer must, if satisfied that the request has been made by the voter or the voter's proxy, provide confirmation of the matters mentioned in sub-paragraph (1). Procedure in relation to postal voting statements 37 1 This paragraph applies to any postal voting statement contained in an envelope that has not been set aside for personal identifier verification in accordance with paragraph 35(2) or (7). 2 The counting officer must determine whether the postal voting statement is duly completed. 3 Where the counting officer determines that the postal voting statement is not duly completed, the counting officer must mark the statement “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes. 4 Before placing the statement in the receptacle for rejected votes, the counting officer must— a show it to the postal ballot agents, and b if any agent objects to the counting officer's decision, add the words “rejection objected to”. 5 The counting officer must then examine the number on the postal voting statement against the number on the ballot paper envelope and, where they are the same, must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements and the receptacle for ballot paper envelopes. 6 Where— a the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or b that envelope has no number on it, the counting officer must open the envelope. 7 Sub-paragraph (8) applies where— a there is a valid postal voting statement but no ballot paper envelope, or b the ballot paper envelope has been opened under paragraph 35(5) or sub-paragraph (6). 8 The counting officer must place— a in the postal ballot box, any postal ballot paper the number on which is the same as the number on the valid postal voting statement, b in the receptacle for rejected votes, any other postal ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”, c in the receptacle for rejected votes, any valid postal voting statement marked “provisionally rejected” where there is no postal ballot paper, and d in the receptacle for postal voting statements, any valid statement not disposed of under paragraph (b) or (c). Procedure in relation to postal voting statements: personal identifier verification 38 1 This paragraph applies to any postal voting statement contained in an envelope that has been set aside for personal identifier verification in accordance with paragraph 35(2) or (7). 2 The counting officer must open the envelope and determine whether the postal voting statement is duly completed and, as part of that process, must compare the date of birth and the signature on the postal voting statement against the date of birth and the signature contained in the personal identifiers record relating to the person to whom the postal ballot paper was addressed. 3 Where the counting officer determines that the statement is not duly completed, the counting officer must mark the statement “rejected”, attach it to the ballot paper envelope, or if there is no such envelope, the ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes (verification procedure). 4 Before placing a postal voting statement in the receptacle for rejected votes (verification procedure), the counting officer must— a show it to the postal ballot agents, b permit the agents to view the entries in the personal identifiers record relating to the person to whom the postal ballot paper was addressed, and c if any agent objects to the counting officer's decision, add the words “rejection objected to”. 5 The counting officer must then examine the number on the postal voting statement against the number on the ballot paper envelope and, where they are the same, the counting officer must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements (verification procedure) and the receptacle for ballot paper envelopes. 6 Where— a the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or b that envelope has no number on it, the counting officer must open the envelope. 7 Sub-paragraph (8) applies where— a there is a valid postal voting statement but no ballot paper envelope, or b the ballot paper envelope has been opened under paragraph 35(5) or sub-paragraph (6). 8 The counting officer must place— a in the postal ballot box, any postal ballot paper the number on which is the same as the number on the valid postal voting statement, b in the receptacle for rejected votes (verification procedure), any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”, c in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where there is no postal ballot paper, and d in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under paragraph (b) or (c). Postal voting statements: additional personal identifier verification 39 1 A counting officer may on any occasion on which a postal voters box is opened in accordance with paragraph 34 undertake verification of the personal identifiers on any postal voting statement that has on a prior occasion been placed in the receptacle for postal voting statements. 2 Where a counting officer undertakes additional verification of personal identifiers, the officer must— a remove as many postal voting statements from the receptacle for postal voting statements as the officer wishes to subject to additional verification, and b compare the date of birth and the signature on each such postal voting statement against the date of birth and the signature contained in the personal identifiers record relating to the person to whom the postal ballot paper was addressed. 3 Where the counting officer is no longer satisfied that the postal voting statement has been duly completed, the officer must mark the statement “rejected” and, before placing the postal voting statement in the receptacle for rejected votes (verification procedure), must— a show it to the postal ballot agents and permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed, and, if any agent objects to the counting officer's decision, add the words “ rejection objected to ” , b open any postal ballot box and retrieve the ballot paper corresponding to the ballot paper number on the postal voting statement, c show the ballot paper number on the retrieved ballot paper to the agents, and d attach the ballot paper to the postal voting statement. 4 Following the removal of a postal ballot paper from a postal ballot box the counting officer must lock and reseal the postal ballot box in the presence of the postal ballot agents. 5 Whilst retrieving a ballot paper in accordance with sub-paragraph (3), the counting officer and the counting officer's staff— a must keep the ballot papers face downwards and take proper precautions for preventing any person from seeing the votes made on the ballot papers, and b must not look at the corresponding number list used at the issue of postal ballot papers. Opening of ballot paper envelopes 40 1 The counting officer must open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes. 2 The counting officer must place— a in the postal ballot box, any postal ballot paper the number on which is the same as the number on the ballot paper envelope, b in the receptacle for rejected votes, any other postal ballot paper, which is to be marked “provisionally rejected” and to which is to be attached the ballot paper envelope, and c in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which is to be marked “provisionally rejected” because it does not contain a postal ballot paper. Retrieval of cancelled postal ballot papers 41 1 Where it appears to the counting officer that a cancelled postal ballot paper has been placed— a in a postal voters box, b in the receptacle for ballot paper envelopes, or c in a postal ballot box, the counting officer must proceed as set out in sub-paragraphs (2) and (3). 2 The counting officer must on the next occasion on which a postal voters box is opened in accordance with paragraph 34, also open any postal ballot box and the receptacle for ballot paper envelopes and— a retrieve the cancelled postal ballot paper, b show the ballot paper number on the cancelled postal ballot paper to the postal ballot agents, c retrieve the postal voting statement that relates to a cancelled paper from the receptacle for postal voting statements, d attach any cancelled postal ballot paper to the postal voting statement to which it relates, e place the cancelled documents in a separate packet and deal with that packet in the manner provided for in paragraph 28(7), and f unless the postal ballot box has been opened for the purposes of the counting of votes under rule 30 of the conduct rules, seal the postal ballot box in the presence of the agents. 3 Whilst retrieving a cancelled postal ballot paper in accordance with sub-paragraph (2), the counting officer and the counting officer's staff— a must keep the ballot papers face downwards and take proper precautions for preventing any person from seeing the votes made on the ballot papers, and b must not look at the corresponding number list used at the issue of postal ballot papers. Lists of provisionally rejected postal ballot papers 42 1 The counting officer must keep two separate lists of provisionally rejected postal ballot papers. 2 In the first list, the counting officer must record the ballot paper number of any postal ballot paper for which no valid postal voting statement was received with it. 3 In the second list, the counting officer must record the ballot paper number of any postal ballot paper which is entered on a valid postal voting statement where that postal ballot paper is not received with the postal voting statement. Checking of lists kept under paragraph 42 43 1 Where the counting officer receives a valid postal voting statement without the postal ballot paper to which it relates, the counting officer may, at any time prior to the close of the poll, check the list kept under paragraph 42(2) to see whether the number of any postal ballot paper to which the statement relates is entered in the list. 2 Where the counting officer receives a postal ballot paper without the postal voting statement to which it relates, the counting officer may, at any time prior to the close of the poll, check the list kept under paragraph 42(3) to see whether the number of the postal ballot paper is entered in the list. 3 The counting officer must conduct the checks required by sub-paragraphs (1) and (2) as soon as practicable after the receipt, under rule 28(1)(c) of the conduct rules, of packets from every polling station in the local government area. 4 Where the ballot paper number in the list matches that number on a valid postal voting statement or (as the case may be) the postal ballot paper, the counting officer must retrieve that statement or paper. 5 The counting officer must then take the appropriate steps under this Part of this schedule as though any document earlier marked “provisionally rejected” had not been so marked and must amend the document accordingly. Sealing of receptacles 44 1 As soon as practicable after the completion of the procedure under paragraph 43(3) and (4), the counting officer must make up into separate packets the contents of— a the receptacle for rejected votes, b the receptacle for postal voting statements, c the receptacle for rejected ballot paper envelopes, d the lists of spoilt, lost and superseded postal ballot papers, e the receptacle for rejected votes (verification procedure), and f the receptacle for postal voting statements (verification procedure), and must seal up such packets. 2 Any document in those packets marked “provisionally rejected” is to be deemed to be marked “rejected”. Forwarding of documents 45 1 The counting officer must, at the same time as sending the documents mentioned in rule 37 of the conduct rules, send to the proper officer— a any packets referred to in paragraphs 26, 28(7), 29(6), 30(9), 35(11), 41(2)(e) and 44, endorsing on each packet a description of its contents and the date of the referendum, and b a completed statement giving details of postal ballot papers issued, received, counted and rejected in the form prescribed. 2 Where— a any covering envelopes are received by the counting officer after the close of the poll (apart from those delivered in accordance with the provisions of rule 28 of the conduct rules), b any envelopes addressed to postal voters are returned as undelivered too late to be re-addressed, or c any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued, the counting officer must put them unopened in a separate packet, seal up that packet and endorse and send it at a subsequent date in the manner described in sub-paragraph (1). 3 Rules 38 and 40 of the conduct rules apply to any packet or document sent under this paragraph as they apply for the purposes of the documents referred to in those rules. 4 A copy of the statement referred to in sub-paragraph (1)(b) is to be provided by the counting officer to the Electoral Commission. Power of Chief Counting Officer to prescribe 46 1 In paragraphs 10(2) and 45(1)(b), “ prescribed ” means prescribed by the Chief Counting Officer. 2 Where a form is prescribed under sub-paragraph (1), the form may be used with such variations as the circumstances may require. Interpretation of Part 47 In this Part— “ postal ballot paper ” means a ballot paper issued, or to be issued, to a postal voter, “ postal voter ” means a voter or a voter's proxy who is entitled to vote by post. PART 4 Supply of Polling List etc. Supply of free copy of Polling List etc. to counting officers 48 1 Each registration officer must, at the request of the relevant counting officer, supply free of charge to the counting officer as many printed copies of— a the latest version of the Polling List, b any notice setting out an alteration to the register of electors issued under— i section 13A(2) of the 1983 Act, ii section 13B(3), (3B) or (3D) of that Act, or iii section 13BB(4) or (5) of that Act, and c any record of anonymous entries, as the counting officer may reasonably require for the purposes of the referendum. 2 Each registration officer must, as soon as practicable, supply free of charge to the relevant counting officer as many printed copies of— a the postal voters list, b the list of proxies, and c the proxy postal voters list, as the counting officer may reasonably require for the purposes of the referendum. 3 If, after supplying copies of the Polling List and notices in accordance with sub-paragraph (1), any further notices of the kind referred to in paragraph (b) of that sub-paragraph are issued by a registration officer, the registration officer must, as soon as reasonably practicable after issuing the notices, supply the relevant counting officer with as many printed copies as the counting officer may reasonably require for the purposes of the referendum. 4 The duty under sub-paragraph (1) to supply as many printed copies of the Polling List and notices as the counting officer may reasonably require includes a duty to supply one copy in data form. 5 No person to whom a copy of a document has been supplied under this paragraph may, except for the purposes of the referendum— a supply a copy of the document, b disclose any information contained in it (that is not also contained in the edited version of the register of local government electors), or c make use of any such information. Supply of free copy of Polling List etc. to Electoral Commission 49 1 Each registration officer must supply free of charge to the Electoral Commission one copy of— a the Polling List, b any notice setting out an alteration of the register of electors issued under— i section 13A(2) of the 1983 Act, ii section 13B(3), (3B) or (3D) of that Act, or iii section 13BB(4) or (5) of that Act, c the postal voters list, d the list of proxies, and e the proxy postal voters list. 2 The duty to supply under sub-paragraph (1) is a duty to supply in data form unless the Commission have, prior to the supply, requested in writing a printed copy instead. 3 Neither an Electoral Commissioner nor any person employed by the Commission may— a supply a copy of any document supplied under sub-paragraph (1) otherwise than to another Electoral Commissioner or another such person, b disclose any information contained in any such document otherwise than in accordance with sub-paragraph (5) below, c make use of any such information otherwise than in connection with the Commissioner's or the person's functions under, or by virtue of, this Act. 4 In sub-paragraph (3), “ Electoral Commissioner ” includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner. 5 A document supplied under sub-paragraph (1), or any information contained in it, may not be disclosed otherwise than— a where necessary to carry out the Commission's functions under this Act in relation to permissible donors, b by publishing information about voters which does not include the name or address of any voter. Supply of free copy of edited Polling List etc. to designated organisations 50 1 If a designated organisation so requests, the registration officer must supply free of charge to the organisation one copy of an edited version of— a the Polling List, b any notice setting out an alteration of the register of electors issued under— i section 13A(2) of the 1983 Act, ii section 13B(3), (3B) or (3D) of that Act, or iii section 13BB(4) or (5) of that Act, c the postal voters list, d the list of proxies, and e the proxy postal voters list. 2 For the purposes of this paragraph, an “edited version” of a document is a version of the document with— a all voter numbers removed, and b all anonymous entries removed. 3 A request under sub-paragraph (1) must— a be made in writing, b specify the documents requested, c state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any further documents issued, and d state whether a printed copy of any of the documents is requested instead of a version in data form. 4 Unless a request has been made in advance of supply under sub-paragraph (3)(d), the copy of a document supplied under sub-paragraph (1) is to be in data form. 5 No person employed by, or assisting (whether or not for reward) a designated organisation to which a document has been supplied under this paragraph may, except for a purpose set out in sub-paragraph (6)— a supply a copy of the document to any person, b disclose any information contained in it (that is not also contained in the edited version of the register of local government electors), or c make use of any such information. 6 The purposes are— a purposes in connection with the campaign in respect of the referendum identified in the declaration made by the organisation under paragraph 2 of schedule 4, and b the purposes of complying with the controls on donations and regulated transactions in that schedule. Supply of free copy of register of local government electors etc. to permitted participants 51 1 If a permitted participant so requests, the registration officer must supply free of charge to the participant one copy of— a the full, latest version of the register of local government electors published under section 13(1) or (3) of the 1983 Act, b any notice setting out an alteration of that version of the register issued under— i section 13A(2) of the 1983 Act, ii section 13B(3), (3B) or (3D) of that Act, or iii section 13BB(4) or (5) of that Act, c the postal voters list kept by the officer under paragraph 5(2) of Schedule 4 (absent voting at parliamentary and local government elections) to the Representation of the People Act 2000, d the list of proxies kept by the officer under paragraph 5(3) of that Schedule, and e the proxy postal voters list kept by the officer under paragraph 7(8) of that Schedule. 2 A request under sub-paragraph (1) must— a be made in writing, b specify the documents requested, c state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any further documents issued, and d state whether a printed copy of any of the documents is requested instead of a version in data form. 3 Unless a request has been made in advance of supply under sub-paragraph (2)(d), the copy of a document supplied under sub-paragraph (1) is to be in data form. 4 No person employed by, or assisting (whether or not for reward) a permitted participant to which a document has been supplied under this paragraph may, except for a purpose set out in sub-paragraph (5)— a supply a copy of the document to any person, b disclose any information contained in it (that is not also contained in the edited version of the register of local government electors), or c make use of any such information. 5 The purposes are— a purposes in connection with the campaign in respect of the referendum identified in the declaration made by the permitted participant under paragraph 2 of schedule 4, and b the purposes of complying with the controls on donations and regulated transactions in that schedule. Supply of data 52 A duty of a registration officer to supply data under this Part of this schedule is a duty only to supply the data in the form in which the officer holds it. General restriction on use of registration documents and information contained in them 53 1 This paragraph applies to— a any person to whom a copy of a registration document is supplied under any enactment other than paragraphs 48 to 51, b any person to whom information contained in a registration document has been disclosed, c any person to whom a person referred to in paragraph (a) or (b) has supplied a copy of a registration document or information contained in it, and d any person who has obtained access to a copy of a registration document or information contained in it by any other means. 2 No person to whom this paragraph applies may, except for the purposes of the referendum— a supply a copy of a registration document, b disclose any information contained in a registration document (that is not also contained in the edited version of the register of local government electors), or c make use of any such information. 3 In this paragraph, “ registration document ” means a document referred to in paragraphs 48(1) and (2) and 50(1). Offence in relation to disclosure of registration documents 54 1 A person (“A”) commits an offence— a if A contravenes any of paragraphs 18(5), 48(5), 49(3) or (5), 50(5), 51(4) or 53(2), or b if A is an appropriate supervisor of another person (“B”) who contravenes any of those paragraphs and A failed to take appropriate steps. 2 B does not commit an offence under sub-paragraph (1) if— a B has an appropriate supervisor, and b B complied with all the requirements imposed on B by the appropriate supervisor. 3 A does not commit an offence under sub-paragraph (1) if— a A is not, and does not have, an appropriate supervisor, and b A took all reasonable steps to ensure that A did not contravene a provision specified in sub-paragraph (1)(a). 4 In this paragraph— “ appropriate supervisor ” means a person who is a director of a company, or concerned in the management of an organisation, in which B is employed or under whose direction or control B is, “appropriate steps” are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, any contravention of a provision specified in sub-paragraph (1)(a). 5 A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Destruction of copies of the Polling List etc. 55 1 This paragraph applies to any person holding a copy of a document supplied under paragraph 48(1) or (2), 50(1) or 51(1). 2 The person must ensure that the document is securely destroyed no later than one year after the date of the referendum, unless otherwise directed by an order of the Court of Session or a sheriff principal. 3 A person who fails to comply with sub-paragraph (2) commits an offence. 4 A person who commits an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. PART 5 Supply of marked Polling List etc. Supply of marked Polling List etc. to designated organisations 56 1 A designated organisation may request that a counting officer supply the organisation with copies of— a the marked copy of the Polling List, b the marked copy of any notice setting out an alteration of the register of electors issued under— i section 13B(3B) or (3D) of the 1983 Act, or ii section 13BB(4) of that Act, c the marked copy of the postal voters list, d the marked copy of the list of proxies, and e the marked copy of proxy postal voters list. 2 A request under sub-paragraph (1) must— a be made in writing, b specify the documents requested, c state whether a printed copy of the documents is requested or a copy in data form, and d state the purposes for which the documents will be used and why the supply of the unmarked copies of the documents would not be sufficient to achieve those purposes. 3 Where a request is duly made by a designated organisation under sub-paragraph (1), the counting officer must supply the documents requested if— a the officer is satisfied that the organisation needs to see the marks on the marked copies of the documents in order to achieve the purpose for which they are requested, and b the officer has received payment of a fee calculated in accordance with paragraph 57. 4 A designated organisation that obtains a copy of any document referred to in sub-paragraph (1) may use it— a only for— i purposes in connection with the campaign in respect of the referendum identified in the declaration made by the organisation under paragraph 2 of schedule 4, or ii the purposes of complying with the controls on donations and regulated transactions in that schedule, and b subject to any conditions that would apply to the use of the unmarked copies of the documents by virtue of paragraph 50. 5 Where a person (“A”) has been supplied with a copy of a document referred to in sub-paragraph (1), or information contained in such a document, by a person (“B”) to whom paragraph 50(5) applies, the restrictions in that paragraph also apply to A as they apply to B. 6 A designated organisation may— a supply a copy of a document referred to in sub-paragraph (1) to a processor for the purpose of processing the information contained in it, or b procure that a processor processes and supplies to the organisation any copy of the information in such a document that the processor has obtained under this paragraph, for use in respect of the purposes for which the designated organisation is entitled to obtain such document or information. 7 A duty of a counting officer to supply data under this paragraph is a duty only to supply the data in the form in which the officer holds it. 8 Paragraph 55 applies to a person holding a copy of a document supplied under this paragraph as it applies to a person holding a copy of any document supplied under paragraph 48(1) or (2), 50(1) or 51(1) (and the reference in paragraph 55(2) to the document is to be construed accordingly). 9 In sub-paragraph (6) “ processor ” means a person who provides a service which consists of putting information into data form and includes an employee of such a person. 10 In this Act, “ marked copy ” means— a in relation to the Polling List, the copy marked as mentioned in rule 21(2)(c) of the conduct rules, b in relation to a notice issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act, the copy marked as mentioned in that rule as modified by rule 21(4), c in relation to the list of proxies, the copy marked as mentioned in rule 21(2)(d), d in relation to the postal voters list or proxy postal voters list, the copy marked as mentioned in paragraph 23(2) of this schedule. Fee for supply of marked Polling List etc. 57 1 The fee to be paid in accordance with sub-paragraph (3)(b) of paragraph 56 by a designated organisation requesting the supply of a document referred to in sub-paragraph (1) of that paragraph is set out in sub-paragraph (2). 2 The fee is £10 plus— a for a copy in printed form, £2 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request, b for a copy in data form, £1 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request. 3 For the purposes of this paragraph, a request for a copy of the whole or the same part of a document in both printed and data form may be treated as two separate requests. SCHEDULE 3 Conduct rules (introduced by section 10) Publication of notice of the referendum 1 1 The counting officer must publish notice of the referendum not later than the twenty-fifth day before the date of the referendum. 2 For the purposes of paragraph (1), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve or Christmas Day, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. 3 The notice must— a be in the form prescribed, and b set out— i the date of the referendum, ii the hours of polling, iii a description of who is entitled to vote at each polling station, and iv the situation of each polling station in the local government area. 4 The notice must also state the day by which— a applications to register to vote, b applications to vote by post or by proxy, c other applications and notices about postal or proxy voting, must reach the registration officer in order that they may be effective for the referendum. 5 As soon as practicable after publishing the notice under paragraph (1), the counting officer must give a copy of it to each of the referendum agents appointed for the area. Hours of polling 2 The hours of polling are between 7am and 10pm. The ballot 3 1 The votes at the referendum are to be given by ballot. 2 The ballot of every voter consists of a ballot paper. 3 The ballot paper is to be of the prescribed colour. Printing of ballot papers 4 The counting officer must arrange for the printing of the ballot papers for the counting officer's area unless the Chief Counting Officer takes responsibility for doing so. The corresponding number list 5 1 The counting officer must prepare a list (the “corresponding number list”) which complies with paragraph (2). 2 The corresponding number list must— a contain the unique identifying numbers of all ballot papers to be issued in accordance with rule 8(1) or provided in accordance with rule 13(1), and b be in the form prescribed. Security marking 6 1 Every ballot paper must bear or contain— a an official mark on the front of the ballot paper, and b a unique identifying number on the back of the ballot paper. 2 The counting officer may use a different official mark for ballot papers issued for the purpose of voting by post from the official mark used for ballot papers issued for the purpose of voting in person. 3 The counting officer may use a different official mark for different purposes. 4 The official mark must be kept secret. Use of schools and public rooms for polling and counting votes 7 1 The counting officer may use, free of charge, for the purpose of taking the poll or counting the votes— a a suitable room in the premises of a school to which this rule applies in accordance with paragraph (2), and b any meeting room to which this rule applies in accordance with paragraph (3). 2 This rule applies to any school maintained by an education authority. 3 This rule applies to meeting rooms situated in Scotland the expense of maintaining which is payable wholly or mainly by— a the Scottish Ministers or any other part of the Scottish Administration, or b any Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998). 4 The counting officer— a must pay any expenses incurred in preparing, warming, lighting and cleaning the room and restoring the room to its usual condition after use for the referendum, and b must pay for any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises by reason of its being used for the purposes of taking the poll or counting the votes. 5 For the purposes of this rule (except those of paragraph (4)(b)), the premises of a school are not to be taken to include any private dwelling. 6 In this rule— “ dwelling ” includes any part of a building where that part is occupied separately as a dwelling, “ meeting room ” means any room which it is the practice to let for public meetings, and “ room ” includes a hall, gallery or gymnasium. Postal ballot papers 8 1 The counting officer must issue to those entitled to vote by post— a a ballot paper, b a postal voting statement in the form prescribed, and c an envelope for their return. 2 The counting officer must also, as soon as reasonably practicable, issue to those entitled to vote by post information about how to obtain— a translations into languages other than English of any directions to or guidance for voters sent with the ballot paper, b a translation into Braille of such directions or guidance, c a graphical representation of such directions or guidance, and d the directions or guidance in any other form (including in audible form). Provision of polling stations 9 1 The counting officer must— a provide a sufficient number of polling stations, and b allot the voters to the polling stations. 2 One or more polling stations may be provided in the same room. 3 The counting officer must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation. Appointment of presiding officers and clerks 10 1 The counting officer must appoint and pay— a a presiding officer to attend at each polling station, and b such clerks as may be necessary for the purposes of the referendum. 2 The counting officer may not appoint any person who is or has been involved in campaigning for a particular outcome in the referendum. 3 The counting officer may preside at a polling station and the provisions of these rules relating to a presiding officer apply to a counting officer who so presides with the necessary modifications as to things done by the counting officer to the presiding officer or by the presiding officer to the counting officer. 4 A presiding officer may authorise a clerk appointed under paragraph (1)(b) to do any act which the presiding officer is required or authorised by these rules to do at a polling station, except ordering the removal and exclusion of any person from the polling station. Issue of poll cards 11 1 The counting officer must, as soon as reasonably practicable after publishing the notice of the referendum under rule 1, send to voters whichever of the following is appropriate— a an official poll card, b an official postal poll card, c an official poll card issued to the proxy of a voter, or d an official postal poll card issued to the proxy of a voter. 2 A voter's official poll card is to be sent or delivered to the voter's qualifying address. 3 A voter's official postal poll card is to be sent or delivered to the address to which the voter has stated that the ballot paper is to be sent. 4 A proxy's official poll card or official postal poll card is to be sent or delivered to the proxy's address as shown in the list of proxies. 5 The cards mentioned in paragraph (1) are to be in the form prescribed. 6 The cards must set out— a the voter's name, qualifying address and number in the Polling List (unless the voter has an anonymous entry), b the date of the referendum, c the hours of polling, and d the situation of the polling station allotted to the voter under rule 9(1)(b) (in the case of the cards mentioned in paragraph (1)(a) and (c)). 7 Where a poll card is sent to a voter who has appointed a proxy, the card must also notify the voter of the appointment of the proxy. 8 In the case of a voter who has an anonymous entry, the card must be sent in an envelope or other form of covering so as not to disclose to any other person that the person has an anonymous entry. Loan of equipment for referendum 12 1 A council must, if requested to do so by a counting officer, loan to the counting officer any ballot boxes, fittings and compartments provided by or belonging to the council. 2 Paragraph (1) does not apply if the council requires the equipment for immediate use by that council. 3 A loan under paragraph (1) is to be on such terms and conditions as the council and the counting officer may agree. Equipment of polling stations 13 1 The counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as the counting officer considers necessary. 2 Each ballot box is to be constructed so that the ballot papers can be put in, but cannot be withdrawn from it, without the box being opened. 3 The counting officer must provide each polling station with— a materials to enable voters to mark the ballot papers, b copies of the Polling List or such part of it as contains the entries relating to the voters allotted to the station, c the parts of any lists of persons entitled to vote by post or by proxy prepared for the referendum corresponding to the Polling List or the part of it provided under sub-paragraph (b), d copies of forms of declarations and other documents required for the purpose of the poll, and e the part of the corresponding number list which contains the numbers corresponding to those on the ballot papers provided to the presiding officer of the polling station. 4 The reference in paragraph (3)(b) to the copies of the Polling List includes a reference to copies of any notices issued under section 13B(3B) or (3D) or 13BB(4) or (5) of the 1983 Act in respect of alterations to the register of electors. 5 A notice giving directions for the guidance of voters in voting is to be displayed— a inside and outside every polling station, and b in every compartment of every polling station. 6 The notice under paragraph (5) is to be in the form prescribed. 7 The counting officer must also provide each polling station with— a an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially-sighted, and b a device for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion. 8 The counting officer may cause to be displayed at every polling station an enlarged sample copy of the ballot paper and may include a translation of it into such other languages as the counting officer considers appropriate. 9 The sample copy mentioned in paragraphs (7)(a) and (8) must be clearly marked as a specimen provided only for the guidance of voters in voting. Appointment of polling and counting agents 14 1 A referendum agent may appoint— a polling agents to attend at polling stations for the purpose of detecting personation, b counting agents to attend at the counting of the votes. 2 The counting officer may limit the number of counting agents that may be appointed, so long as— a the number that may be appointed by each referendum agent is the same, and b the number that may be appointed by each referendum agent is not less than the number obtained by dividing the number of clerks employed on the counting by the number of referendum agents. 3 For the purposes of paragraph (2)(b), a counting agent appointed by more than one referendum agent is to be treated as a separate agent for each of them. 4 A referendum agent who appoints a polling or counting agent must give the counting officer notice of the appointment no later than the fifth day before the date of the referendum. 5 For the purposes of paragraph (4), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve or Christmas Day, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, d a day appointed for public thanksgiving or mourning. 6 If a polling agent or counting agent dies or becomes unable to perform the agent's functions, the referendum agent may appoint another agent and must give the counting officer notice of the new appointment as soon as practicable. 7 A notice under paragraph (4) or (6)— a must be given in writing, b must give the name and address of the person appointed, c in the case of a polling agent, must set out which polling stations the agent may attend, d in the case of a counting agent, must set out which counts the agent may attend. 8 In schedule 2 and these conduct rules, references to polling agents and counting agents are to agents appointed under paragraph (1) or (6)— a whose appointments have been duly made and notified, and b where the number of agents is restricted, who are within the permitted numbers. 9 Any notice required to be given to a counting agent by the counting officer may be delivered at, or sent by post to, the address stated in the notice under paragraph (4) or (6). 10 A referendum agent may do (or assist in doing) anything that a polling or counting agent appointed by that referendum agent is authorised to do. 11 Anything required or authorised by schedule 2 or these conduct rules to be done in the presence of polling or counting agents may be done instead in the presence of the referendum agent who appointed the polling or counting agents. 12 Where in schedule 2 or these conduct rules anything is required or authorised to be done in the presence of polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose does not invalidate the thing (if the thing is otherwise duly done). Admission to polling station 15 1 No person other than the presiding officer and the persons mentioned in paragraph (2) may attend a polling station. 2 Those persons are— a voters, b persons under the age of 16 accompanying voters, c the companions of voters with disabilities, d the Member of Parliament for the constituency in which the polling station is situated, e the member of the Scottish Parliament for the constituency in which the polling station is situated, f members of the Scottish Parliament for the region in which the polling station is situated, g members of the council for the electoral ward in which the polling station is situated, h members of the European Parliament for the electoral region of Scotland, i the clerks appointed to attend at the polling station, j the Chief Counting Officer and members of the Chief Counting Officer's staff, k the counting officer and members of the counting officer's staff, l constables on duty, m persons entitled to attend by virtue of section 18, 19 or 20, n referendum agents, o polling agents appointed to attend at the polling station, and p any other person the presiding officer permits to attend. 3 In paragraph (2)(g), “ electoral ward ” has the meaning given by section 1 of the Local Governance (Scotland) Act 2004. 4 The presiding officer may regulate the total number of voters and persons under the age of 16 accompanying voters who may be admitted to the polling station at the same time. 5 Not more than one polling agent is to be admitted at the same time to a polling station on behalf of the same permitted participant. 6 A constable or a member of the counting officer's staff may only be admitted to vote in person elsewhere than at the polling station allotted under rule 9(1)(b), in accordance with paragraph 1(5) of schedule 2, on production of a certificate which satisfies the requirements set out in paragraph (7). 7 A certificate must— a be signed by— i in the case of a constable, an officer of police of the rank of inspector or above, or ii in the case of a member of the counting officer's staff, the counting officer, and b be in the form prescribed. 8 A certificate produced under paragraph (6) must be immediately cancelled. Notification of requirement of secrecy 16 1 The counting officer must make such arrangements as are reasonably practicable to ensure that— a every person attending at a polling station has been given a copy of the provisions of sub-paragraphs (1), (3), (5), (8), (9) and (10) of paragraph 7 of schedule 7, b every person attending at the counting of the votes has been given a copy of sub-paragraphs (4), (9) and (10) of that paragraph. 2 Paragraph (1) does not require the provision of that information to— a a person attending the polling station for the purpose of voting, b a person under the age of 16 accompanying a voter, c a companion of a voter with disabilities, or d a constable on duty at a polling station or at the count. Keeping of order in polling station 17 1 The presiding officer must keep order at the polling station. 2 If a person— a obstructs the operation of the polling station, b obstructs any voter in polling, or c does anything else which the presiding officer considers may adversely affect proceedings at the polling station, the presiding officer may order the person to be removed immediately from the polling station. 3 A person may be removed— a by a constable, or b by the presiding officer. 4 A person removed under paragraph (2) must not enter the polling station again during that day without the presiding officer's permission. 5 A person removed under paragraph (2) may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant. 6 The power to remove a person from the polling station is not to be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. Sealing of ballot boxes 18 1 Immediately before the commencement of the poll, the presiding officer must— a show each ballot box proposed to be used for the purposes of the poll to such persons (if any) who are present in the polling station so that they may see that each box is empty, b place the presiding officer's seal on each box in such a manner as to prevent it being opened without breaking the seal, and c place each box in the presiding officer's view for the receipt of ballot papers. 2 The presiding officer must ensure that each box remains sealed until the close of the poll. Questions to be put to voters 19 1 At the time a voter applies for a ballot paper (but not afterwards), the presiding officer— a must put the questions mentioned in paragraph (2) to the voter if required to do so by a referendum agent or polling agent, b may put the questions mentioned in paragraph (2) to the voter if the presiding officer considers it appropriate to do so. 2 The questions referred to in paragraph (1) are— Type of person applying for ballot paper Questions 1. A person applying as a voter a “Are you the person named in the Polling List as follows (read the whole entry from the Polling List)?” b “Have you already voted in this referendum otherwise than as proxy for some other person?” 2. A person applying as proxy a “Are you the person whose name appears as A.B. in the list of proxies for this referendum as entitled to vote as proxy on behalf of C.D.?” b “Have you already voted in this referendum as proxy on behalf of C.D.?” c “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.?” 3. A person applying as proxy for a voter with an anonymous entry (instead of the questions in entry 2) a “Are you the person entitled to vote as proxy on behalf of the voter whose number on the Polling List is (read out the number from the Polling List)?” b “Have you already voted in this referendum as proxy on behalf of the voter whose number on the Polling List is (read out the number from the Polling List)?” c “Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the Polling List is (read out the number from the Polling List)?” 4. A person applying as proxy if the answer to the question at 2(c) or 3(c) is not “yes” “Have you already voted in this referendum on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?” 5. A person applying as a voter in relation to whom there is an entry in the postal voters list a “Did you apply to vote by post?” b “Why have you not voted by post?” 6. A person applying as proxy who is named in the proxy postal voters list a “Did you apply to vote by post as proxy?” b “Why have you not voted by post as proxy?” 3 In the case of a voter in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act— a the first reference in each of the questions in entries 1(a) and 3(a), (b) and (c) to the Polling List is to be read as a reference to the register of electors, and b the reference in each of those questions to reading from the Polling List is to be read as a reference to reading from the notice issued under that section. 4 A ballot paper must not be delivered to any person required to answer a question under this rule unless the person answers the question satisfactorily. 5 Except as authorised by this rule, no enquiry is permitted as to the right of any person to vote. Challenge of voter 20 1 A person is not to be prevented from voting by reason only that— a a referendum agent or polling agent— i has reasonable cause to believe that the person has committed an offence of personation, and ii the agent makes a declaration to that effect, or b the person is arrested on the grounds of being suspected of committing or of being about to commit such an offence. 2 Paragraph (1) does not affect the person's liability to any penalty for voting. Voting procedure 21 1 Subject to rule 19(4), a ballot paper must be delivered to a voter who applies for one. 2 Immediately before delivering the ballot paper to the voter— a the number and (unless paragraph (3) applies) name of the voter as stated in the Polling List is to be called out, b the number of the voter is to be marked on the list mentioned in rule 13(3)(e) beside the number of the ballot paper to be delivered to the voter, c a mark is to be placed in the Polling List against the number of the voter to note that a ballot paper has been received but without showing the particular ballot paper which has been received, and d in the case of a person applying for a ballot paper as proxy, a mark is also to be placed against that person's name in the list of proxies. 3 In the case of a voter who has an anonymous entry, the voter's official poll card must be shown to the presiding officer and only the voter's number is to be called out in pursuance of paragraph (2)(a). 4 In the case of a voter in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act, paragraph (2) is modified as follows— a in sub-paragraph (a), for “Polling List” substitute “ copy of the notice issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act ” , b in sub-paragraph (c), for “in the Polling List” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act ” . 5 On receiving the ballot paper, the voter must without delay— a proceed into a compartment in the polling station, b there secretly mark the voter's ballot paper, c show the unique identifying number on the ballot paper to the presiding officer, and d put the ballot paper into the ballot box in the presiding officer's presence. 6 Where— a a voter attends the polling station before 10pm, and b the voter is still waiting to vote at 10pm, the presiding officer must permit the voter to vote without delay after 10pm and must close the poll immediately after the last such voter has voted. 7 The voter must leave the polling station as soon as the voter has put the ballot paper into the ballot box. Votes marked by presiding officer 22 1 On the application of a voter— a who is incapacitated by blindness or other disability from voting in the manner required by rule 21, or b who declares orally an inability to read, the presiding officer must, in the presence of any polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter and the ballot paper to be put into the ballot box. 2 The name and number in the Polling List of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, is to be entered on a list (the “marked votes list”) and in the case of a person voting as proxy for a voter, the number to be entered is the voter's number. 3 In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act, paragraph (2) applies as if for “in the Polling List of every voter” there were substituted “ relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act ” . Voting by persons with disabilities 23 1 If a voter applies to the presiding officer to be allowed to vote with the assistance of another person by whom the voter is accompanied (the “companion”), on the ground of— a blindness or other physical disability, or b inability to read, the presiding officer must require the voter to declare (orally or in writing) whether the voter is so disabled by blindness or other disability, or by inability to read, as to be unable to vote without assistance. 2 The presiding officer must grant the application if the presiding officer— a is satisfied that the voter is so disabled by blindness or other disability, or by inability to read, as to be unable to vote without assistance, and b is also satisfied, by a declaration made by the companion (a “companion declaration”) which complies with paragraph (3), that the companion— i meets the requirements set out in paragraph (3)(c)(i) or (ii), and ii has not previously assisted more than one voter with disabilities to vote at the referendum. 3 A companion declaration must— a be in the form prescribed, b be made before the presiding officer at the time when the voter applies to vote with the assistance of the companion, and c state that the companion— i is a person who is entitled to vote as a voter at the referendum, or ii is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the voter with disabilities, and has attained the age of 16. 4 The presiding officer must sign the companion declaration and keep it. 5 No fee or other payment may be charged in respect of the declaration. 6 A person is a “ voter with disabilities ” for the purposes of paragraph (2)(b)(ii) if the person has made a declaration mentioned in paragraph (1). 7 Where an application is granted under paragraph (2), anything which is required by these rules to be done to or by the voter in connection with the giving of that voter's vote may be done to, or by, or with the assistance of, the companion. 8 The name and number in the Polling List of every voter whose vote is given in accordance with this rule and the name and address of the companion is to be entered on a list (the “assisted voters list”) and, in the case of a person voting as proxy for a voter, the number to be entered is the voter's number. 9 Where the voter being assisted by a companion has an anonymous entry, only the voter's number in the Polling List is to be entered on the assisted voters list. 10 In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act, paragraph (8) applies as if for “in the Polling List of every voter” there were substituted “ relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act ” . Tendered ballot papers 24 1 Paragraph (6) applies if any of situations A to D exist. 2 Situation A exists if a person, claiming to be— a a particular voter named on the Polling List and not named in the postal voters list or the list of proxies, or b a particular person named in the list of proxies as proxy for a voter and not entitled to vote by post as proxy, applies for a ballot paper after another person has voted in person either as the voter or the voter's proxy. 3 Situation B exists if— a a person applies for a ballot paper claiming that the person is a particular voter named on the Polling List, b the person is also named in the postal voters list, and c the person claims that— i no application to vote by post in the referendum was made by that person, or ii the person is not an existing postal voter within the meaning of paragraph 2(2) of schedule 2. 4 Situation C exists if— a a person applies for a ballot paper claiming that the person is a particular person named as a proxy in the list of proxies, b the person is also named in the proxy postal voters list, and c the person claims that— i no application to vote by post as proxy was made by that person, or ii the person is not an existing proxy to whom paragraph 6(4) of schedule 2 applies. 5 Situation D exists if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper— a a person claims that the person is— i a particular voter named on the Polling List who is also named in the postal voters list, or ii a particular person named as proxy in the list of proxies who is also named in the proxy postal voters list, and b the person claims that the person has lost or has not received a postal ballot paper. 6 Where this paragraph applies, the person is entitled, on satisfactorily answering the questions permitted by rule 19 to be asked at the poll, to mark a tendered ballot paper in the same manner as any other voter. 7 A tendered ballot paper must— a be of a prescribed colour differing from that of the ballot paper issued in accordance with rule 8(1) or provided in accordance with rule 13(1), b instead of being put into the ballot box, be given to the presiding officer and endorsed by the presiding officer with the name of the voter and the voter's number in the Polling List, and c be set aside in a separate packet. 8 The name of the voter and the voter's number in the Polling List is to be entered on a list (the “tendered votes list”). 9 In the case of a person voting as proxy for a voter, the number to be endorsed or entered is to be the voter's number. 10 This rule applies to a voter who has an anonymous entry subject to the following modifications— a in paragraphs (7)(b) and (8), the references to the voter's name are to be ignored, and b otherwise, a reference to a person named on the Polling List or other list is to be construed as a reference to a person whose number appears on the Polling List or other list (as the case may be). 11 This rule applies in the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act as if— a in paragraphs (2)(a), (3)(a) or (5)(a)(i), for “named on the Polling List” there were substituted “ in respect of whom a notice under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act has been issued ” , and b in paragraphs (7)(b) and (8), for “the voter's number in the Polling List” there were substituted “ the number relating to that person on a notice issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act ” . Spoilt ballot papers 25 1 A voter who has inadvertently dealt with a ballot paper in such manner that it cannot be conveniently used as a ballot paper may— a by returning it to the presiding officer, and b proving to the presiding officer's satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the returned ballot paper (the “spoilt ballot paper”). 2 The spoilt ballot paper must be immediately cancelled. Correction of errors on polling day 26 1 The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) or 13BB(4) of the 1983 Act which takes effect on the date of the referendum. 2 The list kept under paragraph (1) is referred to as the “ polling day alterations list ”. Adjournment of poll in case of riot 27 1 Where the proceedings at any polling station are interrupted by riot or open violence, the presiding officer must— a adjourn the proceedings until the following day, and b inform the counting officer without delay. 2 If the counting officer is informed under paragraph (1)(b), the counting officer must inform the Chief Counting Officer without delay. 3 Where the poll is adjourned at any polling station— a the hours of polling on the day to which it is adjourned are to be the same as for the original day, and b references in these rules to the close of the poll are to be construed accordingly. Procedure on close of poll 28 1 As soon as reasonably practicable after the close of the poll, the presiding officer must— a in the presence of any polling agents, seal each ballot box in use at the station so as to prevent the introduction of additional ballot papers, b separate and make up into separate sealed packets the papers mentioned in paragraph (2), and c deliver the sealed ballot boxes and packets (or arrange for them to be delivered) to the counting officer to be taken charge of by the counting officer. 2 The papers referred to in paragraph (1) are— a the unused and spoilt ballot papers (as a single packet), b the tendered ballot papers, c the marked copies of the Polling List (including any marked copy notices issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act) and of the list of proxies (as a single packet), d any certificates produced under rule 15(6), e the corresponding number list completed in accordance with rule 21(2)(b) (the “completed corresponding number list”), f the tendered votes list, the assisted voters list, the marked votes list, the polling day alterations list and the companion declarations (as a single packet), g any postal ballot papers or postal voting statements returned to the station. 3 The marked copies of the Polling List and of the list of proxies are to be in one packet but must not be in the same packet as the certificates mentioned in paragraph (2)(d) or the lists mentioned in paragraph (2)(e). 4 The packets must be accompanied by a statement (the “ballot paper account”) made by the presiding officer, showing the number of ballot papers entrusted to the presiding officer and accounting for them under the following heads— a ballot papers issued and not otherwise accounted for, b unused ballot papers, c spoilt ballot papers, and d tendered ballot papers. 5 If the sealed ballot boxes and packets are not delivered to the counting officer by the presiding officer personally, the arrangements for their delivery require the counting officer's approval. 6 In paragraph (1), references to “ sealing ” mean sealing using— a the presiding officer's seal, and b the seals of any polling agents who wish to affix their own seals. Attendance at counting of votes 29 1 The counting officer must make arrangements for counting of the votes as soon as reasonably practicable after the close of the poll. 2 The counting officer must give notice in writing to the Chief Counting Officer, each of the referendum agents appointed for the area and any counting agents appointed to attend at the count of the time and place at which the counting officer will begin to count the votes. 3 The counting officer must take proper precautions for the security of the ballot boxes and packets in the period between taking charge of them and the beginning of the count. 4 No person other than the persons mentioned in paragraph (5) may attend the counting of the votes. 5 Those persons are— a the Member of Parliament for any constituency which contains all or part of the area in which the votes being counted have been cast, b the member of the Scottish Parliament for any constituency which contains all or part of the area in which the votes being counted have been cast, c members of the Scottish Parliament for any region which contains all or part of the area in which the votes being counted have been cast, d members of the council for any local government area which contains all or part of the area in which the votes being counted have been cast, e members of the European Parliament for the electoral region of Scotland, f the Chief Counting Officer and members of the Chief Counting Officer's staff, g a counting officer and members of a counting officer's staff, h constables on duty, i persons entitled to attend by virtue of section 18, j persons entitled to attend by virtue of section 19 or 20, k referendum agents, l counting agents appointed to attend at the count, and m any other person the counting officer permits to attend. 6 The counting officer may exclude persons from the counting of the votes if the counting officer considers that the efficient counting of the votes would be impeded. 7 Paragraph (6) does not permit the counting officer to exclude the persons mentioned in paragraph (5)(f) or (i). 8 The counting officer may limit the number of counting agents who are permitted to be present at the counting of the votes on behalf of a permitted participant, but the same limit is to apply to each permitted participant. 9 The counting officer must give any counting agents such reasonable facilities for overseeing the proceedings and such information with respect to the proceedings as the counting officer can give consistently with the orderly conduct of the proceedings and the carrying out of the counting officer's functions in connection with them. 10 In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted. The count 30 1 The counting officer must— a in the presence of the counting agents, open each ballot box and count and record the number of ballot papers in it, checking the number against the ballot paper account, b verify each ballot paper account in the presence of any referendum agents, and c count such of the postal ballot papers as have been duly returned and record the number counted. 2 For the purposes of paragraph (1)(b), a counting officer must— a verify the ballot paper account by comparing it with the number of ballot papers recorded, the unused and spoilt ballot papers in the counting officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list), and b prepare a statement as to the result of the verification (the “verification statement”). 3 Any counting agent present at the verification may copy the verification statement. 4 For the purposes of paragraph (1)(c), a postal ballot paper is not to be considered as having been duly returned unless it— a is returned— i by hand to a polling station in the same local government area, or ii by hand or post to the counting officer, before the close of the poll, and b is accompanied by a postal voting statement which— i is duly signed (unless the requirement for signature has been dispensed with in accordance with paragraph 7(6) of schedule 2), and ii states the date of birth of the voter or the voter's proxy. 5 The counting officer must not count the votes given on any ballot papers until— a in the case of postal ballot papers, they have been mixed with ballot papers from at least one ballot box, and b in the case of ballot papers from a ballot box, they have been mixed with ballot papers from at least one other ballot box. 6 The counting officer must not count any tendered ballot paper. 7 The counting officer must not count any postal ballot paper if, having taken steps to verify the signature and date of birth of the voter or the voter's proxy, the counting officer is not satisfied that the postal voting statement has been properly completed. 8 The counting officer, while counting and recording the number of ballot papers and counting the votes, must take all proper precautions for preventing any person from identifying the voter who cast the vote. 9 The counting officer must, so far as reasonably practicable, proceed continuously with counting the votes, allowing only time for refreshment, but the counting officer may suspend counting between 7pm on any day following the date of the referendum and 9am on the following morning. 10 During any period when counting is suspended, the counting officer must take proper precautions for the security of the papers. Rejected ballot papers 31 1 Any ballot paper to which paragraph (2) applies is void and is not to be counted, subject to paragraph (3). 2 This paragraph applies to a ballot paper— a which does not bear the official mark, b which indicates a vote in favour of both answers to the referendum question, c on which anything is written or marked by which the voter can be identified (other than by the unique identifying number), or d which is unmarked or void for uncertainty. 3 A ballot paper on which the vote is marked— a elsewhere than in the proper place, b otherwise than by means of a cross, or c by more than one mark, is not for such reason to be considered to be void by reason only of indicating a vote by means of figures or words (or any other mark) instead of a cross if, in the counting officer's opinion, the mark clearly indicates the voter's intention. 4 Paragraph (3) does not apply if— a the way in which the ballot paper is marked identifies the voter, or b it can be shown that the voter can be identified from it. 5 The counting officer must— a endorse the word “rejected” on any ballot paper which falls not to be counted under this rule, and b if any counting agent objects to the counting officer's decision, add to the endorsement the words “rejection objected to”. 6 The counting officer must prepare a statement showing the number of ballot papers rejected under each of sub-paragraphs (a) to (d) of paragraph (2). Counting the votes 32 The counting officer must count the votes in favour of each answer to the referendum question. Decisions on ballot papers 33 The decision of the counting officer on any question arising in respect of a ballot paper is final, subject to any judicial review in accordance with section 34. Re-counts 34 1 The counting officer may have the votes re-counted (or again re-counted) if the counting officer considers it appropriate to do so. 2 The Chief Counting Officer may require the counting officer to have the votes re-counted (or again re-counted). Declaration of result 35 1 After making the certification under section 7(2)(b) (results for the counting officer's area), the counting officer must, without delay, give to the Chief Counting Officer— a notice of the matters certified, b details of the information contained in the verification statements prepared under rule 30, and c notice of the number of rejected ballot papers under each head shown in the statement of rejected ballot papers prepared under rule 31. 2 When authorised to do so by the Chief Counting Officer, the counting officer must— a make a declaration of the matters certified under section 7(2)(b), and b as soon as practicable, give public notice of those matters together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers. 3 After making the certification under section 7(4) (results for the whole of Scotland), the Chief Counting Officer must— a make a declaration of the matters certified, and b as soon as practicable, give public notice of those matters together with the total number of rejected ballot papers for the whole of Scotland under each head shown in the statements of rejected ballot papers. Sealing up of ballot papers 36 1 On the completion of the counting, the counting officer must seal up in separate packets— a the counted ballot papers, and b the rejected ballot papers. 2 The counting officer must not open the sealed packets of— a tendered ballot papers, b the completed corresponding number lists, c the certificates mentioned in rule 15(6), or d marked copies of the Polling List (including any marked copy notices issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act) and lists of proxies. Delivery of papers 37 1 After sealing the papers in accordance with rule 36, the counting officer must send the papers mentioned in paragraph (2) to the proper officer of the council for the local government area in which the votes being counted have been cast, endorsing on each packet a description of its contents and the date of the referendum. 2 Those papers are— a the packets of ballot papers in the counting officer's possession, b the ballot paper accounts, the statements of rejected ballot papers and the verification statements, c the tendered votes list, the assisted voters list, the marked votes list, the polling day alterations lists and the companion declarations, d the packets of the completed corresponding numbers lists, e the packets of the certificates mentioned in rule 15(6), and f the packets containing marked copies of the Polling List (including any marked copy notices issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act) and of the postal voters list, of lists of proxies and of the proxy postal voters list. Retention and public inspection of papers 38 1 The proper officer of the council must retain for one year all papers received by virtue of rule 37. 2 Those papers, except ballot papers, completed corresponding number lists and the certificates mentioned in rule 15(6), are to be made available for public inspection at such times and in such manner as the proper officer may determine. 3 A person inspecting marked copies of the Polling List may not— a make copies of any part of them, or b record any particulars included in them, otherwise than by means of hand-written notes. 4 A person who makes a copy of marked copies of the Polling List, or records any particulars included in them, otherwise than by means of hand-written notes commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 5 After the expiry of one year, the proper officer must ensure that the papers are securely destroyed, unless otherwise directed by an order of the Court of Session or a sheriff principal. Retention and public inspection of certifications 39 1 The Chief Counting Officer must retain for one year— a certifications made by counting officers under section 7(2)(b), and b certifications made by the Chief Counting Officer under section 7(4). 2 Those certifications are to be made available for public inspection at such times and in such manner as the Chief Counting Officer may determine. Orders for production of documents 40 1 The Court of Session or a sheriff principal may make an order mentioned in paragraph (2) if the Court or the sheriff principal is satisfied by evidence on oath that the order is required for the purpose of— a instituting or maintaining a prosecution for an offence in relation to ballot papers, or b proceedings brought as mentioned in section 34. 2 An order referred to in paragraph (1) is an order for— a the inspection or production of any rejected ballot papers in the custody of a proper officer, b the opening of a sealed packet of the completed corresponding number lists or of the certificates mentioned in rule 15(6), or c the inspection of any counted ballot papers in the proper officer's custody. 3 An order under this rule may be made subject to such conditions as to— a persons, b time, c place and mode of inspection, and d production or opening, as the Court or the sheriff principal considers expedient. 4 In making and carrying out an order mentioned in paragraph (2)(b) or (c), care must be taken to ensure that the way in which the vote of any particular voter has been given will not be disclosed until it is proved— a that such vote was given, and b that such vote has been declared by a competent court to be invalid. 5 Any power given to the Court of Session or a sheriff principal under this rule may be exercised by any judge of the Court, or by the sheriff principal, otherwise than in open court. 6 An appeal lies to the Court of Session from any order of a sheriff principal under this rule. 7 Where an order is made for the production by a proper officer of any document in that officer's custody relating to the referendum— a the production by such officer or the officer's agent of the document ordered in such manner as may be directed by that order is conclusive evidence that the document relates to the referendum, and b any endorsement on any packet of ballot papers so produced is prima facie evidence that the ballot papers are what they are stated to be by the endorsement. 8 The production from the proper officer's custody of— a a ballot paper purporting to have been used at the referendum, and b a completed corresponding number list with a number marked in writing beside the number of the ballot paper, is prima facie evidence that the voter whose vote was given by that ballot paper was the person whose entry in the Polling List (or on a notice issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act) at the time of the referendum contained the same number as the number marked as mentioned in sub-paragraph (b). 9 Except as provided by this rule, no person is to be allowed to— a inspect any rejected or counted ballot papers in the custody of the proper officer, or b open any sealed packet of the completed corresponding number list or of the certificates mentioned in rule 15(6). Power of Chief Counting Officer to prescribe 41 1 In this schedule, “ prescribed ” means prescribed by the Chief Counting Officer. 2 Where a form is prescribed under paragraph (1), the form may be used with such variations as the circumstances may require. SCHEDULE 4 Campaign rules (introduced by section 11) PART 1 Interpretation Interpretation of schedule 1 1 In this schedule— “ bequest ” includes any form of testamentary disposition, “body”, without more, includes a body corporate or any combination of persons or other unincorporated associations, “ broadcaster ” means— the holder of a licence under the Broadcasting Act 1990 or 1996, or the British Broadcasting Corporation, “ exempt trust donation ” has the meaning given by section 162 of the 2000 Act, “ market value ”, in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market, “ property ” includes any description of property, and references to the provision of property accordingly include the supply of goods, “ qualified auditor ” has the meaning given by section 160 of the 2000 Act. 2 For the purposes of this schedule, each of the following is a “permissible donor”— a an individual registered in an electoral register, b a company— i registered under the Companies Act 2006, ii incorporated within the United Kingdom or another member State, and iii carrying on business in the United Kingdom, c a registered party, d a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992 (SI 1992/807), e a building society (within the meaning of the Building Societies Act 1986), f a limited liability partnership— i registered under the Limited Liability Partnerships Act 2000, and ii carrying on business in the United Kingdom, g a friendly society registered under the Friendly Societies Act 1974 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969, and h any unincorporated association of two or more persons which— i does not fall within any of the preceding paragraphs, ii carries on business or other activities wholly or mainly in the United Kingdom, and iii has its main office in the United Kingdom. 3 In this schedule, “ electoral register ” means any of the following— a a register of parliamentary or local government electors for any area (whether or not in Scotland) maintained under section 9 of the 1983 Act, b a register of relevant citizens of the European Union prepared under the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (SI 2001/1184), c a register of peers prepared under regulations under section 3 of the Representation of the People Act 1985. 4 References in this schedule (in whatever terms) to payments out of public funds are references to any of the following— a payments out of— i the Consolidated Fund of the United Kingdom, the Scottish Consolidated Fund, the Consolidated Fund of Northern Ireland or the Welsh Consolidated Fund, or ii money provided by Parliament or appropriated by Act of the Northern Ireland Assembly, b payments by— i a Minister of the Crown, the Scottish Ministers, a Minister within the meaning of the Northern Ireland Act 1998 or the Welsh Ministers (including the First Minister for Wales or the Counsel General to the Welsh Assembly Government), or ii a government department (including a Northern Ireland department) or a part of the Scottish Administration, c payments by the SPCB, the Northern Ireland Assembly Commission or the National Assembly for Wales Commission, and d payments by the Electoral Commission. 5 References in this schedule (in whatever terms) to expenses met, or things provided, out of public funds are references to expenses met, or things provided, by means of payments out of public funds. PART 2 Permitted participants and designated organisations Permitted participants 2 1 For the purposes of this schedule, a registered party, a qualifying individual or a qualifying body may make a declaration to the Electoral Commission in accordance with this paragraph and paragraph 3 identifying the outcome for which the party, individual or body proposes to campaign at the referendum. 2 A party, individual or body which has made a declaration in accordance with this paragraph and paragraph 3 is referred to in this Act as a “permitted participant”. 3 A “qualifying individual” is an individual who is— a resident in the United Kingdom, or b registered in— i an electoral register, or ii the register of young voters. 4 A “qualifying body” is a body which is— a a company— i registered under the Companies Act 2006, ii incorporated within the United Kingdom or another member State, and iii carrying on business in the United Kingdom, b a trade union entered in the list kept under the Trade Union and Labour Relations (Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order 1992 (SI 1992/807), c a building society within the meaning of the Building Societies Act 1986, d a limited liability partnership— i registered under the Limited Liability Partnerships Act 2000, and ii carrying on business in the United Kingdom, e a friendly society registered under the Friendly Societies Act 1974 or a society registered (or deemed to be registered) under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969, or f an unincorporated association of two or more persons which— i does not fall within any of the preceding paragraphs, ii carries on business or other activities wholly or mainly in the United Kingdom, and iii has its main office in the United Kingdom. Further provision about declarations under paragraph 2 3 1 A declaration under paragraph 2 by a registered party— a must be signed by the responsible officers of the party (within the meaning of section 64(7) of the 2000 Act), and b if made by a minor party, must be accompanied by a notification which states the name of the person who will be responsible for compliance on the part of the party with the provisions of this schedule. 2 A declaration under paragraph 2 by a qualifying individual must— a state the individual's full name and home address, and b be signed by the individual. 3 A declaration under paragraph 2 by a qualifying body must— a state— i all such details in respect of the body as are required by virtue of any of sub-paragraphs (4) and (6) to (10) of paragraph 2 of Schedule 6 to the 2000 Act to be given in respect of such a body as the donor of a recordable donation, and ii the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of this schedule, and b be signed by the body's secretary or a person who acts in a similar capacity in relation to the body. 4 If, at any time before the end of the compliance period, any statement which is contained in a notification under sub-paragraph (1)(b) or, in accordance with any provision of sub-paragraph (2) or (3), is contained in a declaration under paragraph 2, ceases to be accurate, the permitted participant by whom the notification was given or declaration was made must give the Electoral Commission a notification (“a notification of alteration”) replacing the statement with another statement— a contained in the notification of alteration, and b conforming with sub-paragraph (1)(b), (2) or (as the case may be) (3). 5 For the purposes of sub-paragraph (4), “the compliance period” is the period during which any provision of this schedule remains to be complied with on the part of the permitted participant. Further provision about responsible persons 4 1 A person who is the responsible person in relation to a permitted participant may not make a declaration under paragraph 2 as a qualifying individual or on behalf of a qualifying body. 2 An individual who is a permitted participant ceases to be a permitted participant if the individual is the treasurer of a registered party (other than a minor party) that becomes a permitted participant. 3 A declaration made or notification given by a minor party or a qualifying body does not comply with the requirement in paragraph 3(1)(b) or (3)(a)(ii) if the person whose name is stated— a is already the responsible person in relation to a permitted participant, b is an individual who makes a declaration under paragraph 2 at the same time, or c is the person whose name is stated, in purported compliance with paragraph 3(1)(b) or (3)(a)(ii), in a declaration made or notification given at the same time by another minor party or qualifying body. 4 Where a registered party (other than a minor party) makes a declaration under paragraph 2 and the treasurer of the party (“T”) is already the responsible person in relation to a permitted participant (“P”)— a T ceases to be the responsible person in relation to P at the end of the period of 14 days beginning with the day on which (by reason of the declaration) T becomes the responsible person for the party, b P must, before the end of that period, give a notice of alteration under paragraph 3(4) stating the name of the person who is to replace T as the responsible person in relation to P. 5 In sub-paragraphs (3) and (4), “ the person ”, in relation to a qualifying body, is to be read as “the person or officer”. Register of declarations under paragraph 2 5 1 The Electoral Commission must maintain a register of all declarations made to them under paragraph 2. 2 The register is to be maintained by the Commission in such form as the Commission may determine. 3 The register must contain, in relation to each declaration, all of the information supplied to the Commission in connection with the declaration in accordance with paragraph 3. 4 Where a declaration is made to the Commission under paragraph 2, the Commission must cause the information mentioned in sub-paragraph (3) to be entered in the register as soon as is reasonably practicable. 5 Where a notification of alteration is given to the Commission under paragraph 3(4) the Commission must cause any change required as a consequence of the notification to be made in the register as soon as is reasonably practicable. 6 The information to be entered in the register in respect of a permitted participant who is an individual must not include the individual's home address. Designated organisations 6 1 The Electoral Commission may, in relation to each of the two possible outcomes in the referendum, designate under this paragraph one permitted participant as representing those campaigning for the outcome in question. 2 The Commission may make a designation under this paragraph only on an application made under paragraph 7. 3 The Commission may designate a permitted participant under this paragraph in relation to one of the possible outcomes whether or not a permitted participant is designated in relation to the other possible outcome. 4 A permitted participant designated under this paragraph is referred to in this Act as a “designated organisation”. Applications for designation under paragraph 6 7 1 A permitted participant seeking to be designated under paragraph 6 must make an application for that purpose to the Electoral Commission. 2 An application for designation must— a be accompanied by information or statements designed to show that the applicant adequately represents those campaigning for the outcome in the referendum in relation to which the applicant seeks to be designated, and b be made within the application period. 3 Where an application for designation has been made to the Commission in accordance with this paragraph, the application must be determined by the Commission within the decision period. 4 If there is only one application in relation to a particular outcome in the referendum, the Commission must designate the applicant unless they are not satisfied that the applicant adequately represents those campaigning for that outcome. 5 If there is more than one application in relation to a particular outcome in the referendum, the Commission must designate whichever of the applicants appears to them to represent to the greatest extent those campaigning for that outcome unless they are not satisfied that any of the applicants adequately represents those campaigning for that outcome. 6 In this paragraph— “the application period” is the period of 28 days ending with the day before the first day of the decision period, and “the decision period” is the period of 16 days ending with the 28th day before the first day of the referendum period. Designated organisation's right to use rooms for holding public meetings 8 1 Subject to the provisions of this paragraph, persons authorised by a designated organisation are entitled, for the purpose of holding public meetings in furtherance of the organisation's referendum campaign, to the use free of charge, at reasonable times during the relevant period, of— a a suitable room in the premises of a school to which this paragraph applies in accordance with sub-paragraph (2), and b any meeting room to which this paragraph applies in accordance with sub-paragraph (3). For this purpose, “ the relevant period ” means the period of 28 days ending with the day before the date of the referendum. 2 This paragraph applies to any school maintained by an education authority. 3 This paragraph applies to meeting rooms situated in Scotland the expense of maintaining which is payable wholly or mainly by— a the Scottish Ministers or any other part of the Scottish Administration, or b any Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998). 4 Where a room is used for a meeting in pursuance of the rights conferred by this paragraph, the person by whom or on whose behalf the meeting is convened— a must pay any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting, and b must pay for any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises. 5 A person is not entitled to exercise the rights conferred by this paragraph except on reasonable notice; and this paragraph does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose. 6 For the purposes of this paragraph (except those of paragraph (b) of sub-paragraph (4)), the premises of a school are not to be taken to include any private dwelling. 7 In this paragraph— “ dwelling ” includes any part of a building where that part is occupied separately as a dwelling, “ meeting room ” means any room which it is the practice to let for public meetings, and “ room ” includes a hall, gallery or gymnasium. Supplementary provisions about use of rooms for public meetings 9 1 This paragraph has effect with respect to the rights conferred by paragraph 8 and the arrangements to be made for their exercise. 2 Any arrangement for the use of a room in school premises is to be made with the education authority maintaining the school. 3 Any question as to the rooms in school premises which a person authorised by a designated organisation is entitled to use, or as to the times at which the person is entitled to use them, or as to the notice which is reasonable, is to be determined by the Scottish Ministers. 4 Any person authorised by a designated organisation is entitled at all reasonable hours to inspect— a any lists prepared in pursuance of paragraph 6 of Schedule 5 to the 1983 Act (use of rooms for parliamentary election meetings), or b a copy of any such lists, in connection with exercising the rights conferred by paragraph 8. PART 3 Referendum expenses Referendum expenses 10 1 The following provisions have effect for the purposes of this schedule. 2 “ Referendum expenses ” means expenses incurred by or on behalf of any individual or body which are— a expenses falling within paragraph 11, and b incurred for referendum purposes. 3 Expenses are incurred for referendum purposes if they are incurred— a in connection with the conduct or management of a referendum campaign, or b otherwise in connection with promoting or procuring any particular outcome in the referendum. Expenses qualifying where incurred for referendum purposes 11 1 For the purposes of paragraph 10(2)(a) the expenses falling within this paragraph are expenses incurred in respect of any of the matters set out in the following list–– 1 Referendum campaign broadcasts. (Expenses in respect of such broadcasts include agency fees, design costs and other costs in connection with preparing and producing such broadcasts.) 2 Advertising of any nature (whatever the medium used.) (Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.) 3 Unsolicited material addressed to voters (whether addressed to them by name or intended for delivery to households within any particular area or areas). (Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing or otherwise disseminating such material (including the cost of postage).) 4 Any material to which paragraph 26 applies. (Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing or otherwise disseminating such material.) 5 Market research or canvassing conducted for the purpose of ascertaining voting intentions. 6 The provision of any services or facilities in connection with press conferences or other dealings with the media. 7 Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with a referendum campaign. (Expenses in respect of such transport include the costs of hiring a particular means of transport for the whole or part of the period during which the campaign is being conducted.) 8 Rallies and other events, including public meetings (but not annual or other party conferences) organised so as to obtain publicity in connection with a referendum campaign or for other purposes connected with a referendum campaign. (Expenses in respect of such events include costs incurred in connection with the attendance of persons at such events, the hire of premises for the purposes of such events or the provision of goods, services or facilities at them.) 2 Nothing in sub-paragraph (1) is to be taken as extending to— a any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds, b any expenses incurred in respect of the remuneration or allowances payable to any member of the staff (whether permanent or otherwise) of the campaign organiser, c any expenses incurred in respect of an individual (“A”) by way of travelling expenses (by any means of transport) or in providing for A's accommodation or other personal needs to the extent that the expenses are paid by A from A's own resources and are not reimbursed to A, or d any expenses incurred in respect of the publication of any matter relating to the referendum (other than an advertisement) in— i a newspaper or periodical, ii a broadcast made by the British Broadcasting Corporation, or iii a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996. 3 The Electoral Commission may issue, and from time to time revise, a code of practice giving guidance as to the kinds of expenses which do, or do not, fall within this paragraph. 4 As soon as practicable after issuing or revising a code of practice under sub-paragraph (3), the Commission must send a copy to the Scottish Ministers. 5 The Scottish Ministers must lay before the Scottish Parliament a copy of the code or (as the case may be) the revised code. Notional referendum expenses 12 1 This paragraph applies where, in the case of any individual or body— a either— i property is transferred to the individual or body free of charge or at a discount of more than 10 per cent of its market value, or ii property, services or facilities is or are provided for the use or benefit of the individual or body free of charge or at a discount of more than 10 per cent of the commercial rate for the use of the property or for the provision of the services or facilities, and b the property, services or facilities is or are made use of by or on behalf of the individual or body in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the individual or body in respect of that use, they would be (or are) referendum expenses incurred by or on behalf of the individual or body. 2 Where this paragraph applies, an amount of referendum expenses determined in accordance with this paragraph (“ the appropriate amount ”) is to be treated, for the purposes of this schedule, as incurred by the individual or body during the period for which the property, services or facilities is or are made use of as mentioned in sub-paragraph (1)(b). 3 Sub-paragraph (2) is subject to sub-paragraph (13). 4 Where sub-paragraph (1)(a)(i) applies, the appropriate amount is such proportion as is reasonably attributable to the use made of the property as mentioned in sub-paragraph (1)(b) of either— a the market value of the property (where the property is transferred free of charge), or b the difference between the market value of the property and the amount of expenses actually incurred by or on behalf of the individual or body in respect of the property (where the property is transferred at a discount). 5 Where sub-paragraph (1)(a)(ii) applies the appropriate amount is such proportion as is reasonably attributable to the use made of the property, services or facilities as mentioned in sub-paragraph (1)(b) of either— a the commercial rate for the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided free of charge), or b the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the individual or body in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount). 6 Sub-paragraph (7) applies where the services of an employee are made available by the employee's employer for the use or benefit of an individual or body. 7 For the purposes of this paragraph, the amount which is to be taken as constituting the commercial rate for the provision of those services is the amount of the remuneration or allowances payable to the employee by the employer in respect of the period for which the employee's services are made available (but do not include any amount in respect of contributions or other payments for which the employer is liable in respect of the employee). 8 Where an amount of referendum expenses is treated, by virtue of sub-paragraph (2), as incurred by or on behalf of an individual or body during any period the whole or part of which falls within the referendum period then— a the amount mentioned in sub-paragraph (10) is to be treated as incurred by or on behalf of the individual or body during the referendum period, and b if a return falls to be prepared under paragraph 21 in respect of referendum expenses incurred by or on behalf of the individual or body during that period, the responsible person must make a declaration of that amount. 9 Sub-paragraph (8) does not apply if the amount referred to in sub-paragraph (8)(a) does not exceed £200. 10 The amount referred to in sub-paragraph (8)(a) is such proportion of the appropriate amount (determined in accordance with sub-paragraph (4) or (5)) as reasonably represents the use made of the property, services or facilities as mentioned in sub-paragraph (1)(b) during the referendum period. 11 A person commits an offence if the person knowingly or recklessly makes a false declaration under sub-paragraph (8)(b). 12 A person who commits an offence under sub-paragraph (11) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 13 No amount of referendum expenses is to be regarded as incurred by virtue of sub-paragraph (2) in respect of— a the transmission by a broadcaster of a referendum campaign broadcast, b the provision of any rights conferred on a designated organisation (or persons authorised by such an organisation) by virtue of— i paragraph 8 or 9, or ii paragraph 1 of Schedule 12 (right to send referendum address post free) to the 2000 Act (as applied by article 4 of the Scotland Act 1998 (Modification of Schedule 5) Order 2013 (SI 2013/242)), or c the provision by any individual of the individual's own services which are provided voluntarily in the individual's own time and free of charge. 14 Paragraph 30(5) and (6)(a) applies with any necessary modifications for the purpose of determining, for the purposes of sub-paragraph (1), whether property is transferred to an individual or body. Restriction on incurring referendum expenses 13 1 No amount of referendum expenses is to be incurred by or on behalf of a permitted participant except with the authority of— a the responsible person, or b a person authorised in writing by the responsible person. 2 A person commits an offence if, without reasonable excuse, the person incurs any expenses in contravention of sub-paragraph (1). 3 A person who commits an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 4 Where, in the case of a permitted participant that is a registered party, any expenses are incurred in contravention of sub-paragraph (1), the expenses do not count for the purposes of paragraphs 18 to 24 as referendum expenses incurred by or on behalf of the permitted participant. Restriction on payments in respect of referendum expenses 14 1 No payment (of whatever nature) may be made in respect of any referendum expenses incurred or to be incurred by or on behalf of a permitted participant except by— a the responsible person, or b a person authorised in writing by the responsible person. 2 A payment made in respect of any such expenses by a person within paragraph (a) or (b) of sub-paragraph (1) must be supported by an invoice or a receipt unless the amount of the payment does not exceed £200. 3 Where a person within paragraph (b) of sub-paragraph (1) makes a payment to which sub-paragraph (2) applies, the person must, as soon as possible after making the payment, deliver to the responsible person— a notification that the payment has been made, and b the supporting invoice or receipt. 4 A person commits an offence if, without reasonable excuse, the person— a makes a payment in contravention of sub-paragraph (1), or b contravenes sub-paragraph (3). 5 A person who commits an offence under sub-paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Restriction on making claims in respect of referendum expenses 15 1 A claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant during the referendum period is not payable unless the claim is sent within the period of 30 days after the end of the referendum period to— a the responsible person, or b any other person authorised under paragraph 13 to incur the expenses. 2 A claim sent in accordance with sub-paragraph (1) must be paid within the period of 60 days after the end of the referendum period. 3 A person commits an offence if, without reasonable excuse, the person— a pays a claim which by virtue of sub-paragraph (1) is not payable, or b makes a payment in respect of a claim after the end of the period allowed under sub-paragraph (2). 4 A person who commits an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 5 In the case of a claim to which sub-paragraph (1) applies— a the person making the claim, or b the person with whose authority the expenses in question were incurred, may apply to the Electoral Commission for leave for the claim to be paid although sent in after the end of the period mentioned in that sub-paragraph; and the Commission, if satisfied that it is appropriate to do so, may grant the leave. 6 Nothing in sub-paragraph (1) or (2) applies in relation to any sum paid in pursuance of the leave granted by the Commission. 7 Sub-paragraph (2) is without prejudice to any rights of a creditor of a permitted participant to obtain payment before the end of the period allowed under that sub-paragraph. 8 Subsections (9) and (10) of section 77 of the 2000 Act apply for the purposes of this paragraph as if— a any reference to subsection (1) or (2) of that section were a reference to sub-paragraph (1) or (2) above, b any reference to campaign expenditure were a reference to referendum expenses, and c any reference to the treasurer or deputy treasurer of the registered party were a reference to the responsible person in relation to the permitted participant. Disputed claims 16 1 This paragraph applies where— a a claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant as mentioned in paragraph 15(1) is sent to— i the responsible person, or ii any other person with whose authority it is alleged that the expenses were incurred, within the period allowed under that provision, and b the responsible person or other person to whom the claim is sent fails or refuses to pay the claim within the period allowed under paragraph 15(2). 2 A claim to which this paragraph applies is referred to in this paragraph as “ the disputed claim ”. 3 The person by whom the disputed claim is made may bring an action for the disputed claim, and nothing in paragraph 15(2) applies in relation to any sum paid in pursuance of any judgment or order made by a court in the proceedings. 4 For the purposes of this paragraph sub-paragraphs (5) and (6) of paragraph 15 apply in relation to an application made by the person mentioned in sub-paragraph (1)(b) above for leave to pay the disputed claim as they apply in relation to an application for leave to pay a claim (whether it is disputed or otherwise) which is sent in after the period allowed under paragraph 15(1). Rights of creditors 17 Nothing in this schedule which prohibits— a payments and contracts for payments, b the payment or incurring of referendum expenses in excess of the maximum amount allowed by this schedule, or c the incurring of expenses not authorised as mentioned in paragraph 13, affects the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of this schedule. General restriction on referendum expenses 18 1 This paragraph applies in relation to an individual or body that is not a permitted participant. 2 The total referendum expenses incurred by or on behalf of an individual or a body to which this paragraph applies during the referendum period must not exceed £10,000. 3 Where, during the referendum period, any referendum expenses are incurred by or on behalf of an individual to which this paragraph applies in excess of the limit imposed by sub-paragraph (2), the individual commits an offence if the individual knew, or ought reasonably to have known, that the expenses were being incurred in excess of that limit. 4 An individual who commits an offence under sub-paragraph (3) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 5 Where, during the referendum period, any referendum expenses are incurred by or on behalf of a body to which this paragraph applies in excess of the limit imposed by sub-paragraph (2), then— a the body commits an offence, and b any person who authorised the expenses to be incurred by or on behalf of the body also commits an offence if the person knew, or ought reasonably to have known, that the expenses would be incurred in excess of that limit. 6 A body or person who commits an offence under sub-paragraph (5) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 7 It is a defence for an individual, body or other person charged with an offence under sub-paragraph (3) or (5) to show— a that any code of practice for the time being issued under paragraph 11(3) was complied with in determining whether to incur any expenses, and b that the limit would not have been exceeded on the basis of compliance with the code of practice as it had effect at that time. 8 Sub-paragraph (9) applies where— a before the beginning of the referendum period, any expenses are incurred by or on behalf of an individual or body to which this paragraph applies in respect of any property, services or facilities, and b the property, services or facilities is or are made use of by or on behalf of the individual or body during the referendum period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of paragraph 10(2) have constituted referendum expenses incurred by or on behalf of the individual or body during that period. 9 The appropriate proportion of the expenses mentioned in sub-paragraph (8)(a) is to be treated for the purposes of this paragraph as referendum expenses incurred by or on behalf of the individual or body during that period. 10 For the purposes of sub-paragraph (9) the appropriate proportion of the expenses mentioned in paragraph (a) of sub-paragraph (8) is such proportion of those expenses as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (b) of that sub-paragraph. Special restrictions on referendum expenses by permitted participants 19 1 The total referendum expenses incurred by or on behalf of a permitted participant during the referendum period must not exceed— a if the permitted participant is a designated organisation, £1,500,000, b if the permitted participant is not a designated organisation but is a registered party and has a relevant percentage, whichever is the greater of— i the sum calculated by multiplying the sum of £3,000,000 by the party's relevant percentage, or ii £150,000, or c if the permitted participant is not a designated organisation nor such a registered party, £150,000. 2 For the purposes of sub-paragraph (1)(b)— a a registered party has a relevant percentage if, at the general election for membership of the Scottish Parliament held in 2011 (“the 2011 election”), constituency votes were cast for one or more candidates at the election authorised to use the party's registered name and regional votes were cast for the party, and b a registered party's relevant percentage is equal to the sum of— i the total number of constituency votes cast at the 2011 election for the candidate or candidates mentioned in paragraph (a) expressed as a percentage of the total number of constituency votes cast at that election for all candidates, multiplied by 56.6% and rounded to one decimal place, and ii the total number of regional votes cast at the 2011 election for the party expressed as a percentage of the total number of regional votes cast at that election for all registered parties and individual candidates, multiplied by 43.4% and rounded to one decimal place. 3 Sub-paragraph (4) applies in the case where, at the 2011 election, a candidate stood for return as a constituency member in the name of more than one registered party. 4 For the purposes of sub-paragraph (2)(b)(i), the number of constituency votes cast for the candidate is to be divided equally among each of the registered parties in whose name the candidate stood. 5 In sub-paragraphs (2) to (4)— “ constituency member ” has the meaning given in section 126(1) of the Scotland Act 1998, “ constituency vote ” means a vote cast for a candidate standing for return as a constituency member, “ regional vote ” has the meaning given in section 6(2) of the Scotland Act 1998. 6 Where any referendum expenses are incurred by or on behalf of a permitted participant during the referendum period in excess of the limit imposed by sub-paragraph (1), then— a if the permitted participant is a registered party— i the party commits an offence, and ii the responsible person or any deputy treasurer of the party also commits an offence if the person or deputy treasurer authorised the expenses to be incurred by or on behalf of the party and knew or ought reasonably to have known that the expenses would be incurred in excess of that limit, b if the permitted participant is an individual, that individual commits an offence if the individual knew or ought reasonably to have known that the expenses would be incurred in excess of that limit, c if the permitted participant is a body other than a registered party— i the body commits an offence, and ii the responsible person commits an offence if the person authorised the expenses to be incurred by or on behalf of the body and knew or ought reasonably to have known that the expenses would be incurred in excess of that limit. 7 A person who commits an offence under sub-paragraph (6) is liable— a on summary conviction, to a fine not exceeding the statutory maximum, b on conviction on indictment, to a fine. 8 It is a defence for a permitted participant or other person charged with an offence under sub-paragraph (6) to show— a that any code of practice for the time being issued under paragraph 11(3) was complied with in determining the items and amounts of referendum expenses to be entered in the relevant return under paragraph 21, and b that the limit would not have been exceeded on the basis of the items and amounts entered in that return. 9 Sub-paragraphs (8) to (10) of paragraph 18 apply for the purposes of this paragraph and paragraphs 21 to 24 as they apply for the purposes of paragraph 18, but as if references in them to an individual or body to which that paragraph applies were references to a permitted participant. 10 For the purposes of this paragraph and paragraphs 21 to 24 any reference to referendum expenses incurred by or on behalf of a permitted participant during the referendum period includes any referendum expenses so incurred at any time before the individual or body became a permitted participant. Referendum expenses incurred as part of common plan 20 1 This paragraph applies where— a referendum expenses are incurred by or on behalf of an individual or body during the referendum period, b the expenses are incurred as part of a common plan or other arrangement with one or more other individuals or bodies, c the common plan or arrangement is one whereby referendum expenses are to be incurred by or on behalf of both or all of the individuals or bodies involved in the common plan or arrangement with a view to, or otherwise in connection with, promoting or procuring one particular outcome in the referendum, and d there is a designated organisation in respect of each of the possible outcomes in the referendum. 2 Subject to sub-paragraph (4), the expenses referred to in sub-paragraph (1)(a) are to be treated for the purposes of paragraphs 18 and 19 as having also been incurred by each of the other individuals or bodies involved in the common plan or arrangement. 3 This paragraph applies whether or not any of the individuals or bodies involved in the common plan or arrangement is a permitted participant. 4 Where a designated organisation is involved in the common plan or arrangement, the expenses referred to in sub-paragraph (1)(a)— a so far as— i incurred by or on behalf of an individual or body that is not a permitted participant, and ii the total amount of such expenses incurred by or on behalf of that individual or body does not exceed £10,000, are to be treated for the purposes of paragraphs 18 and 19 as having been incurred only by the designated organisation, b so far as incurred by or on behalf of a permitted participant other than the designated organisation are to be treated for the purposes of paragraphs 18 and 19 as having been incurred only by the designated organisation, and c so far as incurred by or on behalf of the designated organisation, are not to be treated for any purposes as having been incurred also by or on behalf of any other individual or body. Returns as to referendum expenses 21 1 The responsible person in relation to a permitted participant must make a return under this paragraph in respect of any referendum expenses incurred by or on behalf of the permitted participant during the referendum period. 2 A return under this paragraph must contain— a a statement of all payments made in respect of referendum expenses incurred by or on behalf of the permitted participant during the referendum period, b a statement of all disputed claims (within the meaning of paragraph 16), c a statement of all the unpaid claims (if any) of which the responsible person is aware in respect of which an application has been made, or is about to be made, to the Electoral Commission under paragraph 15(5), and d in a case where the permitted participant either is not a registered party or is a minor party— i the statement required by paragraph 39, and ii a statement of regulated transactions entered into in respect of the referendum which complies with the requirements of paragraphs 55 to 59. 3 A return under this paragraph must be accompanied by— a all invoices or receipts relating to the payments mentioned in sub-paragraph (2)(a), and b in the case of any referendum expenses treated as incurred by virtue of paragraph 12, any declaration falling to be made with respect to those expenses in accordance with paragraph 12(8). 4 Sub-paragraphs (2) and (3) do not apply to any referendum expenses incurred at any time before the individual or body became a permitted participant, but the return must be accompanied by a declaration made by the responsible person of the total amount of such expenses incurred at any such time. 5 Sub-paragraph (6) applies where the responsible person in relation to a permitted participant makes a declaration that, to the best of the person's knowledge and belief— a no referendum expenses have been incurred by or on behalf of a permitted participant during the referendum period, or b the total amount of such expenses incurred by or on behalf of a permitted participant during that period does not exceed £10,000. 6 The responsible person in relation to the permitted participant— a is not required to make a return under this paragraph, but b must instead deliver the declaration referred to in sub-paragraph (5) to the Electoral Commission within the period of 3 months beginning with the end of the referendum period. 7 The responsible person commits an offence if— a without reasonable excuse, the person fails to comply with the requirements of sub-paragraph (6) in relation to a declaration, or b the person knowingly or recklessly makes a false declaration under that sub-paragraph. 8 A person who commits an offence under sub-paragraph (7)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 9 A person who commits an offence under sub-paragraph (7)(b) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 10 The Electoral Commission may issue guidance about the form of return to be used for the purposes of this paragraph. Auditor's report on return 22 1 Where the return prepared under paragraph 21 in respect of the referendum expenses incurred by or on behalf of a permitted participant indicates that the expenses incurred exceed £250,000, a report must be prepared by a qualified auditor on the return. 2 An auditor appointed to carry out an audit under this paragraph— a has a right of access at all reasonable times to such books, documents and other records of the permitted participant as the auditor thinks necessary for purpose of carrying out of the audit, b is entitled to require from the responsible person in relation to the permitted participant such information and explanations as the auditor thinks necessary for that purpose. 3 If a person fails to provide the auditor with any access, information or explanation to which the auditor has a right or is entitled by virtue of sub-paragraph (2), the Commission may give the person such written directions as they consider appropriate for ensuring that the failure is remedied. 4 If the person fails to comply with the directions, the Court of Session may, on the application of the Commission, deal with the person as if the person had failed to comply with an order of the Court. 5 A person commits an offence if the person knowingly or recklessly makes to an auditor appointed to carry out an audit under this paragraph a statement (whether written or oral) which— a conveys or purports to convey any information or explanation to which the auditor is entitled by virtue of sub-paragraph (2), and b is misleading, false or deceptive in a material particular. 6 A person who commits an offence under sub-paragraph (5) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Delivery of returns to Electoral Commission 23 1 Sub-paragraph (2) applies where— a a return falls to be prepared under paragraph 21 in respect of referendum expenses incurred by or on behalf of a permitted participant, and b an auditor's report on it falls to be prepared under paragraph 22. 2 The responsible person must deliver the return to the Electoral Commission, together with a copy of the auditor's report, within the period of 6 months beginning with the end of the referendum period. 3 In the case of any other return falling to be prepared under paragraph 21, the responsible person must deliver the return to the Commission within the period of 3 months beginning with the end of the referendum period. 4 Where, after the date on which a return is delivered to the Commission under this paragraph, leave is given by the Commission under paragraph 15(5) for any claim to be paid, the responsible person must, within the period of 7 days after the payment, deliver to the Commission a return of any sums paid in pursuance of the leave. 5 The responsible person commits an offence if, without reasonable excuse, the person— a fails to comply with the requirements of sub-paragraph (2) or (3) in relation to a return under paragraph 21, b delivers a return which does not comply with the requirements of paragraph 21(2) or (3), or c fails to comply with the requirements of sub-paragraph (4) in relation to a return under that sub-paragraph. 6 A person who commits an offence under sub-paragraph (5)(a) or (c) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 7 A person who commits an offence under sub-paragraph (5)(b) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Declaration of responsible person as to return under paragraph 21 24 1 Each return prepared under paragraph 21 in respect of referendum expenses incurred by or on behalf of a permitted participant must be accompanied by a declaration which complies with sub-paragraph (2) and is signed by the responsible person. 2 The declaration must state— a that the responsible person has examined the return in question, and b that to the best of the responsible person's knowledge and belief— i it is a complete and correct return as required by law, and ii all expenses shown in it as paid have been paid by the responsible person or a person authorised by the responsible person. 3 In a case where the permitted participant either is not a registered party or is a minor party, the declaration must also— a in relation to all relevant donations recorded in the return as having been accepted by the permitted participant— i state that they were all from permissible donors, or ii state whether or not paragraph 35(3) was complied with in the case of each of those donations that was not from a permissible donor, b in relation to all regulated transactions entered in the return as having been entered into by the permitted participant— i state that none of the transactions was made void by paragraph 49(2) or (6), or ii state whether or not paragraph 49(3)(a) was complied with in the case of each of the transactions that was made void by paragraph 49(2) or (6). 4 A person commits an offence if— a the person knowingly or recklessly makes a false declaration under this paragraph, or b sub-paragraph (1) is contravened at a time when the person is the responsible person in the case of the permitted participant to which the return relates. 5 A person who commits an offence under sub-paragraph (4) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 6 In this paragraph— “ relevant donation ” has the same meaning as in paragraph 29, and “ regulated transaction ” is to be construed in accordance with paragraph 46. Public inspection of returns under paragraph 21 25 1 Where the Electoral Commission receive any return under paragraph 21 they must— a as soon as reasonably practicable after receiving the return, make a copy of the return and of the documents accompanying it available for public inspection, and b keep any such copy available for public inspection for the period for which the return or other document is kept by them. 2 If the return contains a statement of relevant donations or a statement of regulated transactions in accordance with paragraph 21(2)(d) the Commission must secure that the copy of the statement made available for public inspection does not include— a in the case of any donation by an individual, the donor's address, b in the case of a transaction entered into by the permitted participant with an individual, the individual's address. 3 At the end of the period of two years beginning with the date when any return or other document mentioned in sub-paragraph (1) is received by the Commission— a they may cause the return or other document to be destroyed, but b if requested to do so by the responsible person in the case of the permitted participant concerned, they must arrange for the return or other document to be returned to that person. PART 4 Publications Restriction on publication etc. of promotional material by central and local government etc. 26 1 This paragraph applies to any material which— a provides general information about the referendum, b deals with any of the issues raised by the referendum question, c puts any arguments for or against any outcome, or d is designed to encourage voting at the referendum. 2 Subject to sub-paragraph (3), no material to which this paragraph applies is to be published during the relevant period by or on behalf of— a the Scottish Ministers or any other part of the Scottish Administration, b the SPCB, or c any Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998). 3 Sub-paragraph (2) does not apply to— a material made available to persons in response to specific requests for information or to persons specifically seeking access to it, b material published— i in a report of a committee, the Business Bulletin or the Official Report of the Scottish Parliament, in accordance with the Parliament's Standing Orders, ii on the Scottish Parliament official website, or iii in relation to any meeting, debate, discussion or other Parliamentary event authorised by the SPCB and held in accordance with the SPCB's rules and policies applicable during the relevant period, c anything done by or on behalf of— i a designated organisation, ii the Electoral Commission, or iii the Chief Counting Officer or any other counting officer, or d the publication of information relating to the holding of the poll. 4 In this paragraph— “ publish ” means make available to the public at large, or any section of the public, in whatever form and by whatever means (and “ publication ” is to be construed accordingly), “ the relevant period ” means the period of 28 days ending with the date of the referendum. Details to appear on referendum material 27 1 No material wholly or mainly relating to the referendum is to be published during the referendum period unless— a in the case of material which is, or is contained in, such a printed document as is mentioned in sub-paragraph (3), (4) or (5), the requirements of that sub-paragraph are complied with, or b in the case of any other material, the requirements of sub-paragraph (6) are complied with. 2 For the purposes of sub-paragraphs (3) to (5) the following details are “the relevant details” in the case of any material falling within sub-paragraph (1)(a), namely— a the name and address of the printer of the document, b the name and address of the promoter of the material, and c the name and address of any person on behalf of whom the material is being published (and who is not the promoter). 3 Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document. 4 Where the material is a printed document other than one to which sub-paragraph (3) applies, the relevant details must appear on either the first or last page of the document. 5 Where the material is an advertisement contained in a newspaper or periodical— a the name and address of the printer of the newspaper or periodical must appear on either its first or last page, and b the relevant details specified in sub-paragraph (2)(b) and (c) must be included in the advertisement. 6 In the case of material falling within sub-paragraph (1)(b), the following details, namely— a the name and address of the promoter of the material, and b the name and address of any person on behalf of whom the material is being published (and who is not the promoter), must be included in the material unless it is not reasonably practicable to include the details. 7 Where during the referendum period any material falling within sub-paragraph (1)(a) is published in contravention of sub-paragraph (1), then the following persons commit an offence, namely— a the promoter of the material, b any other person by whom the material is so published, and c the printer of the document. 8 Where during the referendum period any material falling within sub-paragraph (1)(b) is published in contravention of sub-paragraph (1), then the following persons commit an offence, namely— a the promoter of the material, and b any other person by whom the material is so published. 9 A person who commits an offence under sub-paragraph (7) or (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 10 It is a defence for a person charged with an offence under sub-paragraph (7) or (8) to show— a that the offence arose from circumstances beyond the person's control, and b that the person took all reasonable steps, and exercised all due diligence, to ensure that that an offence under this paragraph would not be committed. 11 Sub-paragraph (1) does not apply to any material published for the purposes of the referendum if the publication is required under or by virtue of any enactment. 12 In this paragraph— “ print ” means print by whatever means, and “ printer ” is to be construed accordingly, “ the promoter ”, in relation to any material falling within sub-paragraph (1), means the person causing the material to be published, “ publish ” means make available to the public at large, or any section of the public, in whatever form and by whatever means. Display of advertisements 28 The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 (SI 1984/467) have effect in relation to the display on any site in Scotland of an advertisement relating specifically to the referendum as they have effect in relation to the display of an advertisement relating specifically to a Parliamentary election. PART 5 Control of donations Operation and interpretation of this Part 29 1 This Part has effect for controlling donations to permitted participants that either are not registered parties or are minor parties. 2 The following provisions have effect for the purposes of this Part. 3 In accordance with sub-paragraph (1) “ permitted participant ” does not include a permitted participant that is a registered party other than a minor party. 4 “ Relevant donation ”, in relation to a permitted participant, means a donation to the permitted participant for the purpose of meeting referendum expenses incurred by or on behalf of the permitted participant. 5 “ Donation ” is to be construed in accordance with paragraphs 30 to 32. 6 In relation to donations received by a permitted participant other than a designated organisation, references to a permissible donor do not include a registered party. 7 Where any provision of this Part refers to a donation for the purpose of meeting a particular kind of expenses incurred by or on behalf of a permitted participant— a the reference includes a reference to a donation for the purpose of securing that any such expenses are not so incurred, and b a donation is to be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must reasonably be assumed to be such a donation. 8 Sub-paragraphs (9) and (10) apply to any provision of this Part which provides, in relation to a permitted participant, that money spent (otherwise than by or on behalf of the permitted participant) in paying expenses incurred directly or indirectly by the permitted participant is to constitute a donation to the permitted participant. 9 The reference in any such provision to money so spent is a reference to money so spent by a person, other than the permitted participant, out of the person's own resources (with no right to reimbursement out of the resources of the permitted participant). 10 Where by virtue of any such provision any amount of money so spent constitutes a donation to the permitted participant, the permitted participant is to be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question. 11 For the purposes of this Part, it is immaterial whether a donation received by a permitted participant is so received in Scotland or elsewhere. Donations: general rules 30 1 “ Donation ”, in relation to a permitted participant, means (subject to paragraph 32)— a a gift to the permitted participant of money or other property, b any sponsorship provided in relation to the permitted participant (as defined by paragraph 31), c any money spent (otherwise than by or on behalf of the permitted participant) in paying any referendum expenses incurred by or on behalf of the permitted participant, d the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the permitted participant (including the services of any person), e in the case of a permitted participant other than an individual, any subscription or other fee paid for affiliation to, or membership of, the permitted participant. 2 Where— a any money or other property is transferred to a permitted participant pursuant to any transaction or arrangement involving the provision by or on behalf of the permitted participant of any property, services or facilities or other consideration of monetary value, and b the total value in monetary terms of the consideration so provided by or on behalf of the permitted participant is less than the value of the money or (as the case may be) the market value of the property transferred, the transfer of the money or property is (subject to sub-paragraph (4)) to be taken to be a gift to the permitted participant for the purposes of sub-paragraph (1)(a). 3 In determining for the purposes of sub-paragraph (1)(d) whether any property, services or facilities provided for the use or benefit of a permitted participant is or are so provided otherwise than on commercial terms, regard must be had to the total value in monetary terms of the consideration provided by or on behalf of the permitted participant in respect of the provision of the property, services or facilities. 4 Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 31) applies in relation to it to the exclusion of the other provision of this paragraph. 5 Anything given or transferred to any officer, member, trustee or agent of a permitted participant in the officer's, member's, trustee's or agent's capacity as such (and not for the officer's, member's, trustee's or agent's own use or benefit) is to be regarded as given or transferred to the permitted participant (and references to donations received by a permitted participant accordingly include donations so given or transferred). 6 In this paragraph— a any reference to anything being given or transferred to a permitted participant or any other person is a reference to its being given or transferred either directly or indirectly through any third person, b “ gift ” includes bequest. Sponsorship 31 1 For the purposes of this schedule sponsorship is provided in relation to a permitted participant if— a any money or other property is transferred to the permitted participant or to any person for the benefit of the permitted participant, and b the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)— i to help the permitted participant with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the permitted participant, or ii to secure that to any extent any such expenses are not so incurred. 2 In sub-paragraph (1) “ defined expenses ” means expenses in connection with— a any conference, meeting or other event organised by or on behalf of the permitted participant, b the preparation, production or dissemination of any publication by or on behalf of the permitted participant, or c any study or research organised by or on behalf of the permitted participant. 3 The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)— a the making of any payment in respect of— i any charge for admission to any conference, meeting or other event, or ii the purchase price of, or any other charge for access to, any publication, b the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication. 4 In this paragraph “ publication ” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public). Payments etc. not to be regarded as donations 32 1 None of the following is to be regarded as a donation— a any grant provided out of public funds, b the provision of any rights conferred on a designated organisation (or persons authorised by a designated organisation) by virtue of— i paragraph 8 or 9, or ii paragraph 1 of Schedule 12 (right to send referendum address post free) to the 2000 Act (as applied by article 4 of the Scotland Act 1998 (Modification of Schedule 5) Order 2013 (SI 2013/242)), c the transmission by a broadcaster of a referendum campaign broadcast, d the provision by an individual of the individual's own services which the individual provides voluntarily in the individual's own time and free of charge, or e any interest accruing to a permitted participant in respect of any donation which is dealt with by the permitted participant in accordance with paragraph 35(3)(a) or (b). 2 Any donation the value of which (as determined in accordance with paragraph 33) does not exceed £500 is to be disregarded. Value of donations 33 1 The value of any donation falling within paragraph 30(1)(a) (other than money) is to be taken to be the market value of the property in question. 2 Where, however, paragraph 30(1)(a) applies by virtue of paragraph 30(2), the value of the donation is to be taken to be the difference between— a the value of the money, or (as the case may be) the market value of the property, in question, and b the total value in monetary terms of the consideration provided by or on behalf of the permitted participant. 3 The value of any donation falling within paragraph 30(1)(b) is to be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 31(1) and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question is to be disregarded. 4 The value of any donation falling within paragraph 30(1)(d) is to be taken to be the amount representing the difference between— a the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the permitted participant in respect of the provision of the property, services or facilities if the property, services or facilities had been provided on commercial terms, and b the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the permitted participant. 5 Where a donation such as is mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation— a is to be determined at the time when it is made, but b is to be so determined by reference to the total benefit accruing to the donee over that period. Prohibition on accepting donations from impermissible donors 34 1 A relevant donation received by a permitted participant must not be accepted by the permitted participant if— a the person by whom the donation would be made is not, at the time of its receipt by the permitted participant, a permissible donor, or b the permitted participant is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation. 2 For the purposes of this schedule, any relevant donation received by a permitted participant which is an exempt trust donation is to be regarded as a relevant donation received by the permitted participant from a permissible donor. 3 But, for the purposes of this schedule, any relevant donation received by a permitted participant from a trustee of any property (in the trustee's capacity as such) which is not— a an exempt trust donation, or b a relevant donation transmitted by the trustee to the permitted participant on behalf of beneficiaries under the trust who are— i persons who at the time of its receipt by the permitted participant are permissible donors, or ii the members of an unincorporated association which at that time is a permissible donor, is to be regarded as a relevant donation received by the permitted participant from a person who is not a permissible donor. 4 Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a permitted participant by way of a relevant donation— a on behalf of the principal donor and one or more other persons, or b on behalf of two or more other persons, then for the purposes of this schedule each individual contribution by a person falling within paragraph (a) or (b) which exceeds £500 is to be treated as if it were a separate donation received from that person. 5 In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the permitted participant, the responsible person is given— a (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 40(1)(c) to be given in respect of the donor of a donation to which that paragraph applies, and b (in any case) all such details in respect of the donation as are required by virtue of paragraph 40(1)(a). 6 Where— a any person (“ the agent ”) causes an amount to be received by a permitted participant by way of a donation on behalf of another person (“ the donor ”), and b the amount of the donation exceeds £500, the agent must ensure that, at the time when the donation is received by the permitted participant, the responsible person is given all such details in respect of the donor as are required by virtue of paragraph 40(1)(c) to be given in respect of the donor of a donation to which that paragraph applies. 7 A person commits an offence if, without reasonable excuse, the person fails to comply with sub-paragraph (5) or (6). 8 A person who commits an offence under sub-paragraph (7) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Acceptance or return of donations 35 1 Sub-paragraph (2) applies where— a a donation is received by a permitted participant, and b it is not immediately decided that the permitted participant should (for whatever reason) refuse the donation. 2 All reasonable steps must be taken without delay by or on behalf of the permitted participant to verify (or, so far as any of the following is not apparent, ascertain)— a the identity of the donor, b whether the donor is a permissible donor, and c if it appears that the donor is a permissible donor, all such details in respect of the donor as are required by virtue of paragraph 40(1)(c) to be included in a statement under paragraph 39 in respect of a relevant donation. 3 If a permitted participant receives a donation which the permitted participant is prohibited from accepting by virtue of paragraph 34(1), or which it is decided the permitted participant should refuse, then— a unless the donation falls within paragraph 34(1)(b), the donation, or a payment of an equivalent amount, must be sent back to the person who made the donation or any person appearing to be acting on that person's behalf, b if the donation falls within that paragraph, the required steps (see paragraph 36(1)) must be taken in relation to the donation, within the period of 30 days beginning with the date when the donation is received by the permitted participant. 4 The permitted participant and the responsible person each commit an offence if— a sub-paragraph (3)(a) applies in relation to a donation, and b the donation is not dealt with in accordance with that sub-paragraph. 5 It is a defence for a permitted participant or responsible person charged with an offence under sub-paragraph (4) to show that— a all reasonable steps were taken by or on behalf of the permitted participant to verify (or ascertain) whether the donor was a permissible donor, and b as a result, the responsible person believed the donor to be a permissible donor. 6 The responsible person in relation to a permitted participant commits an offence if— a sub-paragraph (3)(b) applies in relation to a donation, and b the donation is not dealt with in accordance with that sub-paragraph. 7 A person who commits an offence under sub-paragraph (4) or (6) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). 8 For the purposes of this schedule, a donation received by a permitted participant is to be taken to have been accepted by the permitted participant unless— a it is dealt with in accordance with sub-paragraph (3), and b a record can be produced of the receipt of the donation and of its having been dealt in accordance with that sub-paragraph. 9 Where a donation is received by a permitted participant in the form of an amount paid into an account held by the permitted participant with a financial institution, it is to be taken for the purposes of this schedule to have been received by the permitted participant at the time when the permitted participant is notified in the usual way of the payment into the account. Return of donation where donor unidentifiable 36 1 For the purposes of paragraph 35(3)(b), the required steps are— a if the donation was transmitted by a person other than the donor and the identity of that person is apparent, to return the donation to that person, b if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, to return the donation to that institution, or c in any other case, to send the donation to the Electoral Commission. 2 In sub-paragraph (1) any reference to returning or sending a donation to any person or body includes a reference to sending a payment of an equivalent amount to that person or body. 3 Any amount sent to the Electoral Commission in pursuance of sub-paragraph (1)(c) is to be paid by the Commission into the Scottish Consolidated Fund. Forfeiture of donations made by impermissible or unidentifiable donors 37 1 This paragraph applies to any donation received by a permitted participant— a which, by virtue of paragraph 34(1), the permitted participant is prohibited from accepting, but b which has been accepted by the permitted participant. 2 A sheriff may, on the application of the Electoral Commission, order the forfeiture by the permitted participant of an amount equal to the value of the donation. 3 An order may be made under this paragraph whether or not proceedings are brought against any person for an offence connected with the donation. 4 Proceedings on an application for an order under this paragraph are civil proceedings and, accordingly, the standard of proof that applies is that applicable in civil proceedings. 5 The permitted participant may appeal to the Court of Session against an order made under this paragraph. 6 Rules of court may make provision— a with respect to applications and appeals under this paragraph, b for the giving of notice of such applications or appeals to persons affected by them, c for the sisting of such persons as parties, d generally with respect to procedure in such applications or appeals. 7 An amount forfeited by virtue of an order under this paragraph is to be paid into the Scottish Consolidated Fund. 8 Sub-paragraph (7) does not apply— a where an appeal is made under sub-paragraph (5), before the appeal is determined or otherwise disposed of, or b in any other case, before the end of any period within which, in accordance with rules of court, an appeal under sub-paragraph (5) is to be made. Evasion of restrictions on donations 38 1 A person commits an offence if the person— a knowingly enters into, or b knowingly does any act in furtherance of, any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of relevant donations to a permitted participant by any person or body other than a permissible donor. 2 A person commits an offence if the person— a knowingly gives the responsible person in relation to a permitted participant any information relating to— i the amount of any relevant donation made to the permitted participant, or ii the person or body making such a donation, which is false in a material particular, or b with intent to deceive, withholds from the responsible person in relation to a permitted participant any material information relating to a matter within paragraph (a)(i) or (ii). 3 A person who commits an offence under this paragraph is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Statement of relevant donations 39 The responsible person in relation to a permitted participant must include in any return required to be prepared under paragraph 21 a statement of relevant donations which complies with paragraphs 40 and 41. Donations from permissible donors 40 1 The statement must record, in relation to each relevant donation falling within sub-paragraph (2) which is accepted by the permitted participant— a the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 33, b the date when the donation was accepted by the permitted participant, and c the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6 to the 2000 Act. 2 Sub-paragraph (1) applies to a relevant donation where— a the value of the donation exceeds £7,500, or b the value of it and any other relevant benefit or benefits exceeds that amount. In paragraph (b) “ relevant benefit ” means any relevant donation or regulated transaction (with the meaning of paragraph 45(4)) made by or entered into with the person who made the donation. 3 The statement must also record the total value of any relevant donations, other than those falling within sub-paragraph (2), which are accepted by the permitted participant. 4 In the case of a donation made by an individual who has an anonymous entry in an electoral register if the statement states that the permitted participant has seen evidence that the individual has such an anonymous entry, the statement must be accompanied by a copy of the evidence. Donations from impermissible or unidentifiable donors 41 1 This paragraph applies to relevant donations falling within paragraph 34(1)(a) or (b). 2 Where paragraph 34(1)(a) applies, the statement must record— a the name and address of the donor, b the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 33, and c the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with paragraph 35(3)(a). 3 Where paragraph 34(1)(b) applies, the statement must record— a details of the manner in which the donation was made, b the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 33, and c the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with paragraph 35(3)(b). Donation reports during referendum period 42 1 The responsible person in relation to a permitted participant must prepare a report under this paragraph in respect of each of the following periods— a the period ending with the 28th day of the referendum period (including the time before the referendum period), b each of the two succeeding periods of 4 weeks during the referendum period, and c the period from the end of the second of the periods referred to in paragraph (b) until the end of the seventh day before the day by which the report is to be delivered to the Electoral Commission (“the final period”). 2 The report for a period must record, in relation to each relevant donation of more than £7,500 which is received by the permitted participant during the period— a the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 33, b the date when the donation was received by the permitted participant, and c the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in weekly donation reports by virtue of paragraph 3 of Schedule 6 to the 2000 Act. 3 If during any period no relevant donations of more than £7,500 were received by the permitted participant, the report for the period must contain a statement of that fact. 4 Where an individual or body becomes a permitted participant during a period mentioned in sub-paragraph (1)(b) or (c) (“ the period in question ”)— a a separate report under this paragraph need not be prepared in respect of any preceding period, but b for the purposes of sub-paragraphs (2) and (3), the report for the period in question must also cover the time before the start of the period, and references in those sub-paragraphs to the period are to be read accordingly. 5 Sub-paragraphs (2) and (3) apply to a relevant donation received by a permitted participant before the start of the referendum period only if the donation was for the purpose of meeting referendum expenses to be incurred by the permitted participant during the referendum period. 6 References in this paragraph and in paragraph 43 to a relevant donation received by a permitted participant include any donation received at a time before the individual or body concerned became a permitted participant, if the donation would have been a relevant donation had the individual or body been a permitted participant at that time. 7 A report under this paragraph must be delivered by the responsible person to the Electoral Commission— a in the case of the report in respect of a period other than the final period, within the period of 7 days beginning with the end of the period to which the report relates, b in the case of the report in respect of the final period, by the end of the fourth day before the date of the referendum. 8 For the purpose of sub-paragraph (7)(b), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve or Christmas Day, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971. 9 If, in relation to a donation made by an individual who has an anonymous entry in an electoral register, a report under this paragraph contains a statement that the permitted participant has seen evidence that the individual has such an anonymous entry, the report must be accompanied by a copy of the evidence. 10 The responsible person commits an offence if, without reasonable excuse, the person— a fails to comply with the requirements of sub-paragraph (7) in relation to a report under this paragraph, b delivers a report to the Electoral Commission that does not comply with the requirements of sub-paragraphs (2), (3) or (9). 11 A person who commits an offence under sub-paragraph (10)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 12 A person who commits an offence under sub-paragraph (10)(b) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Declaration of responsible person as to donation reports under paragraph 42 43 1 Each report prepared under paragraph 42 in respect of relevant donations received by a permitted participant must be accompanied by a declaration which complies with sub-paragraph (2) and is signed by the responsible person. 2 The declaration must state— a that the responsible person has examined the report, and b that to the best of the responsible person's knowledge and belief, it is a complete and correct report as required by law. 3 A person commits an offence if— a the person knowingly or recklessly makes a false declaration under this paragraph, or b sub-paragraph (1) is contravened at a time when the person is the responsible person in the case of the permitted participant to which the report relates. 4 A person who commits an offence under sub-paragraph (3) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Public inspection of donation reports under paragraph 42 44 1 Where the Electoral Commission receive a report under paragraph 42 they must— a as soon as reasonably practicable after receiving the report, make a copy of the report and of any document accompanying it available for public inspection, and b keep any such copy available for public inspection for the period for which the report or other document is held by them. 2 The Commission must secure that the copy of the report made available for public inspection does not include, in the case of any donation by an individual, the donor's address. 3 At the end of the period of 2 years beginning with the date when any report under paragraph 42 or other document accompanying it is received by the Commission— a they may cause the report or other document to be destroyed, or b if requested to do so by the responsible person in the case of the permitted participant concerned, they must arrange for the report or other document to be returned to that person. PART 6 Control of loans and credit Operation of Part 45 1 This Part has effect for controlling regulated transactions entered into by permitted participants that either are not registered parties or are minor parties. 2 The following provisions have effect for the purposes of this Part. 3 In accordance with sub-paragraph (1), “ permitted participant ” does not include a permitted participant which is a registered party other than a minor party. 4 “ Regulated transaction ” has the meaning given by paragraph 46. 5 In relation to transactions entered into by a permitted participant other than a designated organisation, the reference in paragraph 48(2) to a permissible donor does not include a registered party. Regulated transactions 46 1 An agreement between a permitted participant and another person by which the other person makes a loan of money to the permitted participant is a regulated transaction if the use condition is satisfied. 2 An agreement between a permitted participant and another person by which the other person provides a credit facility to the permitted participant is a regulated transaction if the use condition is satisfied. 3 Where— a a permitted participant and another person (“A”) enter into a regulated transaction of a description mentioned in sub-paragraph (1) or (2), or a transaction under which any property, services or facilities are provided for the use or benefit of the permitted participant (including the services of any person), b A also enters into an arrangement whereby another person (“B”) gives any form of security (whether real or personal) for a sum owed to A by the permitted participant under the transaction mentioned in paragraph (a), and c the use condition is satisfied, the arrangement is a regulated transaction. 4 An agreement or arrangement is also a regulated transaction if— a the terms of the agreement or arrangement as first entered into do not constitute a regulated transaction by virtue of sub-paragraph (1), (2) or (3), but b the terms are subsequently varied in such a way that the agreement or arrangement becomes a regulated transaction. 5 The use condition is that the permitted participant intends at the time of entering into a transaction mentioned in sub-paragraph (1), (2) or (3)(a) to use any money or benefit obtained in consequence of the transaction for meeting referendum expenses incurred by or on behalf of the permitted participant. 6 For the purposes of sub-paragraph (5), it is immaterial that only part of the money or benefit is intended to be used for meeting referendum expenses incurred by or on behalf of the permitted participant. 7 References in sub-paragraphs (1) and (2) to a permitted participant include references to an officer, member, trustee or agent of the permitted participant if that person makes the agreement as such. 8 References in sub-paragraph (3) to a permitted participant include references to an officer, member, trustee or agent of the permitted participant if the property, services or facilities are provided to that person as such, or the sum is owed by that person as such. 9 A reference to a connected transaction is a reference to the transaction mentioned in sub-paragraph (3)(b). 10 In this paragraph a reference to anything being done by or in relation to a permitted participant or a person includes a reference to its being done directly or indirectly through a third person. 11 A credit facility is an agreement whereby a permitted participant is enabled to receive from time to time from another party to the agreement a loan of money not exceeding such amount (taking account of any repayments made by the permitted participant) as is specified in or determined in accordance with the agreement. 12 An agreement or arrangement is not a regulated transaction— a to the extent that a payment made in pursuance of the agreement or arrangement falls, by virtue of paragraph 39, to be included in a return under paragraph 21, or b if its value does not exceed £500. Valuation of regulated transaction 47 1 The value of a regulated transaction which is a loan is the value of the total amount to be lent under the loan agreement. 2 The value of a regulated transaction which is a credit facility is the maximum amount which may be borrowed under the agreement for the facility. 3 The value of a regulated transaction which is an arrangement by which any form of security is given is the contingent liability under the security provided. 4 For the purposes of sub-paragraphs (1) and (2), no account is to be taken of the effect of any provision contained in a loan agreement or an agreement for a credit facility at the time it is entered into which enables outstanding interest to be added to any sum for the time being owed in respect of the loan or credit facility, whether or not any such interest has been so added. Authorised participants 48 1 A permitted participant must not— a be a party to a regulated transaction to which any of the other parties is not an authorised participant, b derive a benefit in consequence of a connected transaction if any of the parties to that transaction is not an authorised participant. 2 In this Part, an authorised participant is a person who is a permissible donor. Regulated transaction involving unauthorised participant 49 1 This paragraph applies if a permitted participant is a party to a regulated transaction to which another party is not an authorised participant. 2 The transaction is void. 3 Despite sub-paragraph (2)— a any money received by the permitted participant by virtue of the transaction must be repaid by the responsible person to the person from whom it was received, along with interest at the rate referred to in section 71I(3)(a) of the 2000 Act, b the person from whom it was received is entitled to recover the money, along with such interest. 4 If— a the money is not (for whatever reason) repaid as mentioned in sub-paragraph (3)(a), or b the person entitled to recover the money refuses or fails to do so, the Commission may apply to a sheriff to make such order as the sheriff thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into. 5 An order under sub-paragraph (4) may in particular— a where the transaction is a loan or credit facility, require that any amount owed by the permitted participant be repaid (and that no further sums be advanced under it), b where any form of security is given for a sum owed under the transaction, require that security to be discharged. 6 In the case of a regulated transaction where a party other than a permitted participant— a at the time the permitted participant enters into the transaction, is an authorised participant, but b subsequently, for whatever reason, ceases to be an authorised participant, the transaction is void and sub-paragraphs (3) to (5) apply with effect from the time when the other party ceased to be an authorised participant. Guarantees and securities: unauthorised participant 50 1 This paragraph applies if— a a permitted participant and another person (“A”) enter into a transaction of a description mentioned in paragraph 46(3)(a), b A is party to a regulated transaction of a description mentioned in paragraph 46(3)(b) (“the connected transaction”) with another person (“B”), and c B is not an authorised participant. 2 Paragraph 49(2) to (5) applies to the transaction mentioned in sub-paragraph (1)(a). 3 The connected transaction is void. 4 Sub-paragraph (5) applies if (but only if) A is unable to recover from the permitted participant the whole of the money mentioned in paragraph 49(3)(a) (as applied by sub-paragraph (2) above), along with such interest as is there mentioned. 5 Despite sub-paragraph (3), A is entitled to recover from B any part of that money (and such interest) that is not recovered from the permitted participant. 6 Sub-paragraph (5) does not entitle A to recover more than the contingent liability under the security provided by virtue of the connected transaction. 7 In the case of a connected transaction where B— a at the time A enters into the transaction, is an authorised participant, but b subsequently, for whatever reason, ceases to be an authorised participant, sub-paragraphs (2) to (6) apply with effect from the time when B ceased to be an authorised participant. 8 If the transaction mentioned in paragraph 46(3)(a) is not a regulated transaction of a description mentioned in paragraph 46(1) or (2), references in this paragraph and paragraph 49(2) to (5) (as applied by sub-paragraph (2) above) to the repayment or recovery of money are to be construed as references to (as the case may be)— a the return or recovery of any property provided under the transaction, b to the extent that such property is incapable of being returned or recovered or its market value has diminished since the time the transaction was entered into, the repayment or recovery of the market value at that time, or c the market value (at that time) of any facilities or services provided under the transaction. Transfer to unauthorised participant invalid 51 If an authorised participant purports to transfer the participant's interest in a regulated transaction to a person who is not an authorised participant the purported transfer is of no effect. Offences 52 1 An individual who is a permitted participant commits an offence if— a the individual enters into a regulated transaction of a description mentioned in paragraph 46(1) or (2) to which another party is not an authorised participant, and b the individual knew or ought reasonably to have known of the matters mentioned in paragraph (a). 2 A permitted participant that is not an individual commits an offence if— a it enters into a regulated transaction of a description mentioned in paragraph 46(1) or (2) to which another party is not an authorised participant, and b an officer of the permitted participant knew or ought reasonably to have known of the matters mentioned in paragraph (a). 3 A person who is the responsible person in relation to a permitted participant that is not an individual commits an offence if— a the permitted participant enters into a regulated transaction of a description mentioned in paragraph 46(1) or (2) to which another party is not an authorised participant, and b the person knew or ought reasonably to have known of the matters mentioned in paragraph (a). 4 An individual who is a permitted participant commits an offence if— a the individual enters into a regulated transaction of a description mentioned in paragraph 46(1) or (2) to which another party is not an authorised participant, b the individual neither knew nor ought reasonably to have known that the other party is not an authorised participant, and c as soon as practicable after knowledge of the matters mentioned in paragraph (a) comes to the individual the individual fails to take all reasonable steps to repay any money which the individual has received by virtue of the transaction. 5 A permitted participant that is not an individual commits an offence if— a it enters into a regulated transaction of a description mentioned in paragraph 46(1) or (2) to which another party is not an authorised participant, b no officer of the permitted participant knew or ought reasonably to have known that the other party is not an authorised participant, and c as soon as practicable after knowledge of the matters mentioned in paragraph (a) comes to the responsible person the responsible person fails to take all reasonable steps to repay any money which the permitted participant has received by virtue of the transaction. 6 A person who is the responsible person in relation to a permitted participant that is not an individual commits an offence if— a the permitted participant enters into a regulated transaction of a description mentioned in paragraph 46(1) or (2) to which another party is not an authorised participant, b sub-paragraph (3)(b) does not apply to the person, and c as soon as practicable after knowledge of the matters mentioned in paragraph (a) comes to the person the person fails to take all reasonable steps to repay any money which the permitted participant has received by virtue of the transaction. 7 An individual who is a permitted participant commits an offence if— a the individual benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and b the individual knew or ought reasonably to have known of the matters mentioned in paragraph (a). 8 A permitted participant that is not an individual commits an offence if— a it benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and b an officer of the permitted participant knew or ought reasonably to have known of the matters mentioned in paragraph (a). 9 A person who is the responsible person in relation to a permitted participant that is not an individual commits an offence if— a the permitted participant benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, and b the person knew or ought reasonably to have known of the matters mentioned in paragraph (a). 10 An individual who is a permitted participant commits an offence if— a the individual is a party to a transaction of a description mentioned in paragraph 46(3)(a), b the individual benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, c the individual neither knew nor ought reasonably to have known of the matters mentioned in paragraphs (a) and (b), and d as soon as practicable after knowledge of the matters mentioned in paragraphs (a) and (b) comes to the individual the individual fails to take all reasonable steps to pay to any person who has provided the individual with any benefit in consequence of the connected transaction the value of the benefit. 11 A permitted participant that is not an individual commits an offence if— a it is a party to a transaction of a description mentioned in paragraph 46(3)(a), b it benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, c no officer of the permitted participant knew or ought reasonably to have known of the matters mentioned in paragraphs (a) and (b), and d as soon as practicable after knowledge of the matters mentioned in paragraphs (a) and (b) comes to the responsible person the responsible person fails to take all reasonable steps to pay to any person who has provided the permitted participant with any benefit in consequence of the connected transaction the value of the benefit. 12 A person who is the responsible person in relation to a permitted participant that is not an individual commits an offence if— a the permitted participant is a party to a transaction of a description mentioned in paragraph 46(3)(a), b the permitted participant benefits from or falls to benefit in consequence of a connected transaction to which any of the parties is not an authorised participant, c sub-paragraph (9)(b) does not apply to the person, and d as soon as practicable after knowledge of the matters mentioned in paragraphs (a) and (b) comes to the person the person fails to take all reasonable steps to pay to any person who has provided the permitted participant with any benefit in consequence of the connected transaction the value of the benefit. 13 A person commits an offence if the person— a knowingly enters into, or b knowingly does any act in furtherance of, any arrangement which facilitates or is likely to facilitate, whether by means of concealment or disguise or otherwise, the participation by a permitted participant in a regulated transaction with a person other than an authorised participant. 14 It is a defence for a person charged with an offence under sub-paragraph (3) to prove that the person took all reasonable steps to prevent the permitted participant entering into the transaction. 15 It is a defence for a person charged with an offence under sub-paragraph (9) to prove that the person took all reasonable steps to prevent the permitted participant benefiting in consequence of the connected transaction. 16 A reference to a permitted participant entering into a regulated transaction includes a reference to any circumstances in which the terms of a regulated transaction are varied so as to increase the amount of money to which the permitted participant is entitled in consequence of the transaction. 17 A reference to a permitted participant entering into a transaction to which another party is not an authorised participant includes a reference to any circumstances in which another party to the transaction who is an authorised participant ceases (for whatever reason) to be an authorised participant. Penalties 53 1 A person who commits an offence under sub-paragraph (1), (2), (4), (7), (8) or (10) of paragraph 52 is liable— a on summary conviction, to a fine not exceeding the statutory maximum, b on conviction on indictment, to a fine. 2 A person who commits an offence under sub-paragraph (3), (5), (6), (9), (11), (12) or (13) of paragraph 52 is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Statement of regulated transactions 54 1 The responsible person in relation to a permitted participant must include in any return required to be prepared under paragraph 21 a statement of regulated transactions entered into by the permitted participant. 2 The statement must comply with paragraphs 55 to 59. 3 For the purposes of those paragraphs a regulated transaction is a recordable transaction— a if the value of the transaction exceeds £7,500, or b if the aggregate value of it and any other relevant benefit or benefits exceeds that amount. In paragraph (b) “ relevant benefit ” means any relevant donation (within the meaning of paragraph 29(4)) or regulated transaction made by, or entered into with, the person with whom the regulated transaction was entered into. Identity of authorised participants 55 The statement must record, in relation to each recordable transaction to which an authorised participant was a party, the information about the authorised participant which is, in connection with transactions entered into by political parties, required to be recorded in transaction reports by virtue of paragraph 2 of Schedule 6A to the 2000 Act. Identity of unauthorised participants 56 The statement must record, in relation to each recordable transaction to which a person other than an authorised participant was a party— a the name and address of the person, b the date when, and the manner in which, the transaction was dealt with in accordance with sub-paragraphs (3) to (5) of paragraph 49 or those sub-paragraphs as applied by paragraph 49(6) or 50(2). Details of transaction 57 1 The statement must record, in relation to each recordable transaction, the information about the transaction which is, in connection with transactions entered into by political parties, required to be recorded in transaction reports by virtue of paragraph 5(2), (3) and (4) of Schedule 6A to the 2000 Act (read with any necessary modifications). 2 The statement must record, in relation to each recordable transaction of a description mentioned in paragraph 46(1) or (2) above, the information about the transaction which is, in connection with transactions entered into by political parties, required to be recorded in transaction reports by virtue of paragraph 6 of Schedule 6A to the 2000 Act. 3 The statement must record, in relation to each recordable transaction of a description mentioned in paragraph 46(3) above, the information about the transaction which is, in connection with transactions entered into by political parties, required to be recorded in transaction reports by virtue of paragraph 7(2)(b), (3) and (4) of Schedule 6A to the 2000 Act. Changes 58 1 Where another authorised participant has become a party to a regulated transaction (whether in place of or in addition to any existing participant), or there has been any other change in any of the information that is required by paragraphs 55 to 57 to be included in the statement, the statement must record— a the information as it was both before and after the change, b the date of the change. 2 Where a recordable transaction has come to an end, the statement must— a record that fact, b record the date when it happened, c in the case of a loan, state how the loan has come to an end. 3 For the purposes of sub-paragraph (2), a loan comes to an end if— a the whole debt (or all the remaining debt) is repaid, b the creditor releases the whole debt. Total value of non-recordable transactions 59 The statement must record the total value of any regulated transactions that are not recordable transactions. Transaction reports during referendum period 60 1 The responsible person in relation to a permitted participant must prepare a report under this paragraph in respect of each of the following periods— a the period ending with the 28th day of the referendum period (including the time before the referendum period), b each of the two succeeding periods of 4 weeks during the referendum period, and c the period from the end of the second of the periods referred to in paragraph (b) until the end of the seventh day before the day by which the report is to be delivered to the Electoral Commission (“the final period”). 2 The report for any period must record, in relation to each regulated transaction having a value exceeding £7,500 which is entered into by the permitted participant during the period— a the same information about the transaction as would be required, by virtue of paragraph 57, to be recorded in the statement referred to in paragraph 54(1), b in relation to a transaction to which an authorised participant is a party, the information about each authorised participant which is, in connection with recordable transactions entered into by registered parties, required to be recorded in weekly transaction reports by virtue of paragraph 3 of Schedule 6A to the 2000 Act, and c in relation to a transaction to which a person who is not an authorised participant is a party, the information referred to in paragraph 56. 3 If during any period no regulated transactions having a value exceeding £7,500 were entered into by the permitted participant, the report for the period must contain a statement of that fact. 4 Where an individual or body becomes a permitted participant during a period mentioned in sub-paragraph (1)(b) or (c) (“ the period in question ”)— a a separate report under this paragraph need not be prepared for any preceding period, but b for the purposes of sub-paragraphs (2) and (3), the report for the period in question must also cover the time before the start of the period, and references in those sub-paragraphs to the period are to be read accordingly. 5 Sub-paragraphs (2) and (3) apply to a regulated transaction entered into by a permitted participant before the start of the referendum period only if any money or benefit obtained in consequence of the transaction is to be used for meeting referendum expenses to be incurred by the permitted participant during the referendum period. 6 References in this paragraph and in paragraph 61 to a regulated transaction entered into by a permitted participant include any transaction entered into at a time before the individual or body concerned became a permitted participant, if the transaction would have been a regulated transaction had the individual or body been a permitted participant at that time. 7 A report under this paragraph must be delivered by the responsible person to the Electoral Commission— a in the case of the report in respect of a period other than the final period, within the period of 7 days beginning with the end of the period to which the report relates, b in the case of the report in respect of the final period, by the end of the fourth day before the date of the referendum. 8 For the purpose of sub-paragraph (7)(b), the following days are to be disregarded— a a Saturday or Sunday, b Christmas Eve or Christmas Day, c a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971. 9 If, in relation to a regulated transaction entered into with an individual who has an anonymous entry in an electoral register, a report under this paragraph contains a statement that the permitted participant has seen evidence that the individual has such an anonymous entry, the report must be accompanied by a copy of the evidence. 10 The responsible person commits an offence if, without reasonable excuse, the person— a fails to comply with the requirements of sub-paragraph (7) in relation to a report under this paragraph, b delivers a report to the Electoral Commission that does not comply with the requirements of sub-paragraphs (2), (3) or (9). 11 A person who commits an offence under sub-paragraph (10)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 12 A person who commits an offence under sub-paragraph (10)(b) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Declaration of responsible person as to transaction reports under paragraph 60 61 1 Each report prepared under paragraph 60 in respect of regulated transactions entered into by a permitted participant must be accompanied by a declaration which complies with sub-paragraph (2) and is signed by the responsible person. 2 The declaration must state— a that the responsible person has examined the report, and b that to the best of the responsible person's knowledge and belief, it is a complete and correct report as required by law. 3 A person commits an offence if— a the person knowingly or recklessly makes a false declaration under this paragraph, or b sub-paragraph (1) is contravened at a time when the person is the responsible person in the case of the permitted participant to which the report relates. 4 A person who commits an offence under sub-paragraph (3) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Public inspection of transaction reports under paragraph 60 62 1 Where the Electoral Commission receive a report under paragraph 60 they must— a as soon as reasonably practicable after receiving the report, make a copy of the report and of any document accompanying it available for public inspection, and b keep any such copy available for public inspection for the period for which the report or other document is held by them. 2 The Commission must secure that the copy of the report made available for public inspection does not include, in the case of any transaction entered into by the permitted participant with an individual, the individual's address. 3 At the end of the period of 2 years beginning with the date when any report under paragraph 60 or other document accompanying it is received by the Commission— a they may cause the report or other document to be destroyed, or b if requested to do so by the responsible person in the case of the permitted participant concerned, they must arrange for the report or other document to be returned to that person. Non-disclosure with intent to conceal 63 1 This paragraph applies where, on an application made by the Commission, a sheriff is satisfied that any failure to comply with a requirement of paragraphs 54 to 61 in relation to— a any transaction entered into by the permitted participant, or b any change made to a transaction to which the permitted participant is a party, was attributable to an intention on the part of any person to conceal the existence or true value of the transaction. 2 The sheriff may make such order as the sheriff thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into. 3 An order under this paragraph may in particular— a where the transaction is a loan or credit facility, require that any amount owed by the permitted participant be repaid (and that no further sums be advanced under it), b where any form of security is given for a sum owed under the transaction, or the transaction is an arrangement by which any form of security is given, require that the security be discharged. Proceedings under paragraphs 49 and 63 64 1 This paragraph has effect in relation to proceedings on an application under paragraph 49(4) or 63. 2 The proceedings are civil proceedings and, accordingly, the standard of proof that applies is that applicable to civil proceedings. 3 An order may be made whether or not proceedings are brought against any person for an offence under paragraph 24 or paragraph 52. 4 An appeal against an order made by the sheriff may be made to the Court of Session. 5 Rules of court may make provision— a with respect to applications or appeals from proceedings on such applications, b for the giving of notice of such applications or appeals to persons affected, c for the sisting of such persons as parties, d generally with respect to procedure in such applications or appeals. 6 Sub-paragraph (5) does not affect any existing power to make rules. Interpretation 65 1 In this Part— “ authorised participant ” is to be construed in accordance with paragraph 48 (and see paragraph 45(5)), “ connected transaction ” has the meaning given by paragraph 46(9), “ credit facility ” has the meaning given by paragraph 46(11), “ permitted participant ” is to be construed in accordance with paragraph 45, “ regulated transaction ” is to be construed in accordance with paragraph 46. 2 For the purposes of any provision relating to the reporting of transactions, anything required to be done by a permitted participant in consequence of its being a party to a regulated transaction must also be done by it, if it is a party to a transaction of a description mentioned in paragraph 46(3)(a), as if it were a party to the connected transaction. SCHEDULE 5 Campaign rules: investigatory powers of the Electoral Commission (introduced by section 12(4)) Power to require disclosure 1 1 This paragraph applies in relation to an organisation or individual that is a permitted participant. 2 The Electoral Commission may give a disclosure notice to a person who— a is, or has been at any time in the period of 5 years ending with the day on which the notice is given, the treasurer or another officer of an organisation to which this paragraph applies, or b is an individual to whom this paragraph applies. 3 A disclosure notice is a notice requiring the person to whom it is given— a to produce for inspection by the Commission, or a person authorised by the Commission, any documents which— i relate to income and expenditure of the organisation or individual in question, and ii are reasonably required by the Commission for the purposes of carrying out their functions under section 12 and schedule 4, or b to provide the Commission, or a person authorised by the Commission, with any information or explanation which relates to that income and expenditure and is reasonably required by the Commission for those purposes. 4 A person to whom a disclosure notice is given must comply with the notice within such reasonable time as is specified in the notice. Inspection warrants 2 1 This paragraph applies in relation to an organisation or individual that is a permitted participant. 2 A sheriff or a justice of the peace may, on the application of the Electoral Commission, issue an inspection warrant in relation to any premises occupied by an organisation or individual to whom this paragraph applies if satisfied that— a there are reasonable grounds for believing that on those premises there are documents relating to the income and expenditure of the organisation or individual, b the Commission need to inspect the documents for the purposes of carrying out their functions under section 12 and schedule 4 (other than their investigatory functions), and c permission to inspect the documents on the premises has been requested by the Commission and has been unreasonably refused. 3 An inspection warrant is a warrant authorising a member of the Commission's staff— a at any reasonable time to enter the premises specified in the warrant, and b having entered the premises, to inspect any documents within sub-paragraph (2)(a). 4 An inspection warrant also authorises the person who executes the warrant to be accompanied by any other persons who the Commission consider are needed to assist in executing it. 5 The person executing an inspection warrant must, if required to do so, produce— a the warrant, and b documentary evidence that the person is a member of the Commission's staff, for inspection by the occupier of the premises that are specified in the warrant or by anyone acting on the occupier's behalf. 6 An inspection warrant continues in force until the end of the period of one month beginning with the day on which it is issued. 7 An inspection warrant may not be used for the purposes of carrying out investigatory functions. 8 In this paragraph, “ investigatory functions ” means functions of investigating— a suspected campaign offences, or b suspected contraventions of restrictions or requirements imposed by schedule 4. Powers in relation to suspected offences or contraventions 3 1 This paragraph applies where the Electoral Commission have reasonable grounds to suspect that— a a person has committed a campaign offence, or b a person has contravened (otherwise than by committing an offence) any restriction or other requirement imposed by schedule 4. 2 In this paragraph, “ the suspected offence or contravention ” means the offence or contravention referred to in sub-paragraph (1). 3 The Commission may by notice require any person (including an organisation or individual to whom paragraph 1 applies)— a to produce for inspection by the Commission, or a person authorised by the Commission, any documents that they reasonably require for the purposes of investigating the suspected offence or contravention, b to provide the Commission, or a person authorised by the Commission, with any information or explanation that they reasonably require for those purposes. 4 A person to whom a notice is given under sub-paragraph (3) must comply with the notice within such reasonable time as is specified in the notice. 5 A person authorised by the Commission (“the investigator”) may require— a the person mentioned in sub-paragraph (1) (if that person is an individual), or b an individual who the investigator reasonably believes has relevant information, to attend before the investigator at a specified time and place and answer any questions that the investigator reasonably considers to be relevant. 6 The time specified must be a reasonable time. 7 In sub-paragraph (5), “ relevant ” means relevant to an investigation by the Commission of the suspected offence or contravention. Court order for delivery of documents or provision of information etc. 4 1 This paragraph applies where the Electoral Commission have given a notice under paragraph 3 requiring documents to be produced. 2 The Court of Session may, on the application of the Commission, make a document disclosure order against a person (“ the respondent ”) if satisfied that— a there are reasonable grounds to suspect that a person (whether or not the respondent) has committed a campaign offence or has contravened (otherwise than by committing an offence) any restriction or other requirement imposed by schedule 4, and b there are documents referred to in the notice under paragraph 3 which— i have not been produced as required by the notice (either within the time specified in the notice for compliance or subsequently), ii are reasonably required by the Commission for the purposes of investigating the offence or contravention referred to in paragraph (a), and iii are in the custody or under the control of the respondent. 3 A document disclosure order is an order requiring the respondent to deliver to the Commission, within such time as is specified in the order, such documents falling within sub-paragraph (2)(b) as are identified in the order (either specifically or by reference to any category or description of document). 4 For the purposes of sub-paragraph (2)(b)(iii) a document is under a person's control if it is in the person's possession or if the person has a right to possession of it. 5 A person who fails to comply with a document disclosure order may not, in respect of that failure, be both punished for contempt of court and convicted of an offence under paragraph 12(1). 5 1 This paragraph applies where the Electoral Commission have given a notice under paragraph 3 requiring any information or explanation to be provided. 2 The Court of Session may, on the application of the Commission, make an information disclosure order against a person (“ the respondent ”) if satisfied that— a there are reasonable grounds to suspect that a person (whether or not the respondent) has committed a campaign offence or has contravened (otherwise than by committing an offence) any restriction or other requirement imposed by schedule 4, and b there is any information or explanation referred to in the notice under paragraph 3 which— i has not been provided as required by the notice (either within the time specified in the notice for compliance or subsequently), ii is reasonably required by the Commission for the purposes of investigating the offence or contravention referred to in paragraph (a), and iii the respondent is able to provide. 3 An information disclosure order is an order requiring the respondent to provide to the Commission, within such time as is specified in the order, such information or explanation falling within sub-paragraph (2)(b) as is identified in the order. 4 A person who fails to comply with an information disclosure order may not, in respect of that failure, be both punished for contempt of court and convicted of an offence under paragraph 12(1). Retention of documents delivered under paragraph 4 6 1 The Electoral Commission may retain any documents delivered to them in compliance with an order under paragraph 4 for a period of 3 months (or for longer if any of sub-paragraphs (3) to (8) applies). 2 In this paragraph, “the documents” and “the 3 month period” mean the documents and the period mentioned in sub-paragraph (1). 3 If within the 3 month period proceedings to which the documents are relevant are commenced against any person for any criminal offence, the documents may be retained until the conclusion of the proceedings. 4 If within the 3 month period the Commission serve a notice under paragraph 2(1) of schedule 6 of a proposal to impose a fixed monetary penalty on any person and the documents are relevant to the decision to serve the notice, the documents may be retained— a until liability for the penalty is discharged as mentioned in paragraph 2(2) of that schedule (if it is), b until the Commission decide not to impose a fixed monetary penalty (if that is what they decide), c until the end of the period given by sub-paragraph (6) (if they do impose a fixed monetary penalty). 5 If within the 3 month period the Commission serve a notice under paragraph 7(1) of schedule 6 of a proposal to impose a discretionary requirement on any person and the documents are relevant to the decision to serve the notice, the documents may be retained— a until the Commission decide not to impose a discretionary requirement (if that is what they decide), b until the end of the period given by sub-paragraph (6) (if they do impose a discretionary requirement). 6 If within the 3 month period— a a notice is served imposing a fixed monetary penalty on any person under paragraph 2(4) of schedule 6 and the documents are relevant to the decision to impose the penalty, or b a notice is served imposing a discretionary requirement on any person under paragraph 7(5) of that schedule and the documents are relevant to the decision to impose the requirement, the documents may be retained until the end of the period allowed for bringing an appeal against that decision or (if an appeal is brought) until the conclusion of proceedings on the appeal. 7 If within the 3 month period— a a stop notice is served on any person under paragraph 13 of schedule 6, and b the documents are relevant to the decision to serve the notice, the documents may be retained until the end of the period allowed for bringing an appeal against that decision or (if an appeal is brought) until the conclusion of proceedings on the appeal. 8 If within the 3 month period or the period given by sub-paragraph (7) (or, if applicable, by sub-paragraph (5) or (6)(b))— a the Commission, having served a stop notice on any person under paragraph 13 of schedule 6, decide not to issue a completion certificate under paragraph 15 of that schedule in relation to the stop notice, and b the documents are relevant to the decision not to issue the certificate, the documents may be retained until the end of the period allowed for bringing an appeal against that decision or (if an appeal is brought) until the conclusion of proceedings on the appeal. Power to make copies and records 7 The Electoral Commission or a person authorised by the Commission— a may make copies or records of any information contained in— i any documents produced or inspected under this schedule, ii any documents delivered to them in compliance with an order under paragraph 4, b may make copies or records of any information or explanation provided under this schedule. Authorisation to be in writing 8 An authorisation of a person by the Electoral Commission under this schedule must be in writing. Documents in electronic form 9 1 In the case of documents kept in electronic form— a a power of the Electoral Commission under this schedule to require documents to be produced for inspection includes power to require a copy of the documents to be made available for inspection in legible form, b a power of a person (“the inspector”) under this schedule to inspect documents includes power to require any person on the premises in question to give any assistance that the inspector reasonably requires to enable the inspector— i to inspect and make copies of the documents in legible form or to make records of information contained in them, or ii to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the documents. 2 Paragraph 7(a) applies in relation to any copy made available as mentioned in sub-paragraph (1)(a) above. Legal professional privilege 10 Nothing in this schedule requires a person to produce or provide, or authorises a person to inspect or take possession of, anything in respect of which a claim to confidentiality of communications could be maintained in legal proceedings. Admissibility of statements 11 1 A statement made by a person (“P”) in compliance with a requirement imposed under this schedule is admissible in evidence in any proceedings (as long as it also complies with any requirements governing the admissibility of evidence in the circumstances in question). 2 But in criminal proceedings in which P is charged with an offence other than one to which sub-paragraph (3) applies or in proceedings within sub-paragraph (4) to which both the Electoral Commission and P are parties— a no evidence relating to the statement is admissible against P, and b no question relating to the statement may be asked on behalf of the prosecution or (as the case may be) the Commission in cross-examination of P, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of P. 3 This sub-paragraph applies to— a an offence under paragraph 12(3), b an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath). 4 Proceedings are within this sub-paragraph if they arise out of the exercise by the Commission of any of their powers under schedule 6 other than powers in relation to an offence under paragraph 12(3) below. Offences 12 1 A person who fails, without reasonable excuse, to comply with any requirement imposed under or by virtue of this schedule commits an offence. 2 A person who intentionally obstructs a person authorised by or by virtue of this schedule in the carrying out of that person's functions under the authorisation commits an offence. 3 A person who knowingly or recklessly provides false information in purported compliance with a requirement imposed under or by virtue of this schedule commits an offence. 4 A person who commits an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 5 A person who commits an offence under sub-paragraph (3) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine (or both). Guidance by Commission 13 1 Guidance (and revised guidance) published by the Electoral Commission under paragraph 14 of Schedule 19B (investigatory powers of the Commission) to the 2000 Act has effect, with any necessary modifications, for the purposes of this schedule as it has effect for the purposes of that Schedule. 2 The Commission may publish additional guidance in relation to the application of this schedule. 3 Where appropriate, the Commission must revise guidance published under sub-paragraph (2) and publish the revised guidance. 4 The Commission must have regard to the guidance and revised guidance referred to in sub-paragraph (1) and any guidance or revised guidance published under sub-paragraph (2) or (3) in exercising their functions under this Act. Information about use of investigatory powers in Commission's report 14 1 The Electoral Commission must, in accordance with this paragraph, make a report about the use made by the Commission of their powers under this schedule. 2 The report must, in particular, specify— a the cases in which a notice was given under paragraph 1 or 3(3), b the cases in which premises were entered under a warrant issued under paragraph 2, c the cases in which a requirement was imposed under paragraph 3(5), d the cases in which an order under paragraph 4 or 5— i was applied for, ii was made. 3 This paragraph does not require the Commission to include in the report any information that, in their opinion, it would be inappropriate to include on the ground that to do so— a would or might be unlawful, or b might adversely affect any current investigation or proceedings. 4 The report may be made— a in the report by the Commission under section 27, b in a separate report made as soon as reasonably practicable after the report under section 27 is published, or c partly in accordance with paragraph (a) and partly in accordance with paragraph (b). 5 The Commission must— a lay any report under sub-paragraph (4)(b) before the Scottish Parliament, and b after laying, publish the report in such manner as they may determine. Interpretation 15 In this schedule— “ contravention ” includes a failure to comply, and related expressions are to be construed accordingly, “ documents ” includes any books or records, “ restriction ” includes prohibition. SCHEDULE 6 Campaign rules: civil sanctions (introduced by section 12(5)) PART 1 Fixed monetary penalties Imposition of fixed monetary penalties 1 1 The Electoral Commission may by notice impose a fixed monetary penalty on a person if satisfied beyond reasonable doubt that the person has committed a campaign offence listed in Part 7. 2 The Commission may by notice impose a fixed monetary penalty on a permitted participant if satisfied beyond reasonable doubt that the responsible person— a has committed a campaign offence listed in Part 7, or b has failed to comply with a requirement imposed by paragraph 23(2), (3) or (4) of schedule 4. 3 For the purposes of this schedule a “fixed monetary penalty” is a requirement to pay to the Commission a penalty of £200. Representations and appeals etc. 2 1 Where the Electoral Commission propose to impose a fixed monetary penalty on a person, they must serve on the person a notice of what is proposed. 2 A notice under sub-paragraph (1) must offer the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of £200. The following provisions of this paragraph apply if the person does not do so. 3 The person may make written representations and objections to the Commission in relation to the proposed imposition of the fixed monetary penalty. 4 After the end of the period for making such representations and objections (see paragraph 3(2)) the Commission must decide whether to impose the fixed monetary penalty. If they decide to do so they must serve on the person a notice imposing the penalty. 5 The Commission may not impose a fixed monetary penalty on a person if, taking into account (in particular) any matter raised by the person, the Commission are no longer satisfied as mentioned in paragraph 1(1) or (2) (as applicable). 6 A person on whom a fixed monetary penalty is imposed may appeal against the decision to impose the penalty on the ground that— a it was based on an error of fact, b it was wrong in law, or c it was unreasonable. 7 An appeal under sub-paragraph (6) is to a sheriff and must be made within the period of 28 days beginning with the day on which the notice under sub-paragraph (4) is received. 8 Where an appeal under sub-paragraph (6) is made, the fixed monetary penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn. Information to be included in notices under paragraph 2 3 1 A notice under paragraph 2(1) must include information as to— a the grounds for the proposal to impose the fixed monetary penalty, b the effect of payment of the sum referred to in paragraph 2(2), c the right to make representations and objections, d the circumstances in which the Commission may not impose the fixed monetary penalty. 2 Such a notice must also specify— a the period within which liability for the fixed monetary penalty may be discharged, and b the period within which representations and objections may be made. Neither period may be more than 28 days beginning with the day on which the notice is received. 3 A notice under paragraph 2(4) must include information as to— a the grounds for imposing the fixed monetary penalty, b how payment may be made, c the period within which payment may be made, d any early payment discounts or late payment penalties, e rights of appeal, f the consequences of non-payment. Late payment 4 1 A fixed monetary penalty must be paid within the period of 28 days beginning with the day on which the notice under paragraph 2(4) is received. 2 If the penalty is not paid within that period the amount payable is increased by 25%. 3 If the penalty (as increased by sub-paragraph (2)) is not paid within the period of 56 days beginning with the day on which the notice under paragraph 2(4) is received, the amount payable is the amount of the fixed monetary penalty originally imposed increased by 50%. 4 In the case of an appeal, any penalty which falls to be paid, whether because the sheriff upheld the penalty or because the appeal was withdrawn, is payable within the period of 28 days beginning with the day of determination or withdrawal of the appeal, and if not paid within that period the amount payable is increased by 25%. 5 If the penalty (as increased by sub-paragraph (4)) is not paid within the period of 56 days beginning with the day of determination or withdrawal of the appeal, the amount payable is the amount of the fixed monetary penalty originally imposed increased by 50%. Fixed monetary penalties: criminal proceedings and conviction 5 1 Where a notice under paragraph 2(1) is served on a person— a no criminal proceedings for a campaign offence may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period within which the person's liability may be discharged as mentioned in paragraph 2(2) (see paragraph 3(2)), b if the liability is so discharged, the person may not at any time be convicted of a campaign offence in relation to that act or omission. 2 A person on whom a fixed monetary penalty is imposed may not at any time be convicted of a campaign offence in respect of the act or omission giving rise to the penalty. PART 2 Discretionary requirements Imposition of discretionary requirements 6 1 The Electoral Commission may impose one or more discretionary requirements on a person if satisfied beyond reasonable doubt that the person has committed a campaign offence listed in Part 7. 2 The Commission may impose one or more discretionary requirements on a permitted participant if satisfied beyond reasonable doubt that the responsible person— a has committed a campaign offence listed in Part 7, or b has failed to comply with a requirement imposed by paragraph 23(2), (3) or (4) of schedule 4. 3 For the purposes of this schedule a “discretionary requirement” is— a a requirement to pay a monetary penalty to the Commission of such amount as the Commission may determine up to a maximum of £10,000, (but see also sub-paragraph (6)), b a requirement to take such steps as the Commission may specify, within such period as they may specify, to secure that the offence or failure to comply does not continue or recur, or c a requirement to take such steps as the Commission may specify, within such period as they may specify, to secure that the position is, so far as possible, restored to what it would have been if the offence or failure to comply had not happened. 4 Discretionary requirements may not be imposed on the same person on more than one occasion in relation to the same act or omission. 5 In this schedule— “ variable monetary penalty ” means such a requirement as is referred to in sub-paragraph (3)(a), “ non-monetary discretionary requirement ” means such a requirement as is referred to in sub-paragraph (3)(b) or (c). 6 In the case of a variable monetary penalty imposed under sub-paragraph (1) or (2)(a), where the offence in question is— a triable summarily only, and b punishable on summary conviction by a fine (whether or not it is also punishable by a term of imprisonment), the amount of the penalty may not exceed the maximum amount of that fine. Representations and appeals etc. 7 1 Where the Electoral Commission propose to impose a discretionary requirement on a person, they must serve on the person a notice of what is proposed. 2 A person served with a notice under sub-paragraph (1) may make written representations and objections to the Commission in relation to the proposed imposition of the discretionary requirement. 3 After the end of the period for making such representations and objections (see paragraph 8(2)) the Commission must decide whether— a to impose the discretionary requirement, with or without modifications, or b to impose any other discretionary requirement that the Commission have power to impose under paragraph 6. 4 The Commission may not impose a discretionary requirement on a person if, taking into account (in particular) any matter raised by the person, the Commission are no longer satisfied as mentioned in paragraph 6(1) or (2) (as applicable). 5 Where the Commission decide to impose a discretionary requirement on a person, they must serve on the person a notice specifying what the requirement is. 6 A person on whom a discretionary requirement is imposed may appeal against the decision to impose the requirement on the ground— a that the decision was based on an error of fact, b that the decision was wrong in law, c in the case of a variable monetary penalty, that the amount of the penalty is unreasonable, d in the case of a non-monetary discretionary requirement, that the nature of the requirement is unreasonable, or e that the decision is unreasonable for any other reason. 7 An appeal under sub-paragraph (6) is to a sheriff and must be made within the period of 28 days beginning with the day on which the notice under sub-paragraph (5) is received. 8 Where an appeal under sub-paragraph (6) is made, the discretionary requirement is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn. Information to be included in notices under paragraph 7 8 1 A notice under paragraph 7(1) must include information as to— a the grounds for the proposal to impose the discretionary requirement, b the right to make representations and objections, c the circumstances in which the Commission may not impose the discretionary requirement. 2 Such a notice must also specify the period within which representations and objections may be made. That period may not be less than 28 days beginning with the day on which the notice is received. 3 A notice under paragraph 7(5) must include information as to— a the grounds for imposing the discretionary requirement, b where the discretionary requirement is a variable monetary penalty— i how payment may be made, ii the period within which payment must be made, and iii any early payment discounts or late payment penalties, c rights of appeal, d the consequences of non-compliance. Discretionary requirements: criminal conviction 9 1 A person on whom a discretionary requirement is imposed may not at any time be convicted of a campaign offence in respect of the act or omission giving rise to the requirement. 2 Sub-paragraph (1) does not apply where— a a non-monetary discretionary requirement is imposed on the person, b no variable monetary penalty is imposed on the person, and c the person fails to comply with the non-monetary discretionary requirement. Compliance and restoration certificates 10 1 Where, after the service of a notice under paragraph 7(5) imposing a non-monetary discretionary requirement on a person, the Commission are satisfied that the person has taken the steps specified in the notice, they must issue a certificate to that effect. 2 A notice served under paragraph 7(5) ceases to have effect on the issue of a certificate relating to that notice. 3 A person on whom a notice under paragraph 7(5) has been served may at any time apply for a certificate and the Commission must make a decision whether to issue a certificate within the period of 28 days beginning with the day on which they receive such an application. 4 An application under sub-paragraph (3) must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the notice has been complied with. 5 Where, on an application under sub-paragraph (3), the Commission decide not to issue a certificate they must notify the applicant and provide the applicant with information as to— a the grounds for the decision not to issue a certificate, and b rights of appeal. 6 The Commission may revoke a certificate if it was granted on the basis of inaccurate, incomplete or misleading information. 7 Where the Commission revoke a certificate, the notice has effect as if the certificate had not been issued. 8 A person who has applied for a certificate under sub-paragraph (3) may appeal to a sheriff against a decision not to issue a certificate under this paragraph on the ground that the decision was— a based on an error of fact, b wrong in law, or c unfair or unreasonable. 9 An appeal must be made within the period of 28 days beginning with the day on which notification of the decision is received. Failure to comply with discretionary requirements 11 1 The Electoral Commission may by notice impose a monetary penalty (a “non-compliance penalty”) on a person for failing to comply with a non-monetary discretionary requirement imposed on the person. 2 The amount of a non-compliance penalty is to be determined by the Commission, but must not exceed £10,000. 3 A non-compliance penalty must be paid to the Commission. 4 A notice under sub-paragraph (1) must include information as to— a the grounds for imposing the non-compliance penalty, b the amount of the penalty, c how payment may be made, d the period within which payment must be made, which must be not less than 28 days beginning with the day on which the notice imposing the penalty is received, e rights of appeal, and f the consequences of failure to make payment within the period specified. 5 If, before the end of the period specified for payment of a non-compliance penalty— a the person on whom the penalty was imposed has taken the steps specified in the notice imposing the non-monetary discretionary requirement to which the penalty relates, and b the Commission have issued a certificate under paragraph 10(1) in respect of that notice, the Commission may waive, or reduce the amount of, the penalty. 6 A person served with a notice imposing a non-compliance penalty may appeal against the notice on the ground that the decision to serve the notice— a was based on an error of fact, b was wrong in law, or c was unfair or unreasonable for any reason (for example because the amount is unreasonable). 7 An appeal under sub-paragraph (6) is to a sheriff and must be made within the period of 28 days beginning with the day on which the notice under sub-paragraph (1) is received. 8 Where an appeal under sub-paragraph (6) is made, the non-compliance penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn. Late payment 12 1 A variable monetary penalty must be paid within the period of 28 days beginning with the day on which the notice under paragraph 7(5) is received. 2 If the penalty is not paid within that period the amount payable is increased by 25%. 3 If the penalty (as increased by sub-paragraph (2)) is not paid within 56 days of the day on which the notice under paragraph 7(5) is received, the amount payable is the amount of the penalty originally imposed increased by 50%. 4 In the case of an appeal, any penalty which falls to be paid, whether because the sheriff upheld the penalty or varied it, or because the appeal was withdrawn, is payable within 28 days of the day of determination or withdrawal of the appeal, and if it is not paid within that period the amount payable is increased by 25%. 5 If the penalty (as increased by sub-paragraph (4)) is not paid within 56 days of the day of determination or withdrawal of the appeal the amount payable is the amount of the penalty originally imposed increased by 50%. PART 3 Stop notices Imposition of stop notices 13 1 Where sub-paragraph (2) or (3) applies, the Electoral Commission may serve on a person a notice (a “stop notice”) prohibiting the person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice. 2 This sub-paragraph applies where— a the person is carrying on the activity, b the Commission reasonably believe that the activity as carried on by the person involves or is likely to involve the person committing a campaign offence listed in Part 7, and c the Commission reasonably believe that the activity as carried on by the person is seriously damaging public confidence in the effectiveness of the controls in schedule 4, or presents a significant risk of doing so. 3 This sub-paragraph applies where— a the person is likely to carry on the activity, b the Commission reasonably believe that the activity as carried on by the person will involve or will be likely to involve the person committing a campaign offence listed in Part 7, and c the Commission reasonably believe that the activity as likely to be carried on by the person will seriously damage public confidence in the effectiveness of the controls mentioned in sub-paragraph (2)(c), or will present a significant risk of doing so. 4 The steps referred to in sub-paragraph (1) must be steps to secure that the activity is carried on or (as the case may be) will be carried on in a way that does not involve the person acting as mentioned in sub-paragraph (2)(b) or (3)(b). Information to be included in stop notices 14 A stop notice must include information as to— a the grounds for serving the notice, b rights of appeal, c the consequences of not complying with the notice. Completion certificates 15 1 Where, after the service of a stop notice on a person, the Electoral Commission are satisfied that the person has taken the steps specified in the notice, they must issue a certificate to that effect (a “completion certificate”). 2 A stop notice ceases to have effect on the issue of a completion certificate relating to that notice. 3 A person on whom a stop notice is served may at any time apply for a completion certificate. The Commission must make a decision whether to issue a completion certificate within the period of 14 days of the day on which they receive such an application. 4 An application for a completion certificate must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the stop notice has been complied with. 5 Where, on an application under sub-paragraph (3), the Commission decide not to issue a completion certificate they must notify the applicant and provide the applicant with information as to— a the grounds for the decision not to issue a completion certificate, and b rights of appeal. 6 The Commission may revoke a completion certificate if it was granted on the basis of inaccurate, incomplete or misleading information. 7 Where the Commission revoke a completion certificate, the stop notice has effect as if the certificate had not been issued. Appeals etc. 16 1 A person served with a stop notice may appeal against the decision to serve it on the ground that— a the decision was based on an error of fact, b the decision was wrong in law, c the decision was unreasonable, d any step specified in the notice is unreasonable, or e the person has not acted as mentioned in paragraph 13(2)(b) or (3)(b) and would not have done so even if the stop notice had not been served. 2 A person served with a stop notice may appeal against a decision not to issue a completion certificate on the ground that the decision— a was based on an error of fact, b was wrong in law, or c was unfair or unreasonable. 3 An appeal under sub-paragraph (1) or (2) is to a sheriff. 4 An appeal under sub-paragraph (1) against a decision to serve a stop notice must be made within the period of 28 days beginning with the day on which the stop notice is received. 5 An appeal under sub-paragraph (2) against a decision not to issue a completion certificate must be made within the period of 28 days beginning with the day on which notification of the decision is received. 6 Where an appeal under sub-paragraph (1) or (2) is made, the stop notice continues to have effect unless it is suspended or varied on the order of the sheriff. Failure to comply with stop notice 17 1 A person served with a stop notice who does not comply with it commits an offence. 2 A person who commits an offence under sub-paragraph (1) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both). PART 4 Enforcement undertakings 18 1 This paragraph applies where— a the Electoral Commission have reasonable grounds to suspect that a person has committed a campaign offence listed in Part 7, b the person offers an undertaking (an “enforcement undertaking”) to take such action, within such period, as is specified in the undertaking, c the action so specified is— i action to secure that the offence does not continue or recur, ii action to secure that the position is, so far as possible, restored to what it would have been if the offence had not happened, and d the Commission accept the undertaking. 2 Unless the person has failed to comply with the undertaking or any part of it— a the person may not at any time be convicted of a campaign offence in respect of the act or omission to which the undertaking relates, b the Commission may not impose on the person any fixed monetary penalty that they would otherwise have power to impose by virtue of paragraph 1 in respect of that act or omission, c the Commission may not impose on the person any discretionary requirement that they would otherwise have power to impose by virtue of paragraph 6 in respect of that act or omission. Enforcement undertakings: further provision 19 1 An enforcement undertaking must be in writing and include— a a statement that the undertaking is an enforcement undertaking regulated by this Act, b the terms of the undertaking, c the period within which the action specified in the undertaking must be completed, d details of how and when a person is to be considered to have complied with the undertaking, and e information as to the consequences of failure to comply in full or in part with the undertaking, including reference to the effect of paragraph 18(2). 2 The enforcement undertaking may be varied or extended if the person who has given the undertaking and the Electoral Commission agree. 3 The Commission may publish any enforcement undertaking which they accept in whatever manner they see fit. Compliance certificate 20 1 Where, after accepting an enforcement undertaking from a person, the Electoral Commission are satisfied that the undertaking has been complied with in full they must issue a certificate to that effect. 2 An enforcement undertaking ceases to have effect on the issue of a certificate relating to that undertaking. 3 A person who has given an enforcement undertaking may at any time apply for a certificate, and the Commission must make a decision whether to issue a certificate within the period of 28 days beginning with the day on which they receive such an application. 4 An application under sub-paragraph (3) must be accompanied by such information as is reasonably necessary to enable the Commission to determine whether the undertaking has been complied with. 5 Where, on an application under sub-paragraph (3), the Commission decide not to issue a certificate they must notify the applicant and provide the applicant with information as to— a the grounds for the decision not to issue a certificate, and b rights of appeal. 6 The Commission may revoke a certificate if it was granted on the basis of inaccurate, incomplete or misleading information. 7 Where the Commission revoke a certificate, the enforcement undertaking has effect as if the certificate had not been issued. Appeals 21 1 A person who has given an enforcement undertaking may appeal to the sheriff against a decision not to issue a certificate under paragraph 20 on the ground that the decision was— a based on an error of fact, b wrong in law, or c unfair or unreasonable. 2 An appeal must be made within the period of 28 days beginning with the day on which notification of the Electoral Commission's decision is received. PART 5 General and supplemental Combination of sanctions 22 1 The Electoral Commission may not serve on a person a notice under paragraph 2(1) (notice of proposed fixed monetary penalty) in relation to any act or omission in relation to which— a a discretionary requirement has been imposed on that person, or b a stop notice has been served on that person. 2 The Commission may not serve on a person a notice under paragraph 7(1) (notice of proposed discretionary requirement), or serve a stop notice on a person, in relation to any act or omission in relation to which— a a fixed monetary penalty has been imposed on that person, or b the person's liability for a fixed monetary penalty has been discharged as mentioned in paragraph 2(2). Withdrawal or variation of notice 23 1 The Electoral Commission may by notice in writing at any time withdraw a notice served under paragraph 2(4). 2 The Commission may by notice in writing at any time— a withdraw a notice served under paragraph 7(5), b reduce the monetary amount payable under such a notice, or c reduce the steps to be taken under such a notice. 3 The Commission may by notice in writing at any time withdraw a stop notice (but may serve another stop notice in respect of the same activity specified in the withdrawn notice). Use of statements made compulsorily 24 1 The Electoral Commission must not take into account a statement made by a person in compliance with a requirement imposed under schedule 5 in deciding whether— a to impose a fixed monetary penalty on the person, b to impose a discretionary requirement on the person, c to serve a stop notice on the person. 2 Sub-paragraph (1)(a) or (b) does not apply to a penalty or requirement imposed in respect of an offence under paragraph 12(3) of schedule 5 (providing false information in purported compliance with a requirement under that schedule). Unincorporated associations 25 Any amount that is payable under this schedule by an unincorporated association must be paid out of the funds of the association. Guidance as to enforcement 26 1 Guidance (and revised guidance) published by the Electoral Commission under paragraph 25 of Schedule 19C (civil sanctions) to the 2000 Act has effect, with any necessary modifications, for the purposes of this schedule as it has effect for the purposes of that Schedule. 2 The Commission may publish additional guidance in relation to the application of this schedule. 3 Where appropriate, the Commission must revise guidance published under sub-paragraph (2) and publish the revised guidance. 4 The Commission must have regard to the guidance and revised guidance referred to in sub-paragraph (1) and any guidance or revised guidance published under sub-paragraph (2) or (3) in exercising their functions under this Act. Recovery of penalties etc. 27 The Electoral Commission may recover as a civil debt— a a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty, and b any interest or other financial payment for late payment of such a penalty. Payment of penalties etc into Scottish Consolidated Fund 28 Where, in pursuance of any provision contained in or made under this schedule, the Electoral Commission receive— a a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty, b any interest or other financial penalty for late payment of such a penalty, or c a sum paid as mentioned in paragraph 2(2) (in discharge of liability for a fixed monetary penalty), they must pay it into the Scottish Consolidated Fund. Reports on use of civil sanctions 29 1 The Electoral Commission must, in accordance with this paragraph, make a report about the use made by the Commission of their powers under this schedule. 2 The report must, in particular, specify— a the cases in which a fixed monetary penalty or discretionary requirement was imposed or a stop notice served (other than cases in which the penalty, requirement or notice was overturned on appeal), b the cases in which liability for a fixed monetary penalty was discharged as mentioned in paragraph 2(2), c the cases in which an enforcement undertaking was accepted. 3 This paragraph does not require the Commission to include in the report any information that, in their opinion, it would be inappropriate to include on the ground that to do so— a would or might be unlawful, or b might adversely affect any current investigation or proceedings. 4 The report may be made— a in the report by the Commission under section 27, b in a separate report made as soon as reasonably practicable after the report under section 27 is published, or c partly in accordance with paragraph (a) and partly in accordance with paragraph (b). 5 The Commission must— a lay any report under sub-paragraph (4)(b) before the Scottish Parliament, and b after laying, publish the report in such manner as they may determine. Disclosure of information 30 1 Information held by or on behalf of a procurator fiscal or a constable in Scotland may be disclosed to the Electoral Commission for the purpose of the exercise by the Commission of any powers conferred on them under or by virtue of this schedule. 2 It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into effect of this schedule. 3 A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information. 4 This paragraph does not affect a power to disclose that exists apart from this paragraph. Powers of sheriff 31 1 On an appeal under paragraph 2(6) the sheriff may overturn or confirm the penalty. 2 On an appeal under paragraph 7(6), 11(6) or 16(1) the sheriff may— a overturn, confirm or vary the requirement or notice, b take such steps as the Electoral Commission could take in relation to the act or omission giving rise to the requirement or notice, c remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the Commission. 3 On an appeal under paragraph 10(8), 16(2) or 21(1) the sheriff may make an order requiring the Commission to issue (as appropriate)— a a certificate under paragraph 10(1), b a completion certificate under paragraph 15(1), or c a certificate under paragraph 20(1). PART 6 Interpretation 32 In this schedule— “ completion certificate ” has the meaning given in paragraph 15(1), “ discretionary requirement ” has the meaning given in paragraph 6(3), “ enforcement undertaking ” has the meaning given in paragraph 18(1)(b), “ fixed monetary penalty ” has the meaning given in paragraph 1(3), “ non-compliance penalty ” has the meaning given in paragraph 11(1), “ non-monetary discretionary requirement ” has the meaning given in paragraph 6(5), “ responsible person ”, in relation to a permitted participant, has the meaning given in schedule 8, “ restriction ” includes prohibition, “ stop notice ” has the meaning given in paragraph 13(1), “ variable monetary penalty ” has the meaning given in paragraph 6(5). PART 7 Listed campaign offences The following table lists campaign offences for the purposes of this schedule. Provision creating offence General description of campaign offence Section 14(4)(a) Failure to supply information to relevant person as required by schedules 4 to 6 Paragraph 13(2) of schedule 4 Incurring referendum expenses without authority Paragraph 14(4)(a) of schedule 4 Making payment in respect of referendum expenses without authority Paragraph 14(4)(b) of schedule 4 Failure to notify responsible person of payment in respect of referendum expenses Paragraph 15(3)(a) of schedule 4 Paying claim in respect of referendum expenses where failure to comply with procedure Paragraph 15(3)(b) of schedule 4 Paying claim in respect of referendum expenses outside specified time period Paragraph 18(3) of schedule 4 Individual (other than permitted participant) exceeding limits on referendum expenses Paragraph 18(5) of schedule 4 Body (other than permitted participant) exceeding limits on referendum expenses Paragraph 19(6) of schedule 4 Permitted participant exceeding limits on referendum expenses Paragraph 21(7)(a) of schedule 4 Failure to comply with requirements for declaration Paragraph 23(5)(a) of schedule 4 Failure to deliver return to Electoral Commission Paragraph 23(5)(b) of schedule 4 Failure to comply with requirements for return to Electoral Commission Paragraph 23(5)(c) of schedule 4 Failure to deliver to the Electoral Commission a return of sums paid in pursuance of leave given to pay late claims Paragraph 24(4)(b) of schedule 4 Failure of responsible person of permitted participant (other than an individual) to provide or sign declaration with return to Electoral Commission Paragraph 27(7) or (8) of schedule 4 Printing or publishing referendum material without details of printer or publisher Paragraph 34(7) of schedule 4 Failure to provide information about donors Paragraph 35(4) or (6) of schedule 4 Failure to return donations Paragraph 42(10)(a) of schedule 4 Failure to deliver donation reports to Electoral Commission within time limits Paragraph 42(10)(b) of schedule 4 Failure to comply with requirements for recording donations in donation reports Paragraph 43(3)(b) of schedule 4 Failure of responsible person of permitted participant (other than an individual) to provide or sign declaration with donation report Paragraph 52(1) of schedule 4 Permitted participant (individual) knowingly enters into regulated transaction with unauthorised participant Paragraph 52(2) of schedule 4 Permitted participant (other than an individual) knowingly enters into regulated transaction with unauthorised participant Paragraph 52(3) of schedule 4 Responsible person for permitted participant (other than an individual) knowingly enters into regulated transaction with unauthorised participant Paragraph 52(4) of schedule 4 Permitted participant (individual) unknowingly enters into regulated transaction with unauthorised participant and fails to take steps to repay Paragraph 52(5) or (6) of schedule 4 Failure of responsible person for permitted participant (other than an individual) to take steps to repay money received in connection with a regulated transaction with an unauthorised participant which was entered into unknowingly Paragraph 52(7) of schedule 4 Permitted participant (individual) knowingly benefits from regulated transaction with unauthorised participant Paragraph 52(8) or (9) of schedule 4 Permitted participant (other than an individual) knowingly benefits from connected transaction with unauthorised participant Paragraph 52(11) or (12) of schedule 4 Failure of responsible person for permitted participant (other than an individual) to take steps to repay benefits from connected transaction with unauthorised participant which was entered into unknowingly Paragraph 60(10)(a) of schedule 4 Failure to deliver transaction reports to Electoral Commission within time limits Paragraph 61(3)(b) of schedule 4 Failure of responsible person of permitted participant (other than an individual) to provide or sign declaration with report relating to regulated transactions Paragraph 12(1) of schedule 5 Failure to comply with investigation requirement SCHEDULE 7 Offences (introduced by section 31) Personation 1 1 A person (“A”) commits the offence of personation in the referendum if— a A votes in person or by post in the referendum as some other person, whether as a voter or as proxy, and whether that other person is living or dead or is a fictitious person, or b A votes, as proxy, in person or by post in the referendum— i for a person whom A knows or has reasonable grounds for supposing to be dead or to be a fictitious person, or ii when A knows or has reasonable grounds for supposing that A's appointment as proxy is no longer in force. 2 For the purposes of this paragraph, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, is deemed to have voted. 3 A person commits a corrupt practice if the person commits the offence of personation in the referendum or aids, abets, counsels or procures the commission of that offence. Other voting offences 2 1 A person (“A”) commits an offence if— a A votes in person or by post in the referendum, whether as a voter or as proxy, or applies to vote by proxy or by post as a voter or as proxy in the referendum knowing that A is subject to a legal incapacity to vote in the referendum, b A applies for the appointment of a proxy to vote for A in the referendum knowing that A or the person to be appointed is subject to a legal incapacity to vote in the referendum, or c A votes, whether in person or by post, as proxy for some other person in the referendum, knowing that the other person is subject to a legal incapacity to vote. 2 For the purposes of sub-paragraph (1), references to a person being subject to a legal incapacity to vote do not, in relation to things done before the date of the referendum, include the person's being below voting age if the person will be of voting age on that date. 3 A person (“A”) commits an offence if— a A votes as a voter more than once in the referendum, b A votes as a voter in person in the referendum when A is entitled to vote by post, c A votes as a voter in person in the referendum knowing that a person appointed to vote as A's proxy in the referendum either has already voted in person in the referendum or is entitled to vote by post in the referendum, or d A applies for a person to be appointed as A's proxy to vote for A in the referendum without applying for the cancellation of a previous appointment of a third person then in force in respect of the referendum or without withdrawing a pending application for such an appointment in respect of the referendum. 4 A person (“A”) commits an offence if— a A votes as proxy for the same voter more than once in the referendum, b A votes in person as proxy for a voter in the referendum when A is entitled to vote by post as proxy in the referendum for that voter, c A votes in person as proxy for a voter in the referendum knowing that the voter has already voted in person or by post in the referendum, or d A votes by post as proxy for a voter in the referendum knowing that the voter has already voted in person or by post in the referendum. 5 A person (“A”) commits an offence if A votes in the referendum as proxy for more than two persons of whom A is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild. 6 A person (“A”) commits an offence if A knowingly induces or procures some other person to do an act which is, or but for that other person's lack of knowledge would be, an offence by that other person under any of sub-paragraphs (1) to (5). 7 For the purposes of this paragraph a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, is deemed to have voted. 8 For the purpose of determining whether an application for a ballot paper constitutes an offence under sub-paragraph (5), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper is, if the person does not exercise that right, to be disregarded. 9 A person does not commit an offence under sub-paragraph (3)(b) or (4)(b) only by reason of the person's having marked a tendered ballot paper in pursuance of rule 24 of the conduct rules. 10 An offence under this paragraph is an illegal practice, but the court before which a person is convicted of any such offence may, if the court thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of paragraph 18. 11 In this paragraph “ legal incapacity to vote ” has the meaning given by section 2(2) of the Scottish Independence Referendum (Franchise) Act 2013. Imitation poll cards 3 1 A person commits an offence if the person, for the purpose of promoting or procuring a particular outcome in the referendum, issues any poll card or document so closely resembling an official poll card as to be calculated to deceive. 2 An offence under sub-paragraph (1) is an illegal practice, but the court before which a person is convicted of any such offence may, if the court thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of paragraph 18. Offences relating to applications for postal and proxy votes 4 1 A person (“A”) commits an offence if A— a engages in an act specified in sub-paragraph (2) in connection with the referendum, and b intends, by doing so, to deprive another of an opportunity to vote in the referendum or to make for A or another a gain of a vote in the referendum to which A or the other is not otherwise entitled or a gain of money or property. 2 These are the acts— a applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person), b otherwise making a false statement in, or in connection with, an application for a postal or proxy vote or providing false information in, or in connection with, such an application, c inducing the registration officer or counting officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote, d causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient. 3 In sub-paragraph (1)(b), property includes any description of property. 4 In sub-paragraph (2), a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or proxy postal ballot paper (as the case may be). 5 A person commits a corrupt practice if the person commits an offence under sub-paragraph (1) or aids, abets, counsels or procures the commission of that offence. Breach of official duty 5 1 If a person to whom this paragraph applies without reasonable cause (and whether by act or omission) breaches the person's official duty, the person commits an offence. 2 A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 3 No person to whom this paragraph applies is liable for breach of official duty to any penalty at common law and no action for damages lies in respect of the breach by such a person of the person's official duty. 4 The persons to whom this paragraph applies are— a the Chief Counting Officer, b any proper officer, registration officer, counting officer or presiding officer, and c any deputy of a person mentioned in paragraph (a) or (b) or any other person appointed to assist or, in the course of the other person's employment, assisting a person so mentioned in connection with that person's official duties, and “official duty” for the purpose of this paragraph is to be construed accordingly, but does not include duties imposed otherwise than by this Act. Tampering with ballot papers etc. 6 1 A person (“A”) commits an offence if, in connection with the referendum— a A fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any postal voting statement or official envelope used in connection with voting by post, b A, without due authority, supplies any ballot paper to any person, c A fraudulently puts into any ballot box any paper other than the ballot paper which A is authorised by law to put in, d A fraudulently takes out of the polling station any ballot paper, e A, without due authority, destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the referendum, or f A fraudulently or without due authority (as the case may be) attempts to do any of the acts mentioned in paragraphs (a) to (e). 2 A person commits an offence if, in connection with the referendum, the person forges or counterfeits (or attempts to forge or counterfeit) any ballot paper or the official mark on any ballot paper. 3 If a counting officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers in the referendum, commits an offence under this paragraph, the officer or clerk is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both). 4 If any other person commits an offence under this paragraph the person is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or both). Requirement of secrecy 7 1 Every person (other than one mentioned in sub-paragraph (2)) attending at a polling station in the referendum must maintain and aid in maintaining the secrecy of voting in the referendum and must not, except for a purpose authorised by law, communicate to any person before the close of the poll the information described in sub-paragraph (3). 2 Sub-paragraph (1) does not apply to— a a person attending at the polling station for the purpose of voting, b a person under the age of 16 accompanying a voter or a proxy for a voter, c a companion of a voter with disabilities, d a constable on duty at the polling station. 3 The information referred to in sub-paragraph (1) is any information as to— a the name of any voter or proxy for a voter who has or has not applied for a ballot paper or voted at a polling station, b the number on the Polling List of any voter who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station, c the official mark being used in accordance with rule 6 of the conduct rules. 4 Every person attending at the counting of the votes in the referendum must maintain and aid in maintaining the secrecy of voting in the referendum and must not— a ascertain or attempt to ascertain at the counting of the votes the unique identifying number on the back of any ballot paper, b communicate any information obtained at the counting of the votes as to the outcome for which any vote is given on any particular ballot paper. 5 A person must not— a interfere with or attempt to interfere with a voter when recording the voter's vote in the referendum, b otherwise obtain or attempt to obtain in a polling station information as to the outcome for which a voter in that station is about to vote or has voted in the referendum, c communicate at any time to any person any information obtained in a polling station in the referendum as to the outcome for which a voter in that station is about to vote or has voted, or as to the unique identifying number on the back of a ballot paper given to a voter at that station, or d directly or indirectly induce a voter to display a ballot paper after the voter has marked it so as to make known to any person any outcome for which the voter has or has not voted in the referendum. 6 In sub-paragraph (5), references to a voter include references to a proxy for a voter. 7 Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post in the referendum must maintain and aid in maintaining the secrecy of voting in the referendum and must not— a except for a purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark, b except for a purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the unique identifying number on the back of any ballot paper sent to any person, c except for a purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the unique identifying number on the back of any ballot paper, or d attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the outcome for which any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings. 8 A companion of a voter with disabilities must not communicate at any time to any person any information as to the outcome for which that voter intends to vote or has voted, or as to the unique identifying number on the back of a ballot paper given for the use of that voter. 9 If a person acts in contravention of this paragraph the person commits an offence. 10 A person who commits an offence under sub-paragraph (9) is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or both). 11 In this paragraph a voter with disabilities is a voter who has made a declaration under rule 23(1) of the conduct rules. Prohibition on publication of exit polls 8 1 No person may publish before the close of the poll— a any statement relating to the way in which voters have voted in the referendum where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or b any forecast as to the result of the referendum which is (or might reasonably be taken to be) based on information so given. 2 If a person acts in contravention of this paragraph the person commits an offence. 3 A person who commits an offence under sub-paragraph (2) is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or both). 4 In this paragraph— “ forecast ” includes estimate, “ publish ” means make available to the public at large (or any section of the public), in whatever form and by whatever means, “ voters ” includes proxies for voters, any reference to the result of the referendum is a reference to the result for the whole of Scotland or the result in one or more local government areas. Payments to voters for exhibition of referendum notices 9 1 No payment or contract for payment may, for the purposes of promoting a particular outcome in the referendum, be made to a voter on account of— a the exhibition of, or b the use of any house, land, building or premises for the exhibition of, any bill, advertisement or notice. 2 Sub-paragraph (1) does not apply if— a it is the ordinary business of the voter to exhibit bills, advertisements or notices for payment, and b the payment or contract is made in the ordinary course of that business. 3 If a payment or contract for payment is knowingly made in contravention of sub-paragraph (1) (whether before, during or after the referendum), each of the following persons commits an offence— a the person who makes the payment or enters into the contract, b the person who receives the payment or is a party to the contract (if the person knows the payment or contract is in contravention of sub-paragraph (1)). 4 An offence under sub-paragraph (3) is an illegal practice. Treating 10 1 A person (“A”) commits the offence of treating in connection with the referendum if A, whether before, during or after the referendum, corruptly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person— a for the purpose of corruptly influencing that person or any other person to vote or refrain from voting in the referendum, or b on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting, in the referendum. 2 Sub-paragraph (1) applies regardless of whether an act is done— a directly or indirectly, b by A or by another person on A's behalf. 3 A voter or proxy who corruptly accepts or takes any such meat, drink, entertainment or provision also commits the offence of treating in connection with the referendum. 4 A person commits a corrupt practice if the person commits the offence of treating in connection with the referendum. Undue influence 11 1 A person (“A”) commits the offence of undue influence in connection with the referendum if— a A makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, personally or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting in the referendum, or on account of that person having voted or refrained from voting, in the referendum, or b by abduction, duress or any fraudulent device or contrivance, A impedes or prevents, or intends to impede or prevent, the free exercise of the franchise of a voter or proxy for a voter in the referendum, or so compels, induces or prevails upon, or intends so to compel, induce or prevail upon, a voter or proxy for a voter either to vote or to refrain from voting in the referendum. 2 Sub-paragraph (1)(a) applies regardless of whether an act is done— a directly or indirectly, b by the person or by another person on the person's behalf. 3 A person commits a corrupt practice if the person commits the offence of undue influence in connection with the referendum. Bribery 12 1 A person commits the offence of bribery in connection with the referendum if the person— a gives any money or procures any office— i to or for any voter, ii to or for any other person on behalf of any voter, or iii to or for any other person, in order to induce any voter to vote or refrain from voting in the referendum, b corruptly makes any gift or procurement as mentioned in paragraph (a) on account of any voter having voted or refrained from voting in the referendum, c makes any gift or procurement as mentioned in paragraph (a) to or for any person in order to induce that person to procure, or endeavour to procure, any particular outcome in the referendum, or d upon or in consequence of any such gift or procurement as mentioned in paragraph (a), procures or engages, promises or endeavours to procure any particular outcome in the referendum. 2 A person commits the offence of bribery in connection with the referendum if the person— a advances or pays or causes to be paid any money to or for the use of any other person with the intent that the money or any part of it is to be expended in bribery in connection with the referendum, or b knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or partly expended in bribery in connection with the referendum. 3 A voter commits the offence of bribery in connection with the referendum if, whether before or during the referendum, the voter receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment for the voter or for any other person for— a voting or agreeing to vote in the referendum, or b refraining or agreeing to refrain from voting in the referendum. 4 A person commits the offence of bribery in connection with the referendum if, after the referendum, the person receives any money or valuable consideration on account of any person— a having voted or refrained from voting in the referendum, or b having induced any other person to vote or refrain from voting in the referendum. 5 Sub-paragraphs (1) to (4) apply regardless of whether an act is done— a directly or indirectly, b by the person or by another person on the person's behalf. 6 For the purposes of sub-paragraph (1)— a references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or to endeavour to procure any money or valuable consideration, b references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment. 7 Sub-paragraphs (1) and (2) do not apply to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning the referendum. 8 A person commits a corrupt practice if the person commits the offence of bribery in connection with the referendum. 9 In this paragraph, the expression “ voter ” includes— a a proxy for a voter, and b any other person who has or claims to have a right to vote in the referendum. Disturbances at public meetings 13 1 A person commits an offence if the person, at a lawful public meeting to which this paragraph applies, acts (or incites others to act) in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together. 2 This paragraph applies to a meeting held in connection with the referendum during the referendum period. 3 An offence under this paragraph is an illegal practice. Illegal canvassing by police officers 14 1 A person who is a constable commits an offence if the person by word, message, writing or in any other manner, endeavours to persuade any person to give (or dissuade any person from giving) the person's vote in the referendum. 2 A person is not liable under sub-paragraph (1) for anything done in the discharge of the person's duty as a constable. 3 A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Prosecutions for corrupt practices 15 A person who commits a corrupt practice under any provision of this schedule is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), b on conviction on indictment— i in the case of a corrupt practice under paragraph 1 or 4, to imprisonment for a term not exceeding 2 years or to a fine (or both), ii in any other case, to imprisonment for a term not exceeding 12 months or to a fine (or both). Prosecutions for illegal practices 16 1 A person who commits an illegal practice under any provision of this schedule is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 2 On a prosecution for such an illegal practice it is sufficient to allege that the person charged has committed an illegal practice. Conviction of illegal practice on charge of corrupt practice etc. 17 A person charged with a corrupt practice under any provision of this schedule may, if the circumstances warrant such finding, be convicted of an illegal practice (which offence is for that purpose to be an indictable offence), and a person charged with an illegal practice may be convicted of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice. Incapacity to hold public or judicial office in Scotland 18 1 A person convicted of a corrupt or illegal practice under any provision of this schedule— a is for the period of 5 years beginning with the date of the person's conviction, incapable of holding any public or judicial office in Scotland (within the meaning of section 185 of the 1983 Act), and b if already holding such an office, vacates it as from that date. 2 Sub-paragraph (1) applies in addition to any punishment imposed on the person under paragraph 15 or 16. Prohibition of paid canvassers 19 If a person is, whether before or during the referendum, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting a particular outcome in the referendum— a the person so engaging or employing the canvasser, and b the canvasser, commits the offence of illegal employment. Providing money for illegal purposes 20 If a person knowingly provides money— a for any payment which is contrary to the provisions of this Act, b for any expenses incurred in excess of the maximum amount allowed by this Act, or c for replacing any money expended in any such payment or expenses, the person commits the offence of illegal payment. Prosecutions for illegal employment or illegal payment 21 1 A person who commits an offence of— a illegal employment under paragraph 19, or b illegal payment under paragraph 20, is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 2 On a prosecution for such an illegal employment or illegal payment it is sufficient to allege that the person charged has committed the offence of illegal employment or illegal payment (as the case may be). 3 A person charged with an offence of illegal employment or illegal payment may be convicted of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice. SCHEDULE 8 Interpretation (introduced by section 35) In this Act— “ the 1983 Act ” means the Representation of the People Act 1983, “ the 2000 Act ” means the Political Parties, Elections and Referendums Act 2000, “ absent vote ” is to be construed in accordance with paragraph 1(8)(a) of schedule 2, “ anonymous entry ” in relation to a register of electors, is to be construed in accordance with section 9B of the 1983 Act, and “ record of anonymous entries ” means the record prepared under regulation 45A of the Representation of the People (Scotland) Regulations 2001 (SI 2001/497), “ assisted voters list ” has the meaning given in rule 23(8) of the conduct rules, “ ballot paper account ” has the meaning given in rule 28(4) of the conduct rules, “ campaign offence ” means an offence under section 14 or any of schedules 4 to 6, “ campaign organiser ”, in relation to referendum expenses, means the individual or body by whom or on whose behalf the expenses are incurred, “ Chief Counting Officer ” means the person appointed under section 5(1) or (6), “ companion ” has the meaning given in rule 23(1) of the conduct rules, “ companion declaration ” has the meaning given in rule 23(2) of the conduct rules, “ completed corresponding number list ” has the meaning given in rule 28(2)(e) of the conduct rules, “ conduct rules ” means the rules set out in schedule 3, “ corresponding number list ” means the list prepared in accordance with rule 5 of the conduct rules, “ council ” means a council constituted by section 2 of the Local Government etc. (Scotland) Act 1994, “ counting agent ” has the meaning given by rule 14(8) of the conduct rules, “ counting officer ” means a person appointed under section 6(1) or (5), “ cut-off date ” has the meaning given in paragraph 19(1) of schedule 2, “ data form ” means information which is in a form which is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose, “ date of the referendum ” means the date on which the poll at the referendum is to be held in accordance with section 1(4) or (6), “ designated organisation ” means a permitted participant that has been designated under paragraph 6 of schedule 4, “ education authority ” has the same meaning as in the Education (Scotland) Act 1980, “ list of proxies ” means the list kept under paragraph 4(3) of schedule 2, “ local government area ” is to be construed in accordance with section 1 of the Local Government etc. (Scotland) Act 1994, “ marked copy ” has the meaning given in paragraph 56(10) of schedule 2, “ marked votes list ” has the meaning given in rule 22(2) of the conduct rules, “ members of the Chief Counting Officer's staff ” means staff appointed or provided under section 7(8), “ members of the counting officer's staff ” means staff provided under section 7(9), “ minor party ” has the same meaning as in the 2000 Act, “money” and “pecuniary reward” (except in schedule 4 and paragraph 12 of schedule 7) include— any office, place or employment, any valuable security or other equivalent of money, and any valuable consideration, and expressions referring to money are to be construed accordingly, “ organisation ” includes any body corporate and any combination of persons or other unincorporated association, “ outcome ” means a particular outcome in relation to the referendum question, “ payment ” includes any pecuniary or other reward, “ permissible donor ” is to be construed in accordance with paragraph 1(2) of schedule 4, “ permitted participant ” has the meaning given in paragraph 2 of schedule 4, “ personal identifiers record ” means the record kept by a registration officer under paragraph 11 of schedule 2, “ polling agent ” has the meaning given by rule 14(8) of the conduct rules, “ polling day alterations list ” has the meaning given in rule 26(2) of the conduct rules, “ Polling List ” has the meaning given in paragraph 18(2) of schedule 2, “ postal ballot agent ” has the meaning given by paragraph 20(8) of schedule 2, “ postal ballot paper ” has the meaning given in paragraph 47 of schedule 2, “ postal voters list ” means the list kept under paragraph 4(2) of schedule 2, “ postal voting statement ” means the statement referred to in rule 8(1)(b) of the conduct rules, “ presiding officer ” means an officer appointed under rule 10(1)(a) of the conduct rules, “ proper officer ” has the meaning given in section 235(3) of the Local Government (Scotland) Act 1973, “ proxy postal voters list ” means the list kept under paragraph 6(7) of schedule 2, “ qualifying address ” in relation to a person registered in the register of electors, is the address in respect of which that person is entitled to be so registered, “ referendum agent ” has the meaning given in section 17, “ referendum campaign ” means a campaign conducted with a view to promoting or procuring a particular outcome in the referendum, “ referendum campaign broadcast ” means a broadcast the purpose (or main purpose) of which is or may reasonably be assumed to be— to further any referendum campaign, or otherwise to promote or procure any particular outcome in the referendum, “ referendum expenses ” is to be construed in accordance with paragraph 10 of schedule 4, “ referendum period ” means the period of 16 weeks ending with the date of the referendum, “ referendum question ” means the question to be voted on in the referendum (as set out in section 1(2)), “ register of electors ” means (as the case may be)— the register of local government electors for any area, or the register of young voters for any area, “ register of local government electors ” means the register of local government electors maintained under section 9(1)(b) of the 1983 Act for any area in Scotland, “ register of young voters ” means the register of young voters maintained under section 4 of the Scottish Independence Referendum (Franchise) Act 2013 for any area, “ registered party ” means a party registered under Part 2 of the 2000 Act other than a Gibraltar party (within the meaning of that Act), “ registration officer ” means a registration officer appointed under section 8(3) of the 1983 Act, “ regulated transaction ” is to be construed in accordance with paragraph 46 of schedule 4, “ relevant citizen of the European Union ” means a citizen of the Union who is not a Commonwealth citizen or a citizen of the Republic of Ireland, “ relevant counting officer ”, in relation to a registration officer, means the counting officer for the local government area for which the registration officer is appointed, “ relevant donation ” has the meaning given in paragraph 29 of schedule 4, “ responsible person ” means, in relation to a permitted participant— if the permitted participant is a registered party— the treasurer of the party, or) in the case of a minor party, the person for the time being notified to the Electoral Commission by the party in accordance with paragraph 3(1)(b) of schedule 4, if the permitted participant is an individual, that individual, and otherwise, the person or officer for the time being notified to the Electoral Commission by the permitted participant in accordance with paragraph 3(3)(a)(ii) of schedule 4, “ SPCB ” means the Scottish Parliamentary Corporate Body, “ spoilt ballot paper ” has the meaning given in rule 25(1) of the conduct rules, “ tendered ballot paper ” means a ballot paper referred to in rule 24(6) of the conduct rules, “ tendered votes list ” has the meaning given in rule 24(8) of the conduct rules, “ treasurer ”, in relation to a registered party, has the same meaning as in the 2000 Act, “ unique identifying number ” means the number on the back of a ballot paper which is unique to that ballot paper and which identifies that ballot paper as a ballot paper to be issued by the counting officer, “ verification statement ” has the meaning given in rule 30(2) of the conduct rules, “voter” (except in the conduct rules) means a person entitled to vote in the referendum in the person's own right (as opposed to a person entitled to vote as proxy for another), “voter” (in the conduct rules) means a person voting at the referendum and includes (except where the context requires otherwise) a person voting as proxy and “vote” (whether as noun or verb) is to be construed accordingly except that any reference to a voter voting or a voter's vote includes a reference to a voter voting by proxy or a voter's vote given by proxy, “ voter number ” means, in relation to a person registered in the register of local government electors, the person's electoral number, “ voting age ” means age 16 or over.
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[uk-legislation-asp][asp] 2024-05-04 Scottish Independence Referendum (Franchise) Act 2013 (repealed)
http://www.legislation.gov.uk/asp/2013/13/2015-01-01
http://www.legislation.gov.uk/asp/2013/13/2015-01-01 Scottish Independence Referendum (Franchise) Act 2013 (repealed) An Act of the Scottish Parliament to make provision about those who are entitled to vote in a referendum on the independence of Scotland, including provision for the establishment of a register of young voters for the purposes of such a referendum. text text/xml en Statute Law Database 2020-06-08 Expert Participation 2015-01-01 Scottish Independence Referendum (Franchise) Act 2013 (repealed) 2013 asp 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of Act Application to independence referendum 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Franchise at independence referendum Those entitled to vote in an independence referendum 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offenders in prison etc. not to be entitled to vote 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of young voters Register of young voters 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Those entitled to be registered in the register of young voters 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of enactments relating to registration 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration of local connection: additional ground for young people 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Children etc. of people with a service qualification 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of young voters: canvass form 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of young voters not to be published 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration officers' expenses Registration officers' expenses 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Power to make supplementary etc. provision and modifications 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commencement 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short title 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 1 APPLICATION OF ENACTMENTS (introduced by section 6(1)) PART 1 GENERAL MODIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 THE 1983 ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 REPRESENTATION OF THE PEOPLE (SCOTLAND) REGULATIONS 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 OTHER ENACTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 2 CANVASS FORM (introduced by section 8) Act ceases to have effect (1.1.2015) by virtue of Scottish Independence Referendum (Franchise) Act 2013 (asp 13) , s. 14
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[uk-legislation-asp][asp] 2024-05-04 Post-16 Education (Scotland) Act 2013
http://www.legislation.gov.uk/asp/2013/12/2015-03-31
http://www.legislation.gov.uk/asp/2013/12/2015-03-31 Post-16 Education (Scotland) Act 2013 An Act of the Scottish Parliament to make provision about the support for, and the governance of, further and higher education institutions, including provision for the regionalisation of colleges; to make provision for reviews of how further and higher education is provided; to make provision for sharing information about young people's involvement in education and training; and for connected purposes. text text/xml en Statute Law Database 2015-05-26 Expert Participation 2015-03-31 Post-16 Education (Scotland) Act 2013 2013 asp 12 An Act of the Scottish Parliament to make provision about the support for, and the governance of, further and higher education institutions, including provision for the regionalisation of colleges; to make provision for reviews of how further and higher education is provided; to make provision for sharing information about young people's involvement in education and training; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 26th June 2013 and received Royal Assent on 7th August 2013 Introductory Interpretation 1 In this Act— “ the 1992 Act ” means the Further and Higher Education (Scotland) Act 1992, “ the 2005 Act ” means the Further and Higher Education (Scotland) Act 2005. Terms and conditions of higher education funding Higher education institutions: good governance 2 After section 9 of the 2005 Act insert— Higher education institutions: good governance 9A The Scottish Ministers may, under section 9(2), impose a condition that the Council must, when making a payment to a higher education institution under section 12(1), require the institution to comply with any principles of governance which appear to the Council to constitute good practice in relation to higher education institutions. . Widening access to higher education 3 After section 9B of the 2005 Act, inserted by section 14, insert— Widening access to fundable higher education 9C 1 The Scottish Ministers may, under section 9(2), impose terms and conditions for the purposes of enabling, encouraging or increasing participation in fundable higher education by persons belonging to any socio-economic group which they reasonably consider to be under-represented in such education. 2 The Scottish Ministers may, in particular, impose a condition that the Council, when making a payment to a higher education institution under section 12(1), must require the institution to comply with a widening access agreement which makes provision in relation to— a any socio-economic group which the Scottish Ministers reasonably consider to be under-represented in fundable higher education; and b other socio-economic groups, if any, which the Council and the institution agree are under-represented in fundable higher education. 3 A “widening access agreement” is an agreement between a higher education institution and the Council under which the institution is to take actions specified in the agreement for the purposes of enabling, encouraging or increasing participation in fundable higher education provided by the institution by persons belonging to socio-economic groups which are under-represented in fundable higher education (either generally or in such education provided by the institution). 4 Before entering into a widening access agreement in pursuance of this section, a higher education institution must consult— a the representatives of any trade union which the institution recognises or which otherwise appears to it to be representative of its staff; and b the institution's students' association. 5 For the purposes of this section, a socio-economic group is to be treated as under-represented in fundable higher education if participation in such education by persons in that group is disproportionately low. 6 The Scottish Ministers, the Council and higher education institutions may take into account any social or economic characteristics which they consider appropriate when determining which groups are to constitute “ socio-economic groups ” for the purposes of this section. . Fee cap: students liable for higher education fees 4 After section 9C of the 2005 Act, inserted by section 3, insert— Fee cap: students liable for higher education fees 9D 1 The Scottish Ministers may, under section 9(2), impose a condition that the Council must, when making a payment under section 12(1)— a where the payment is made to a fundable post-16 education body which provides fundable higher education, impose on that body a condition that it complies with the requirement set out in subsection (2); b where the payment is made to a regional strategic body, impose on that body a condition that it must, when making a payment under section 12B(1) to any of its colleges which provides fundable higher education, impose on the college a condition that it complies with the requirement set out in subsection (2). 2 The requirement is that the post-16 education body to whom the payment is made is to secure that the fees paid to it— a by persons in respect of whom it is authorised or required to charge higher fees by virtue of regulations made under section 1 of the Education (Fees and Awards) Act 1983 (or by such class of such persons as the Scottish Ministers may by order specify); b in connection with their attending in an academic year such courses of education as the Scottish Ministers may by order specify, do not exceed such amount as the Scottish Ministers may by order specify. 3 The Scottish Ministers, when making an order under this section, must seek to ensure— a that, subject to any exceptions which they consider appropriate, it applies only in relation to fees payable by persons who have a connection with the United Kingdom; and b that the amount of fees payable by a person attending any course of education provided by a post-16 education body in any particular academic year does not exceed the maximum amount of fees which that person would by virtue of any enactment be liable to pay if attending any higher education course provided elsewhere in the United Kingdom during that year. 4 The Scottish Ministers may not specify courses under subsection (2)(b) in such a way as to discriminate between different courses which are— a for the training of persons preparing to be teachers; and b open only to persons holding a degree, on the basis of the subject in which such training is given. 5 References in this section to the United Kingdom include references to the Channel Islands and the Isle of Man. . College reorganisation Regional colleges 5 1 After section 7 of the 2005 Act insert— Regional colleges 7A 1 The Scottish Ministers may by order designate as a regional college any college of further education whose board of management is (or is to be) established in pursuance of Part 1 of the 1992 Act. 2 Before making an order under this section, the Scottish Ministers must consult— a the board of management of the college to which the order relates (where that board is already established); b the representatives of any trade union which the college recognises or which otherwise appears to the Scottish Ministers to be representative of its staff; c the college's students' association; d the local authority for the area in which the college is situated; e the Council; and f any other person appearing to the Scottish Ministers as likely to be affected by the order. . 2 After section 23 of the 2005 Act insert— Regional colleges: functions Regional colleges: general duty 23A 1 It is the duty of a regional college to exercise its functions with a view to securing the coherent provision of a high quality of fundable further education and fundable higher education in the locality of the regional college. 2 In doing so, the regional college must have regard to any fundable further education and fundable higher education provided by other post-16 education bodies in the locality of the regional college. Regional colleges: planning, consultation and collaboration 23B 1 A regional college must plan for— a how it proposes to provide fundable further education and fundable higher education; and b how it intends to exercise its other functions. 2 When making plans, a regional college must have regard to the importance of ensuring that funds made available to it under section 12 are used as economically, efficiently and effectively as possible. 3 A regional college must, where it considers it appropriate to do so in the exercise of its functions, consult— a the representatives of any trade union which it recognises or which otherwise appears to it to be representative of its staff; b its students' association; c the local authority for the area in which the regional college is situated; d the governing body of any other post-16 education body which provides fundable further education or fundable higher education in the locality of the regional college; e any other regional college or regional strategic body whom it considers likely to have an interest in the matter concerned; f any person who appears to it to be representative of employers in the locality of the regional college; g any person who appears to it to be representative of the interests of any sector for which the regional college provides specialist education or training; h The Open University; i The Skills Development Scotland Co. Limited; j the Scottish Qualifications Authority; and k Scottish Enterprise or Highlands and Islands Enterprise (as appropriate). 4 Any particular requirement for consultation imposed on a regional college by virtue of this or any other enactment is without prejudice to subsection (3). 5 A regional college must, so far as is consistent with the proper exercise of its functions, seek to secure the collaboration with the regional college of the following persons— a the representatives of any trade union which the regional college recognises or which otherwise appears to it to be representative of its staff; b the regional college's students' association; c the local authority for the area in which the regional college is situated; d the governing body of any other post-16 education body which provides fundable further education or fundable higher education in the locality of the regional college; e any other regional college or regional strategic body whom it considers it appropriate to collaborate with; f The Open University; g The Skills Development Scotland Co. Limited; h the Scottish Qualifications Authority; and i Scottish Enterprise or Highlands and Islands Enterprise (as appropriate). 6 The Scottish Ministers may by order modify subsection (3) or (5) by— a adding or removing persons, or types of persons, to which those provisions apply; or b varying the description of any such person or type of person. 7 But such an order may not modify paragraph (a) or (b) of subsection (3). Regional colleges: improvement of economic and social well-being 23C 1 A regional college is to exercise its functions with a view to improving the economic and social well-being of the locality of the regional college. 2 In doing so, the regional college is to have regard to— a social and economic regeneration needs in the locality; and b social cohesion and social inclusion issues in the locality. 3 For the purposes of subsection (2)(a), “ needs ” means needs which appear to the regional college— a to exist for the time being or be likely to exist in the future; and b to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education. 4 For the purposes of subsection (2)(b), “ issues ” means issues which appear to the regional college— a to exist for the time being or be likely to exist in the future; and b to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education. Regional college to have regard to particular matters 23D 1 In exercising its functions, a regional college is to have regard to— a skills needs in the locality of the regional college; b issues affecting the economy of the locality of the regional college; c social and cultural issues in the locality of the regional college; and d the needs and issues in relation to Scotland identified by the Council for the purposes of section 20(1). 2 In exercising its functions, a regional college is to have regard to the desirability of the achieving of sustainable development. 3 In exercising its functions, a regional college is to have regard to the— a United Kingdom context; and b international context, in which it carries on its activities. 4 In exercising its functions, a regional college is to have regard to the educational and related needs (including support needs) of persons who are, and the likely educational and related needs (including support needs) of persons who might wish to become, students of the college. 5 In exercising its functions, a regional college is to have regard to the desirability of enabling, encouraging and improving participation in fundable further education and fundable higher education by persons belonging to any socio-economic group which the regional college reasonably considers to be under-represented in such education. 6 For the purposes of subsection (1)(a), “ skills needs ” means any requirement or desirability for skills or knowledge which appears to the regional college— a to exist for the time being or be likely to exist in the future; and b to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education. 7 For the purposes of subsection (1)(b) and (c), “ issues ” means issues which appear to the regional college— a to exist for the time being or be likely to exist in the future; and b to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education. 8 For the purposes of subsection (5), a socio-economic group is to be treated as under-represented in fundable further education or fundable higher education if participation in such education by persons in that group is disproportionately low. 9 A regional college may take into account any social or economic characteristics which it considers appropriate when determining which groups are to constitute “ socio-economic groups ” for the purposes of subsection (5). 10 A regional college is to have regard to the under-represented socio-economic groups identified by the Council for the purposes of section 20(4A) when determining— a which groups are to constitute “ socio-economic groups ” for the purposes of subsection (5); and b whether a socio-economic group so determined is under-represented in fundable further education or fundable higher education. . Colleges: boards of management 6 1 For paragraph 3 of Schedule 2 to the 1992 Act substitute— 3 1 The board of a regional college is to consist of no fewer than 15 nor more than 18 members. 2 The board is to be comprised of— a a person appointed by the Scottish Ministers to chair meetings of the board (the “chairing member”); b the principal of the college; c a person appointed by being elected by the teaching staff of the college from among their own number; d a person appointed by being elected by the non-teaching staff of the college from among their own number; e two persons appointed by being nominated by the students' association of the college from among the students of the college; and f other members appointed by the board. 3 An appointment made in pursuance of sub-paragraph (2)(f) has effect only if approved by— a the chairing member; and b the Scottish Ministers. 4 A person is not eligible for appointment as the chairing member under sub-paragraph (2)(a) if the person is— a a member of the Scottish Parliament; b a member of the House of Lords; c a member of the House of Commons; d a member of the European Parliament; or e the principal of the college, but such a person may otherwise be appointed as a member of the board. 3A 1 The board of a college which is not a regional college is to consist of no fewer than 13 nor more than 18 members. 2 The board is to be comprised of— a a person appointed by the regional strategic body to chair meetings of the board (the “chairing member”); b the principal of the college; c a person appointed by being elected by the teaching staff of the college from among their own number; d a person appointed by being elected by the non-teaching staff of the college from among their own number; e two persons appointed by being nominated by the students' association of the college from among the students of the college; and f other members appointed by the regional strategic body. 3B 1 An election to appoint members in pursuance of paragraph 3(2)(c) or (d) or 3A(2)(c) or (d) is to be conducted in accordance with rules made by the board. 2 Before making, varying or replacing rules about elections to be held in pursuance of paragraph 3(2)(c) or 3A(2)(c), the board must consult the representatives of any trade union which the board recognises as being, or which otherwise appears to the board to be, representative of the teaching staff of the college. 3 Before making, varying or replacing rules about elections to be held in pursuance of paragraph 3(2)(d) or 3A(2)(d), the board must consult the representatives of any trade union which the board recognises as being, or which otherwise appears to the board to be, representative of the non-teaching staff of the college. 3C 1 In appointing members under paragraph 3(2) or 3A(2) and in extending the period of appointment of any member so appointed, the board or, as the case may be, regional strategic body must have regard to any guidance issued by the Scottish Ministers in relation to the making of such appointments (including any guidance on the desirability of appointing members with particular skills and experience). 2 Before issuing guidance under sub-paragraph (1), the Scottish Ministers must consult— a any board to which the guidance relates; b where it relates to the board of a college which is not a regional college, the regional strategic body for the college; c the local authority for any area in which the board to which the guidance relates is situated; d the relevant students' associations; e the representatives of any trade union which is recognised by a board to which the guidance relates or which otherwise appears to the Scottish Ministers to be representative of its staff; f the Council; g any body which appears to the Scottish Ministers to be representative of colleges of further education; h any body which appears to the Scottish Ministers to be representative of local authorities; i any body which appears to the Scottish Ministers to be representative of students of colleges of further education generally; and j any body which appears to the Scottish Ministers to be representative of trade unions in Scotland. 3 Different guidance may be issued for different purposes. . 2 The Scottish Ministers may make such arrangements in relation to a board of management of a college of further education as they consider appropriate in connection with the coming into force of subsection (1) and may, in particular— a appoint on terms and conditions determined by them persons who are, from the day on which that subsection comes into force, to hold office as a member of the board as if appointed under paragraph 3(2)(a) or (f) or, as the case may be, 3A(2)(a) or (f) of Schedule 2 to the 1992 Act, or b in the case of persons who are members of the board immediately before that day— i make arrangements for them to continue in office from that day as if appointed under such provision of paragraph 3 or, as the case may be, 3A of Schedule 2 to the 1992 Act as they may determine, or ii remove them from office. Colleges: mismanagement 7 For section 24 of the 1992 Act substitute— Mismanagement by boards 24 1 This section applies where— a it appears to the Scottish Ministers that the board of management of any college of further education— i have committed or are committing a serious breach of any term or condition of a grant made to them under section 12 or 12B of the Further and Higher Education (Scotland) Act 2005 (“ the 2005 Act ”); ii have committed or are committing repeated breaches of such terms or conditions; iii have failed, or are failing, to provide or secure the provision of education of such standard as the Scottish Ministers consider appropriate; iv have failed, or are failing, to discharge any of their duties properly; or v have mismanaged, or are mismanaging, their financial or other affairs; or b the Council has informed the Scottish Ministers that a college of further education whose board of management is established in pursuance of this Part is not, or is no longer, a body for which there are suitable provisions, procedures and arrangements of the type described by or under section 7(2) of the 2005 Act. 2 Where this section applies, the Scottish Ministers may by order— a remove any or all of the members of the board (other than the principal of the college); and b where a removed member was appointed under paragraph 3(2)(a) or (f) or 3A(2)(a) or (f) of Schedule 2, appoint another person in place of the removed member. 3 Before making an order under subsection (2)(a), the Scottish Ministers must consult the Council. 4 The Scottish Ministers must give notice of exercise of the power of removal conferred by subsection (2)(a) to the board and the member. 5 An appointment made under subsection (2)(b) has effect as if made under the provision of Schedule 2 under which the removed member was appointed. . Regional strategic bodies Regional strategic bodies 8 1 After section 7A of the 2005 Act, inserted by section 5(1), insert— Regional strategic bodies 7B 1 In this Act— a any reference to a regional strategic body is a reference to a body specified in schedule 2A; b any reference to a regional board is a reference to a body specified in Part 1 of that schedule. 2 The Scottish Ministers may by order— a modify Part 1 of schedule 2A so as to establish, abolish or re-name a regional board; b modify Part 2 of schedule 2A by adding, removing or varying any entry relating to a fundable post-16 education body. 3 Before making an order under subsection (2), the Scottish Ministers must consult— a the Council; b the local authority for any area in which post-16 education bodies provide, or are to provide, fundable further education or fundable higher education which is funded, or is to be funded, by the regional strategic body to which the order relates; c where it relates to a regional strategic body which already exists, the regional strategic body and its colleges; and d any other person appearing to the Scottish Ministers as likely to be affected by the order. . 2 After schedule 2 to the 2005 Act insert— SCHEDULE 2A Regional strategic bodies (introduced by section 7B(1)) PART 1 Regional boards Regional Board for Glasgow Colleges Regional Board for Lanarkshire Colleges PART 2 Other regional strategic bodies University of the Highlands and Islands . 3 After section 7B of the 2005 Act, inserted by subsection (1), insert— Assignation of colleges 7C 1 The Scottish Ministers may by order assign colleges of further education to a regional strategic body. 2 An order may assign a college which is not, immediately before the order is made, either— a a fundable post-16 education body; or b assigned to another regional strategic body, only if the Council has proposed, or has approved, the assignation. 3 For the purposes of considering whether or not to propose or approve any assignation under subsection (2), the Council must have regard to the desirability of ensuring that the college concerned is a body for which there are suitable provisions, procedures and arrangements of the type described by or under section 7(2). 4 Without prejudice to section 34(2), the power to make an order under subsection (1) includes power to— a remove from schedule 2 any entry relating to a college to which the order relates; b make such further provision in relation to such a college as the Scottish Ministers consider appropriate. 5 But an order under subsection (1) may remove an entry relating to a college from schedule 2 only if the Council has proposed, or has approved, the removal. 6 Before making an order under this section, the Scottish Ministers must consult— a the regional strategic body (except where not already established); b every college to which the order relates (except any not already established); c the representatives of any trade union which is recognised by any college to which the order relates or which otherwise appears to the Scottish Ministers to be representative of the staff of such a college; d the students' associations of the colleges to which the order relates; e the Council; f any local authority for an area in which any of the colleges to which the order relates is situated; and g any other person appearing to the Scottish Ministers as likely to be affected by the order. 7 The Council may, whenever it considers appropriate, review whether a college which is assigned by order under subsection (1) is a body for which there are suitable provisions, procedures and arrangements of the type described by or under section 7(2). 8 On completing a review, the Council must provide a report of the review to the Scottish Ministers which— a sets out the conclusions which it has reached; b explains why it has reached those conclusions; and c makes any recommendations for action in consequence of those conclusions as it considers appropriate. 9 References in this Act to a regional strategic body's colleges are references to the governing bodies of the colleges assigned to it by an order under this section. . Funding of and by regional strategic bodies 9 1 In section 12 of the 2005 Act— a in subsection (1)— i in paragraph (a), after “fundable” insert “ post-16 education ” , ii in paragraph (b)(i), after “fundable” insert “ post-16 education ” , iii after paragraph (b) insert— c to a regional strategic body. , b in subsection (2), omit “subsection (5) of”, c in subsection (5)(b), for “fundable bodies” substitute “ post-16 education bodies, or regional strategic bodies, ” . 2 After section 12 of the 2005 Act insert— Regional strategic bodies: administration of funds 12A 1 A regional strategic body is, for the purposes of— a providing support (whether financial or otherwise) for the activities specified in subsection (3); and b exercising its other functions, responsible for administering the funds mentioned in subsection (2). 2 The funds are— a all funds made available to it under section 12(1)(c); and b any other funds made available to it for those purposes. 3 The activities are— a the provision of fundable further education and fundable higher education by the regional strategic body's colleges; b the undertaking of research among those colleges; c the— i provision of such facilities; and ii carrying on of such other activities, by those colleges or any other person as are necessary or desirable for the purposes of or in connection with an activity specified in paragraph (a) or (b); d the provision of services by those colleges or any other person for the purposes of or in connection with an activity specified in paragraph (a) or (b). Funding of assigned colleges 12B 1 A regional strategic body may make grants, loans or other payments— a to any of its colleges in respect of expenditure incurred or to be incurred by the college for the purposes of any of the activities specified in subsection (3)(a) and (b) of section 12A; b to— i any of its colleges; or ii any other person, in respect of expenditure incurred or to be incurred by the college or person for the purposes of any of the activities specified in subsection (3)(c) and (d) of that section. 2 A payment made under subsection (1) may (in addition to any condition which is imposed in pursuance of conditions imposed on the regional strategic body under section 9) be subject to such terms and conditions as the regional strategic body considers it appropriate to impose. 3 Terms and conditions imposed under subsection (2) may, in particular, relate to— a the repayment (in whole or in part) of a payment in such circumstances as the regional strategic body may specify; b the interest payable in respect of any period during which a sum due to the regional strategic body is outstanding. 4 A condition imposed on any of the regional strategic body's colleges in pursuance of section 9(5A) is to make provision that is to apply if the college fails to comply with the requirement referred to in section 9(6). 5 A condition imposed on any of the regional strategic body's colleges in pursuance of section 9(5A) does not apply in relation to any fees which are payable, in accordance with regulations under section 1 (fees at universities and further education establishments) of the Education (Fees and Awards) Act 1983, by students other than those falling within any class of persons prescribed by such regulations for the purposes of subsection (1) or (2) of that section. 6 Terms and conditions imposed under subsection (2) may not relate to the application by the college of any sums which were not derived from the Council. 7 Before imposing terms and conditions under subsection (2), a regional strategic body must— a except where it considers that it is not expedient to do so, consult the college to which the payment is to be made; and b if it considers it appropriate to do so, consult such persons as appear to it to represent the interests of its colleges or any class of them. 8 In making payments under subsection (1), the regional strategic body is to have regard to the desirability of— a encouraging its colleges to maintain or develop funding from other sources; b preserving any distinctive characteristics of particular colleges. . Regional strategic bodies: functions 10 After section 23D of the 2005 Act, inserted by section 5(2), insert— Regional strategic bodies: functions Regional strategic bodies: general duty 23E 1 It is the duty of a regional strategic body to exercise its functions with a view to securing the coherent provision of a high quality of fundable further education and fundable higher education in the localities of its colleges. 2 In doing so, the regional strategic body must have regard to any fundable further education and fundable higher education provided by other post-16 education bodies in the localities of its colleges. Regional strategic bodies: planning 23F 1 A regional strategic body must plan for— a how it proposes its colleges should provide fundable further education and fundable higher education; and b how it intends to exercise its functions, and the body's colleges must, where appropriate, have regard to those plans when exercising their functions. 2 When making plans, a regional strategic body must have regard to the importance of ensuring that funds made available to it under section 12(1)(c) are used as economically, efficiently and effectively as possible. Performance monitoring 23G 1 A regional strategic body must monitor the performance of its colleges. 2 This may, in particular, include— a monitoring or assessing the quality of fundable further education and fundable higher education provided by its colleges; b monitoring the impact which providing that education has on the well-being of— i the students and former students of its colleges; ii the localities in which its colleges are situated; or iii Scotland; c monitoring its colleges' financial and other affairs. 3 A regional strategic body must, when considering whether to take any action under subsection (1), have regard to the desirability of preventing any unnecessary duplication of any action taken, or likely to be taken, by the Scottish Ministers or the Council in relation to the performance of its colleges. Promotion of Council's credit and qualification framework 23H A regional strategic body is to promote the use by its colleges of such credit and qualification framework as the Council may adopt in pursuance of section 14. Efficiency studies: assigned colleges 23I 1 A regional strategic body may secure the promotion or carrying out of studies designed to improve economy, efficiency and effectiveness in the management or operations of any of its colleges. 2 A college must— a provide any person promoting or carrying out studies by virtue of subsection (1) with such information; and b make available to the person for inspection such accounts and other documents, as the person may reasonably require for the purposes of the studies. Right to address college meetings 23J Where a regional strategic body is concerned about any matters relating to the financial support which any of its colleges receives (or might receive) from the body, a member of the body is entitled to— a attend any meeting of the college; and b address the meeting on those matters. Regional strategic bodies: improvement of economic and social well-being 23K 1 A regional strategic body is to exercise its functions with a view to improving the economic and social well-being of the localities of its colleges. 2 In doing so, the regional strategic body is to have regard to— a social and economic regeneration needs in those localities; and b social cohesion and social inclusion issues in those localities. 3 For the purposes of subsection (2)(a), “ needs ” means needs which appear to the regional strategic body— a to exist for the time being or be likely to exist in the future; and b to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education. 4 For the purposes of subsection (2)(b), “ issues ” means issues which appear to the regional strategic body— a to exist for the time being or be likely to exist in the future; and b to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education. Regional strategic body to have regard to particular matters 23L 1 In exercising its functions, a regional strategic body is to have regard to— a skills needs in the localities of its colleges; b issues affecting the economy of the localities of its colleges; c social and cultural issues in the localities of its colleges; and d the needs and issues in relation to Scotland identified by the Council for the purposes of section 20(1). 2 In exercising its functions, a regional strategic body is to— a have regard to the desirability of the achieving of sustainable development; and b in particular, encourage its colleges to contribute (so far as reasonably practicable for them to do so) to the achievement of sustainable development. 3 In exercising its functions, a regional strategic body is to have regard to the— a United Kingdom context; and b international context, in which any of its colleges may carry on its activities. 4 In exercising its functions, a regional strategic body is to have regard to the educational and related needs (including support needs) of persons who are, and the likely educational and related needs (including support needs) of persons who might wish to become, students of any of its colleges. 5 In exercising its functions, a regional strategic body is to— a have regard to the desirability of enabling, encouraging and improving participation in fundable further education and fundable higher education by persons belonging to any socio-economic group which the regional strategic body reasonably considers to be under-represented in such education; and b in particular, promote collaboration and sharing of good practice between its colleges in relation to enabling, encouraging and improving such participation. 6 For the purposes of subsection (1)(a), “ skills needs ” means any requirement or desirability for skills or knowledge which appears to the regional strategic body— a to exist for the time being or be likely to exist in the future; and b to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education. 7 For the purposes of subsection (1)(b) and (c), “ issues ” means issues which appear to the regional strategic body— a to exist for the time being or be likely to exist in the future; and b to be capable of being addressed (wholly or partly) by the provision of fundable further education or fundable higher education. 8 For the purposes of subsection (5), a socio-economic group is to be treated as under-represented in fundable further education or fundable higher education if participation in such education by persons in that group is disproportionately low. 9 A regional strategic body may take into account any social or economic characteristics which it considers appropriate when determining which groups are to constitute “ socio-economic groups ” for the purposes of subsection (5). 10 A regional strategic body is to have regard to the under-represented socio-economic groups identified by the Council for the purposes of section 20(4A) when determining— a which groups are to constitute “ socio-economic groups ” for the purposes of subsection (5); and b whether a socio-economic group so determined is under-represented in fundable further education or fundable higher education. Regional strategic bodies: consultation and collaboration 23M 1 A regional strategic body must, where it considers it appropriate to do so in the exercise of its functions, consult— a its colleges; b the representatives of— i any trade union recognised by any of its colleges; and ii any other trade union which appears to it to be representative of staff of any of its colleges; c the students' association of any of its colleges; d the local authorities for the areas in which its colleges are situated; e the governing body of any other post-16 education body which provides fundable further education or fundable higher education in the locality of any of its colleges; f any other regional college or regional strategic body whom it considers likely to have an interest in the matter concerned; g any person who appears to it to be representative of employers in the same locality as any of its colleges; h any person who appears to it to be representative of the interests of any sector for which any of its colleges provides specialist education or training; i The Open University; j The Skills Development Scotland Co. Limited; k the Scottish Qualifications Authority; and l Scottish Enterprise or Highlands and Islands Enterprise (as appropriate). 2 Any particular requirement for consultation imposed on a regional strategic body by virtue of this or any other enactment is without prejudice to subsection (1). 3 A regional strategic body must, so far as is consistent with the proper exercise of its functions, seek to secure the collaboration with the body of any or all of the following persons— a its colleges; b the representatives of any trade union recognised by any of its colleges or which otherwise appears to it to be representative of the staff of any of its colleges; c the students' associations of its colleges; d the local authorities for the areas in which its colleges are situated; e the governing body of any other post-16 education body which provides fundable further education or fundable higher education in the locality of any of its colleges; f any other regional college or regional strategic body whom it considers it appropriate to collaborate with; g The Open University; h The Skills Development Scotland Co. Limited; i the Scottish Qualifications Authority; and j Scottish Enterprise or Highlands and Islands Enterprise (as appropriate). 4 The Scottish Ministers may by order modify subsection (1) or (3)— a by adding or removing persons, or types of persons, to which those provisions apply; or b varying the description of any such person or type of person. 5 But such an order may not modify paragraph (a), (b) or (c) of subsection (1) or paragraph (a) of subsection (3). 6 A regional strategic body must, in relation to the provision of fundable further education and fundable higher education— a promote collaboration between its colleges; and b promote such other collaboration between its colleges and other post-16 education bodies as it considers appropriate. Assigned colleges: information and directions 23N 1 A regional strategic body's colleges must provide the regional strategic body with such information as it may reasonably require for the purposes of or in connection with the exercise of any of its functions. 2 A regional strategic body may give such directions to its colleges, or to any of them, as it considers appropriate. 3 Directions given under this section may be of a general or specific character. 4 Before giving directions under this section, a regional strategic body must consult— a any college to which the proposed directions relate; b the representatives of any trade union recognised by such a college or which otherwise appears to the regional strategic body to be representative of its staff; and c the students' association of every such college. 5 A college must comply with directions given to it under this section. 6 Directions given under this section may be varied or revoked. 7 Nothing in this section allows a regional strategic body— a to direct a college to transfer any staff, property, rights, liabilities or obligations; or b to give directions to a college whose governing body is not a board of management established in pursuance of Part 1 of the 1992 Act. Transfer of staff and property etc. 23O 1 A regional strategic body may require any of its colleges to transfer such of its staff, property, rights, liabilities or obligations as may be specified in the requirement— a to another of its colleges; or b to the regional strategic body. 2 Such a requirement may be made— a for the purpose of transferring responsibility for providing any particular programmes of learning or courses of education from one of the regional strategic body's colleges to another of its colleges; b for the purpose of transferring responsibility for providing any particular service; or c for any other purpose relating to the functions of the regional strategic body or any of its colleges. 3 Before making a requirement under subsection (1), the regional strategic body must consult— a any college to which the proposed transfer relates; b the representatives of any trade union recognised by such a college or which otherwise appears to the regional strategic body to be representative of its staff; and c the students' association of every such college. 4 Consultation under subsection (3)(a) is to be undertaken with a view to seeking the agreement of the college to the proposed transfer. 5 A requirement under subsection (1) may make such further provision in relation to the transfer as the regional strategic body considers appropriate. 6 Any transfer of staff effected by virtue of subsection (1) is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( S.I. 2006/246). 7 All property and rights transferred by virtue of subsection (1) are to be applied for the purpose of the advancement of education. 8 Subject to subsection (9), a requirement made under subsection (1) is binding on any college to which it relates. 9 A requirement made under subsection (1) is binding on a college falling within subsection (10) only if the college consents to the making of the requirement. 10 A college falls within this subsection if— a its governing body is not a board of management established in pursuance of Part 1 of the 1992 Act; b it is the college from which staff, property, rights, liabilities or obligations are to be transferred in pursuance of the requirement and the transfer is to be made to a college whose governing body is not a board of management established in pursuance of Part 1 of the 1992 Act; or c the regional strategic body to which it is assigned is a body included in Part 2 of schedule 2A. 11 The Scottish Ministers may by order modify subsection (10) to provide that a college, or type of college, specified in the order is or is not to fall within that subsection (other than by virtue of paragraph (a) or (b) of that subsection). 12 Such an order may not modify paragraph (a) or (b) of subsection (10). 13 Before making an order under subsection (11), the Scottish Ministers must consult— a any regional strategic body to which the order relates; b the representatives of any trade union which is recognised by such a regional strategic body or which otherwise appears to the Scottish Ministers to be representative of the staff of such a body; c any college of further education which is assigned to such a regional strategic body by order made under section 7C(1); d the students' association of each such college; e the representatives of any trade union which is recognised by each such college or which otherwise appears to the Scottish Ministers to be representative of the staff of such a college; f the Council; g any body which appears to the Scottish Ministers to be representative of students of colleges of further education generally; h any body which appears to the Scottish Ministers to be representative of colleges of further education; i any body which appears to the Scottish Ministers to be representative of trade unions in Scotland; and j any other person whom the Scottish Ministers consider likely to be affected by the order. 14 Where any of a regional strategic body's staff are transferred to any of its colleges by virtue of any other arrangements made between the regional strategic body and that college, the transfer is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246). . Regional boards Regional boards: constitution 11 1 After section 23O of the 2005 Act, inserted by section 10, insert— Regional boards: constitution etc. Regional boards: constitution 23P Schedule 2B makes provision about the constitution of a regional board, about the general powers of such a board and about certain administrative and other matters with respect to such a board. . 2 After schedule 2A to the 2005 Act, inserted by section 8(2), insert— SCHEDULE 2B Regional boards (introduced by section 23P) Regional boards 1 1 References in this schedule to “the board” are references to a regional board specified in Part 1 of schedule 2A. 2 The board is to be known by the name by which it is described in that Part. Status 2 1 The board is a body corporate. 2 The board— a is not a servant or agent of the Crown; b has no status, immunity or privilege of the Crown, and its property is not to be regarded as property of, or held on behalf of, the Crown. Membership 3 1 The board is to consist of no fewer than 15 members. 2 The board is to be comprised of— a a person appointed by the Scottish Ministers to chair meetings of the board (the “chairing member”); b subject to sub-paragraph (4), the chairing member of each of the board's colleges; c a person appointed by being elected by the teaching staff of the board's colleges from among their own number; d a person appointed by being elected by the non-teaching staff of the board's colleges from among their own number; e two persons appointed in accordance with paragraph 4; and f up to 10 other members appointed by the board. 3 A person is not eligible for appointment as the chairing member if the person is— a a member of the Scottish Parliament; b a member of the House of Lords; c a member of the House of Commons; d a member of the European Parliament; or e the chief officer of the board. 4 A person is disqualified from being part of the board in pursuance of sub-paragraph (2)(b) if the person has previously been removed from the board under section 23Q. 5 An appointment made in pursuance of sub-paragraph (2)(f) has effect only if approved by— a the chairing member; and b the Scottish Ministers. 6 In appointing members under sub-paragraph (2)(f) and in extending the period of appointment of any member so appointed, the board must have regard to any guidance issued by the Scottish Ministers in relation to the making of such appointments (including any guidance on the desirability of appointing members with particular skills and experience). 7 Before issuing guidance under sub-paragraph (6), the Scottish Ministers must consult— a any regional board to which the guidance relates; b the board of management of any college of further education which is, or which the Scottish Ministers consider likely to be, assigned to the regional board by order under section 7C; c the local authority for any area in which such a college is situated; d the students' association for each such college; e the representatives of any trade union which is recognised by any such college or which otherwise appears to the Scottish Ministers to be representative of its staff; f the Council; g any body which appears to the Scottish Ministers to be representative of colleges of further education; h any body which appears to the Scottish Ministers to be representative of local authorities; i any body which appears to the Scottish Ministers to be representative of students of colleges of further education generally; and j any body which appears to the Scottish Ministers to be representative of trade unions in Scotland. 8 Different guidance may be issued for different purposes. Student members 4 1 The students' associations of the board's colleges are each entitled to nominate students for appointment in pursuance of paragraph 3(2)(e). 2 Where only two students are so nominated, those students are to be so appointed. 3 Members are otherwise to be so appointed by being elected by the students of all the board's colleges from among the students so nominated. 4 Sub-paragraphs (1) to (3) do not apply where only two colleges are assigned to the board and, in such a case, the students' association of each college is to appoint one member from among the students of their respective colleges. Election of staff and student members 5 1 An election to appoint members in pursuance of paragraph 3(2)(c) or (d) or 4(3) is to be conducted in accordance with rules made by the board. 2 Before making, varying or replacing election rules, the board must consult— a its colleges; b in the case of rules about elections in pursuance of paragraph 3(2)(c), the representatives of any trade union which any of its colleges recognise as being, or which otherwise appears to the board to be, representative of the teaching staff of its colleges; c in the case of rules about elections to be held in pursuance of paragraph 3(2)(d), the representatives of any trade union which any of its colleges recognise as being, or which otherwise appears to the board to be, representative of the non-teaching staff of its colleges; and d in the case of rules about elections in pursuance of paragraph 4(3), the students' associations of each of its colleges. Disqualification from membership 6 1 A person is not eligible for appointment as a member of the board if the person— a has within 5 years of the date on which the appointment would take effect, been sentenced (following conviction for an offence in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic) to imprisonment for a period of not less than 3 months, whether suspended or not, without the option of a fine; b is an undischarged bankrupt; or c has been removed from office under section 24 of the 1992 Act (in relation to any college) or section 23Q of this Act (in relation to any regional board). 2 For the purposes of sub-paragraph (1)(b), “ undischarged bankrupt ” means a person— a whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force); b who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it); c who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 or the Insolvency Act 1986; d who is the subject of a bankruptcy restrictions undertaking entered into under either of those Acts; e who has been adjudged bankrupt (and has not been discharged); or f who is subject to any other kind of order, arrangement or undertaking analogous to those described in paragraphs (a) to (d), anywhere in the world. 3 This paragraph does not apply in relation to persons appointed in pursuance of paragraph 3(2)(b). Terms and conditions 7 1 Subject to the other provisions of this Act— a the chairing member holds and vacates office on such terms and conditions as the Scottish Ministers may determine; and b other members (unless holding office in pursuance of paragraph 3(2)(b)) hold and vacate office on such terms and conditions as the board may in each case determine. 2 Subject to sub-paragraphs (3) to (8), paragraph 9 and section 23Q— a the chairing member is to hold office for such period (not exceeding 4 years) as the Scottish Ministers may determine; b a member appointed in pursuance of paragraph 3(2)(b) is to hold office until the person ceases to be a chairing member of any of the board's colleges; c a member appointed by being elected in pursuance of paragraph 3(2)(c) or (d) is to hold office for 4 years; d a member appointed in pursuance of paragraph 3(2)(e) is to hold office until 31 August following appointment; and e a member appointed under paragraph 3(2)(f) is to hold office for such period (not exceeding 4 years) as the board may determine. 3 The Scottish Ministers may extend the period of appointment of the chairing member for a single further period not exceeding 4 years. 4 The board may extend the period of appointment of a member it appoints for a single further period not exceeding 4 years (but such an extension has effect only if approved by the chairing member and the Scottish Ministers). 5 The chairing member is to vacate office if the chairing member becomes a person of the type described in paragraph 3(3). 6 A member appointed under paragraph 3(2)(c) or (d) is to vacate office if the member ceases to be a member of the teaching or, as the case may be, non-teaching staff of one of the board's colleges before the member's period of appointment ends. 7 A member appointed in pursuance of paragraph 3(2)(e) is to vacate office if the member ceases to be a student of one of the board's colleges before the member's period of appointment ends. 8 On ceasing to be a member, a person is eligible for reappointment (provided that the person is not ineligible by virtue of any other provision). Remuneration and allowances 8 1 The board is to pay to its chairing member such remuneration as the Scottish Ministers may in each case determine. 2 The board is to pay to its members such allowances as the Scottish Ministers may in each case determine. Resignation and removal of members 9 1 The chairing member may by giving notice in writing to the Scottish Ministers resign office as a member. 2 Any other member (except for a member appointed in pursuance of paragraph 3(2)(b)) may by giving notice in writing to the board resign office as a member. 3 The Scottish Ministers must, by giving notice in writing to the chairing member, remove the chairing member from office if— a the chairing member— i is sentenced as mentioned in paragraph 6(1)(a); ii has become a person to whom paragraph 6(1)(b) applies; or iii is removed from office under section 24 of the 1992 Act (in relation to any college) or section 23Q of this Act (in relation to any other regional board); or b they are satisfied that the chairing member— i has been absent from meetings of the board for a period longer than 6 consecutive months without the permission of the board; or ii is otherwise unable or unfit to discharge the functions of the chairing member. 4 The board must, by giving notice in writing to the member, remove any other member from office if— a the member— i is sentenced as mentioned in paragraph 6(1)(a); or ii has become a person to whom paragraph 6(1)(b) applies; or b it is satisfied that the member— i has been absent from meetings of the board for a period longer than 6 consecutive months without the permission of the board; or ii is otherwise unable or unfit to discharge the functions of a member. 5 Sub-paragraph (4) does not apply in relation to a member appointed in pursuance of paragraph 3(2)(b). 6 The Scottish Ministers must, by giving notice in writing to the member, remove a member (other than the chairing member) from office if the member is removed from office under section 24 of the 1992 Act (in relation to any college) or section 23Q of this Act (in relation to any other regional board). 7 Where a member removed under sub-paragraph (6) was appointed under paragraph 3(2)(f), the Scottish Ministers may appoint another person in place of the removed member. 8 An appointment made under sub-paragraph (7) has effect as if made under paragraph 3(2)(f). Staff 10 1 The board may (subject to any directions given under sub-paragraph (4)) appoint a chief officer and such other employees as it considers appropriate on such terms and conditions as the board may determine. 2 The board may pay or make arrangements for the payment of pensions, allowances or gratuities (including by way of compensation for loss of employment) to, or in respect of, any person who has ceased to be employed by the board. 3 Arrangements under sub-paragraph (2) may include— a the making of contributions or payments towards provision for pensions, allowances or gratuities; and b the establishment and administration of pension schemes. 4 The board must comply with any directions given by the Council as regards— a the appointment of employees; b terms and conditions determined under sub-paragraph (1); or c payments or arrangements made under sub-paragraph (2). Proceedings of the board 11 1 The board may regulate its own procedure (including any quorum). 2 The validity of any proceedings of the board is not affected— a by a vacancy in membership (or in a category of membership); or b by any defect in the appointment of a member. Committees 12 1 The board may establish committees. 2 The board is to determine— a the composition of any committees; b the terms and conditions of membership of any committee; and c the procedure (including any quorum) of any committee. 3 A committee may include persons who are not members of the board (but such persons are not to be entitled to participate in making decisions). 4 The board is to pay to the members of its committees (whether or not they are also members of the board) such allowances as the Scottish Ministers may determine. Participation at meetings 13 Unless the chairing member determines otherwise, a person who is the principal of one of the board's colleges but who is not a board member is entitled to participate in any deliberations (but not in making decisions) at meetings of the board. General powers 14 1 The board may (subject to sub-paragraphs (2) to (9)) do anything that is necessary or expedient for the purpose of or in connection with the exercise of its functions, including in particular— a acquiring and disposing of land and other property; b entering into contracts; c investing sums not immediately required for the purpose of the discharge of its functions; d accepting gifts of money, land or other property; e forming or promoting (whether alone or with another) companies under the Companies Act 2006. 2 The board may not borrow money. 3 The board is not to–– a give any guarantee or indemnity over or in respect of any property; or b create any trust or security over or in respect of any property, without the written consent of the Scottish Ministers. 4 The board is not to dispose of any property to which this sub-paragraph applies without the written consent of the Scottish Ministers. 5 Consent, for the purposes of sub-paragraphs (3) or (4), may be given— a in respect of any case or class of case; and b subject to such conditions as the Scottish Ministers may determine. 6 Consent, for the purposes of sub-paragraph (4), is not required for a disposal of land which is or forms part of property to which that sub-paragraph applies if the disposal is in consequence of the compulsory acquisition (under any enactment) of the land. 7 But the board is to inform the Scottish Ministers of the compulsory acquisition (under any enactment) of land which is or forms part of property to which sub-paragraph (4) applies. 8 Where property to which sub-paragraph (4) applies is disposed of, the board is (after deduction of such expenses as appear to the Scottish Ministers to have been reasonably incurred in the disposal) to pay to the Scottish Ministers such portion of the proceeds or value of the consideration for the disposal as the Scottish Ministers may, after consultation with the board, determine. 9 Sub-paragraph (4) applies to— a any property which has been acquired, improved or maintained wholly or partly, or directly or indirectly, out of funds provided by the Council under section 12; and b any proceeds of, or any consideration for, the disposal of any such property. Goods and services 15 The board may, for the purposes of providing support for the provision of fundable further education or fundable higher education, provide (and make charges in respect of the provision of) goods or services— a to any of its colleges; b to any other post-16 education body; c to any other regional strategic body; or d to any other person. Delegation of functions 16 1 The board may authorise— a the chairing member; b any of its committees; or c any of its employees, to exercise such of its functions to such extent as it may determine. 2 Sub-paragraph (1) does not affect the responsibility of the board for the exercise of its functions. Accounts 17 1 The board must— a keep proper accounts and accounting records; b prepare a statement of accounts in respect of each yearly period ending on 31 March; and c send the statement of accounts to the Scottish Ministers, in accordance with such directions as the Scottish Ministers may give. 2 The Scottish Ministers must send the statement of accounts to the Auditor General for Scotland for auditing. Modification 18 1 The Scottish Ministers may by order modify this schedule (other than paragraph 2) by varying, adding to or removing any provision relating to a regional board's constitution, functions or administrative arrangements. 2 Before making an order under this paragraph, the Scottish Ministers must consult— a any board to which the order relates; and b such other persons as they consider appropriate. . Regional boards: mismanagement 12 After section 23P of the 2005 Act, inserted by section 11(1), insert— Mismanagement by regional boards 23Q 1 This section applies where it appears to the Scottish Ministers that a regional board— a has committed or is committing— i a serious breach of any term or condition of a grant made to it under section 12(1)(c); or ii repeated breaches of such terms or conditions; b has failed or is failing— i properly to discharge its responsibility for administering the funds made available to it under that section in respect of its colleges; or ii to discharge any of its duties properly; or c has mismanaged, or is mismanaging, its financial or other affairs. 2 Where this section applies, the Scottish Ministers may by order— a remove any or all of the members of the regional board; and b where a removed member was appointed under paragraph 3(2)(a) or (f) of schedule 2B, appoint another person in place of the removed member. 3 Before making an order under subsection (2)(a), the Scottish Ministers must consult the Council. 4 The Scottish Ministers must give notice of exercise of the power of removal conferred by subsection (2)(a) to the board and the member. 5 An appointment made under subsection (2)(b) has effect as if made under the provision of paragraph 3 of schedule 2B under which the removed member was appointed. . Establishment and abolition of regional boards: supplemental 13 After section 23Q of the 2005 Act, inserted by section 12, insert— Establishment and abolition of regional boards: supplemental 23R 1 The Scottish Ministers may make such arrangements as they consider appropriate in anticipation of the establishment of a regional board by virtue of an order under section 7B or the coming into force of section 8 of the Post-16 Education (Scotland) Act 2013. 2 They may, in particular, appoint on terms and conditions determined by them persons who are, from the day on which the board is established, to hold office as if appointed under paragraph 3(2)(a) or, as the case may be, (f) of schedule 2B. 3 An order under section 7B(2)(a) which abolishes a regional board may, in particular, make provision— a for the transfer of the regional board's staff, property, rights, liabilities or obligations to such other person as may be specified in the order; b for the Scottish Ministers to pay any expenses incurred in connection with the abolition; c imposing such duties or conferring such additional powers in relation to the abolition as the Scottish Ministers consider appropriate; d for the exercise of any of the regional board's functions by any member of the board specified in the order; e appointing a person to administer the abolition (and giving that person such powers and duties as appear to the Scottish Ministers to be necessary or expedient for such purposes as are specified in the order). 4 Such an order— a must ensure that any transferred property and rights which, before the transfer, were to be applied for the purpose of the advancement of education are to continue to be applied for that purpose after the transfer; b may contain provision for the transfer of staff, property, rights, liabilities or obligations only if the person to whom the transfer is being made (apart from the Scottish Ministers) has consented to the transfer. 5 This section does not prejudice the generality of powers conferred by section 34(2) or by section 22 of the Post-16 Education (Scotland) Act 2013. . Further education institutions: good governance Further education institutions: good governance 14 After section 9A of the 2005 Act, inserted by section 2, insert— Further education institutions: good governance 9B 1 The Scottish Ministers may, under section 9(2), impose a condition that the Council must, when making a payment under section 12(1) to a college of further education which is a fundable post-16 education body, require it to comply with any principles of governance which appear to the Council to constitute good practice in relation to colleges of further education. 2 The Scottish Ministers may, under section 9(2), impose a condition that the Council must, when making a payment to a regional strategic body under section 12(1), require it— a to comply with any principles of governance which appear to the Council to be appropriate in relation to such a body; or b to impose, when making a payment to any of its colleges under section 12B(1), a condition requiring the college to comply with any principles of governance which appear to the Council to constitute good practice in relation to colleges of further education. . Duties of Funding Council in relation to widening access Council to have regard to desirability of widening access 15 1 Section 20 of the 2005 Act is amended as follows. 2 After subsection (4) insert— 4A In exercising its functions, the Council is to— a have regard to the desirability of enabling, encouraging and improving participation in fundable further education and fundable higher education by persons belonging to any socio-economic group which the Council reasonably considers to be under-represented in such education; and b in particular, promote collaboration and sharing of good practice between the persons mentioned in subsection (4B) in relation to enabling, encouraging and improving such participation. 4B Those persons are— a post-16 education bodies; b regional strategic bodies; and c post-16 education bodies and regional strategic bodies. . 3 After subsection (6) insert— 7 For the purposes of subsection (4A), a socio-economic group is to be treated as under-represented in fundable further education or fundable higher education if participation in such education by persons in that group is disproportionately low. 8 The Council may take into account any social or economic characteristics which they consider appropriate when determining which groups are to constitute “ socio-economic groups ” for the purposes of subsection (4A). 9 The Council must consult the Scottish Ministers before determining— a which groups are to constitute “ socio-economic groups ” for the purposes of subsection (4A); and b whether a socio-economic group so determined is under-represented in fundable further education or fundable higher education. . Council to review progress with widening access 16 After section 19 of the 2005 Act insert— Reviews of progress with widening access 19A 1 The Council must conduct reviews of the extent to which progress is being made in enabling, encouraging and improving participation in fundable further education and fundable higher education by persons belonging to socio-economic groups which the Council reasonably considers to be under-represented in such education. 2 The first such review must be completed before the end of the period of three years beginning with the date on which this section comes into force. 3 Subsequent reviews must be completed before the end of the period of three years beginning with the date on which the immediately preceding review was completed. 4 On completing a review, the Council must provide the persons mentioned in subsection (5) with a report of the review which— a sets out the conclusions it has reached; b explains why it has reached those conclusions; and c makes any recommendations for action in consequence of those conclusions as it considers appropriate. 5 Those persons are— a the Scottish Ministers; b each regional strategic body; and c each post-16 education body. 6 The bodies to which this subsection applies must provide the Council with such information, and make available such accounts and other documents, as the Council may reasonably require for the purposes of conducting a review. 7 Subsection (6) applies to— a post-16 education bodies; and b regional strategic bodies. 8 For the purposes of subsection (1), a socio-economic group is to be treated as under-represented in fundable further education or fundable higher education if participation in such education by persons in that group is disproportionately low. 9 The Council may take into account any social or economic characteristics which they consider appropriate when determining which groups are to constitute “ socio-economic groups ” for the purposes of subsection (1). 10 The Council must consult the Scottish Ministers before determining— a which groups are to constitute “ socio-economic groups ” for the purposes of subsection (1); and b whether a socio-economic group so determined is under-represented in fundable further education or fundable higher education. . Review of further and higher education Review of further and higher education 17 After section 14 of the 2005 Act insert— Review of fundable further and higher education 14A 1 The Council may, with the consent of the Scottish Ministers, review the extent to which fundable further education or fundable higher education is being provided by post-16 education bodies in a coherent manner. 2 A review may relate to— a any aspect of the funding or provision of fundable further education or fundable higher education (generally or in particular areas); or b any aspect of the legislation or administrative framework which governs the funding or provision of fundable further education or fundable higher education. 3 When seeking the consent of the Scottish Ministers to conduct a review, the Council must provide a case for review which— a describes the scope of the proposed review; and b explains why it is satisfied that any pre-conditions to conducting a review which the Scottish Ministers may determine are met in relation to the proposed review. 4 When conducting a review, the Council must consult— a the governing body of any post-16 education body and any regional strategic body to which the review relates; b the representatives of any trade union recognised by any such body or which otherwise appears to the Council to be representative of its staff; c any body which appears to the Council to be representative of trade unions in Scotland; d the students' association of any post-16 education body to which the review relates; and e any body which appears to be the Council to be representative of the interests of students of post-16 education bodies generally. 5 The bodies to which this subsection applies must provide the Council with such information, and make available for inspection such accounts and other documents, as the Council may reasonably require for the purposes of conducting a review. 6 Subsection (5) applies to— a post-16 education bodies; and b regional strategic bodies. 7 On completing a review, the Council must provide the Scottish Ministers, and any post-16 education body and regional strategic body to which the review relates, with a report of the review which— a sets out the conclusions which it has reached; b explains why it has reached those conclusions; and c makes any recommendations for action in consequence of those conclusions as it considers appropriate. 8 The Council, when conducting and reporting on a review, must have regard to the importance of ensuring that public funds provided for fundable further education and fundable higher education are used as economically, efficiently and effectively as possible. . Collective bargaining framework for college staff Collective bargaining framework for college staff 18 After section 15 of the 1992 Act insert— Collective bargaining framework for college staff 15A 1 Before making regulations under section 3(6) of this Act which prescribe requirements which relate to collective bargaining arrangements in respect of any contracts entered into in pursuance of section 12(2)(h)(i) of this Act, the Scottish Ministers must— a establish an advisory committee, to be known as the National Pay and Conditions Advisory Committee for Scotland's Colleges, for the purpose of making recommendations to them, by such time as they may specify, about— i the outcomes which the regulations should seek to achieve; and ii how the regulations should seek to achieve those outcomes; and b have regard to any recommendations made by the committee. 2 When making any such regulations, the Scottish Ministers must have regard to the desirability of ensuring that the regulations are framed in accordance with any guidance issued by the Advisory, Conciliation and Arbitration Service ( ACAS ) which relates to the form of schemes which govern how employees' terms and conditions may be negotiated or determined. 3 A committee established under subsection (1)(a) above is to be comprised of— a 4 persons who appear to the Scottish Ministers to be representative of the interests of boards of management; b 4 persons who appear to the Scottish Ministers to be representative of the interests of trade unions recognised by boards of management or who otherwise appear to them to be representative of the teachers and other staff employed by boards of management; c a person appointed by the Council (such person being a member of the Council or an employee of the Council); and d other persons appointed by the Scottish Ministers. 4 The Scottish Ministers may— a make or authorise the Council to make further provision about the constitution, remit or procedure of the committee; b provide or authorise the Council to provide the committee with financial or other support (including by paying allowances to members of the committee in respect of expenses). . Equal opportunities Equal opportunities: post-16 education bodies etc. 19 After section 26 of the 2005 Act insert— Equal opportunities: post-16 education bodies etc. 26A 1 Every post-16 education body and regional strategic body must, when making appointments to its governing body or exercising any of its other functions, do so in a manner which encourages equal opportunities and in particular the observance of the equal opportunities requirements. 2 In subsection (1), “ equal opportunities ” and “ equal opportunity requirements ” have the same meanings as in Section L2 (equal opportunities) of Part II of Schedule 5 to the Scotland Act 1998. . Information about young people's involvement in education and training Duty to provide information to Skills Development Scotland 20 1 The Scottish Ministers may, by order, require a person to provide information the person holds about a young person to The Skills Development Scotland Co. Limited for the purposes of enabling or assisting it— a to monitor that young person's involvement in education or training, b to provide advice or support as regards that young person's education or training, c to exercise any of its other functions in relation to that young person. 2 Such an order may specify— a the persons who are to be required to provide information, b the information, or type of information, which must be provided, and c the form and manner in which it is to be provided. 3 The Scottish Ministers may, by order, require The Skills Development Scotland Co. Limited to provide information it holds about a young person to such persons who provide education or training to young persons as may be specified in the order. 4 Such an order may specify— a the information, or type of information, which must be provided, and b the form and manner in which it is to be provided. 5 The Skills Development Scotland Co. Limited and any person who is required to provide information by virtue of this section must have regard to any guidance issued by the Scottish Ministers about the provision or use of such information. 6 In this section, “ young person ” means a person aged over 15 and under 25. 7 The Scottish Ministers may, by order, modify this section— a by replacing the references in subsections (1), (3) and (5) to the person to whom information is to be provided in pursuance of subsection (1) and who may be required to provide information in pursuance of subsection (3) with references to such other person as they consider appropriate, or b where that person changes its name, by modifying references to that person in subsections (1), (3) and (5) to reflect that change of name. 8 An order under this section may make different provision for different purposes. 9 An order under subsection (1) or (3) is subject to the affirmative procedure. 10 An order under subsection (7)(a) is subject to the negative procedure. General Modification of enactments 21 The schedule to this Act (which makes minor amendments to enactments and otherwise modifies enactments for the purposes of or in consequence of this Act) has effect. Ancillary provision 22 1 The Scottish Ministers may by order make such supplementary, incidental, consequential, transitional, transitory or saving provision as they consider appropriate for the purposes of, in connection with or for the purposes of giving full effect to any provision made by, or by virtue of, this Act. 2 An order under this section may make different provision for different purposes. 3 An order under this section— a if it adds to, replaces or omits any part of the text of this or any other Act, is subject to the affirmative procedure, b is otherwise subject to the negative procedure. Commencement 23 1 This section and sections 22 and 24 come into force on the day after Royal Assent. 2 The other 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. Short title 24 The short title of this Act is the Post-16 Education (Scotland) Act 2013. SCHEDULE Modification of enactments (introduced by section 21) Education (Scotland) Act 1980 (c.44) 1 1 The Education (Scotland) Act 1980 is amended as follows. 2 In section 73ZA— a in subsection (3), for “fundable” substitute “ post-16 education ” , b in subsection (4), for “fundable” substitute “ post-16 education ” . 3 In section 73A— a in subsection (10), for “fundable” substitute “ post-16 education ” , b in subsection (11), for “fundable” substitute “ post-16 education ” . Further and Higher Education (Scotland) Act 1992 (c.37) 2 1 The 1992 Act is amended as follows. 2 In section 3— a in subsection (6), after “Act” insert “ and the Further and Higher Education (Scotland) Act 2005 ” , b after subsection (6) insert— 7 Before making regulations under subsection (6), the Scottish Ministers must consult— a the boards of management to which the regulations relate; b any regional strategic body for a college of further education which has such a board; c the students' association of each such college; d any body which appears to the Scottish Ministers to be representative of students of colleges of further education generally; e the Council; f any body which appears to the Scottish Ministers to be representative of colleges of further education; g the representatives of any trade union which is recognised by a board of management to which the regulations relate or which otherwise appears to the Scottish Ministers to be representative of its staff; h any body which appears to the Scottish Ministers to be representative of trade unions in Scotland; and i any other person appearing to the Scottish Ministers as likely to be affected by the regulations. . 3 In section 5— a in subsection (1), after “situated” insert “ , the persons mentioned in subsection (1A) ” , b after subsection (1) insert— 1A Those persons are— a the Council; and b where the proposal is to exercise the power under section 3(1)(b) or (c) or 44 of this Act— i the board of management of the college or colleges concerned; ii any regional strategic body for such a college; iii the representatives of any trade union which is recognised by any such board of management or which otherwise appears to the Scottish Ministers to be representative of its staff; iv the students' association of each such college. . 4 In section 12— a in subsection (2)(d), after “Act” insert “ or of the Further and Higher Education (Scotland) Act 2005 ” , b after subsection (4) insert— 4A A board of management of a regional college is to pay to the chairing member appointed under paragraph 3(2)(a) of Schedule 2 such remuneration as the Scottish Ministers may in each case determine. . 5 In section 36(1)— a omit the word “and” appearing after the definition of “interest in land”, b after the definition of “land” insert— “ regional college ” means a college of further education designated as a regional college by order made under section 7A of the Further and Higher Education (Scotland) Act 2005; and “ regional strategic body ” has the same meaning as in that Act of 2005. . 6 In section 60— a in subsection (1), after second “Act” insert “ or which falls within subsection (2A) ” , b after subsection (2) insert— 2A An order falls within this subsection if— a it is made under section 3(5) of this Act and makes provision other than provision varying the maximum or minimum number of members of a board of management established in pursuance of Part 1 of this Act; or b it is made under section 12(8) of this Act. 2B An order falling within subsection (2A) is subject to the affirmative procedure. . 7 In Schedule 2— a omit paragraphs 2 and 4, b in paragraph 5— i in sub-paragraph (1), for the words from “6” to the end of the sub-paragraph substitute 5A and 5B below, a member of the board— a if appointed in pursuance of paragraph 3(2)(a) as the chairing member of the board of a regional college, holds and vacates office on such terms and conditions as the Scottish Ministers may determine; b if appointed in pursuance of paragraph 3(2)(c) to (f) as a member of the board of a regional college, holds and vacates office on such terms and conditions as the board may determine; c if appointed in pursuance of paragraph 3A(2)(a) or (c) to (f) as a member of the board of a college which is not a regional college, holds and vacates office on such terms as the regional strategic body may determine; and d is, on ceasing to hold office, eligible for re-appointment. , ii for sub-paragraph (2) substitute— 2 Subject to sub-paragraphs (2A) to (2G) below— a a member appointed by being elected in pursuance of paragraph 3(2)(c) or (d) or 3A(2)(c) or (d) is to hold office for 4 years; b a member appointed in pursuance of paragraph 3(2)(e) or 3A(2)(e) is to hold office until 31 August following appointment; and c each other member of the board (including the chairing member) is to hold office for such period (not exceeding 4 years) as is specified in the member's terms of appointment. 2A The Scottish Ministers may extend the period of appointment of the chairing member of a regional college for a single further period not exceeding 4 years. 2B The board of a regional college may extend the period of appointment of a member appointed under paragraph 3(2)(f) for a single further period not exceeding 4 years (but such an extension has effect only if approved by the chairing member and the Scottish Ministers). 2C A regional strategic body may extend the period of appointment of a member it appoints under paragraph 3A(2)(a) or (f) for a single further period not exceeding 4 years. 2D The chairing member of a regional college is to vacate office if the member becomes a person of the type described in paragraph 3(4). 2E The principal of a college is to vacate office on ceasing to be the principal. 2F A member appointed under paragraph 3(2)(c) or (d) or 3A(2)(c) or (d) is to vacate office if the member ceases to be a member of the teaching or, as the case may be, non-teaching staff of the college before the member's period of appointment ends. 2G A member appointed in pursuance of paragraph 3(2)(e) or 3A(2)(e) is to vacate office if the member ceases to be a student of the college before the member's period of appointment ends. , iii omit sub-paragraphs (3) and (4), iv in sub-paragraph (5), for the words from “such” to “purpose” substitute — a in the case of the chairing member of the board of a regional college, the Scottish Ministers; b in the case of any other member of the board a regional college, the board; c in the case of any member of the board of a college which is not a regional college, the regional strategic body. , c after paragraph 5 insert— 5A 1 A person is not eligible for appointment as a member of the board if the person— a has within 5 years of the date on which the appointment would take effect, been sentenced (following conviction for an offence in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic) to imprisonment for a period of not less than 3 months, whether suspended or not, without the option of a fine; b is an undischarged bankrupt; or c has been removed from office under section 24 of this Act (in relation to any college) or section 23Q of the Further and Higher Education (Scotland) Act 2005 (in relation to any regional board). 2 For the purposes of sub-paragraph (1)(b), “ undischarged bankrupt ” means a person— a whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force); b who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it); c who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 or the Insolvency Act 1986; d who is the subject of a bankruptcy restrictions undertaking entered into under either of those Acts; e who has been adjudged bankrupt (and has not been discharged); or f who is subject to any other kind of order, arrangement or undertaking analogous to those described in paragraphs (a) to (d), anywhere in the world. 5B 1 The relevant person must remove a member of the board from office (by giving notice in writing to the member) if— a the member— i is sentenced as mentioned in paragraph 5A(1)(a); or ii has become a person to whom paragraph 5A(1)(b) applies; or b the relevant person is satisfied that the member— i has been absent from meetings of the board for a period longer than 6 consecutive months without the permission of the board; or ii is otherwise unable or unfit to discharge the member's functions. 2 In sub-paragraph (1), “relevant person”— a in the case of the chairing member of the board of a regional college, means the Scottish Ministers; b in the case of any other member of the board of a regional college, means the board of management of that college; c in the case of a member of the board of a college which is not a regional college, means the regional strategic body for that college. 3 The Scottish Ministers must, by giving notice in writing to the member, remove a member from office if the member is removed from office under section 24 of this Act (in relation to any other college) or section 23Q of the Further and Higher Education (Scotland) Act 2005 (in relation to any regional board). 4 Where a member removed under sub-paragraph (3) was appointed under paragraph 3(2)(f) or 3A(2)(f), the Scottish Ministers may appoint another person in place of the removed member. 5 An appointment made under sub-paragraph (4) has effect as if made under the provision under which the removed member was appointed. 5C Paragraphs 5A and 5B do not apply in relation to the principal of the college. , d omit paragraphs 6 to 10, e in paragraph 11(1), for “paragraphs 12 and” substitute “ paragraph ” , f omit paragraph 12, g in paragraph 16, after “Act” insert “ and paragraph 16A below ” , h after paragraph 16 insert— 16A The appointment of a principal of a college which is not a regional college, and the terms and conditions of such an appointment, have effect only if approved by the regional strategic body for the college. . Education Act 1994 (c.30) 3 In section 21(2)(b) of the Education Act 1994, for the words from “, or” to “4(1)” substitute “ is established in pursuance of Part 1 ” . Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) 4 In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000, after the entry for “Quality Meat Scotland” insert— “ A regional board (within the meaning of the Further and Higher Education (Scotland) Act 2005) ” . Scottish Public Services Ombudsman Act 2002 (asp 11) 5 1 The Scottish Public Services Ombudsman Act 2002 is amended as follows. 2 In section 3— a in subsection (7)— i omit the word “or” appearing after paragraph (b), ii after paragraph (c) insert , or d add to it an entry relating to a regional strategic body (within the meaning of that Act). , b in subsection (8), for “fundable” substitute “ post-16 education ” . 3 In Part 3 of schedule 2, in paragraph 92(1), after “2005 (asp 6)” insert “ and any college of further education which is assigned to such a fundable body by order made under section 7C(1) of that Act ” . Freedom of Information (Scotland) Act 2002 (asp 13) 6 In paragraph 49 of schedule 1 to the Freedom of Information (Scotland) Act 2002, after “Council” insert “ or a regional strategic body (within the meaning of the Further and Higher Education (Scotland) Act 2005) ” . Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) 7 In schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003, after the cross-heading “ Offices ” insert— The chairing member of the board of management of a college of further education which is designated as a regional college by order under section 7A of the Further and Higher Education (Scotland) Act 2005 The chairing member of a regional board established by or in pursuance of section 7B of that Act . Further and Higher Education (Scotland) Act 2005 (asp 6) 8 1 The 2005 Act is amended as follows. 2 In section 3— a in paragraph (a), for first “fundable” substitute “ post-16 education ” , b in paragraph (b), for “fundable” substitute “ post-16 education ” . 3 In section 4(1)— a in paragraph (a), for third “fundable” substitute “ post-16 education ” , b in paragraph (b), for “fundable” substitute “ post-16 education ” . 4 In section 6— a for subsection (1) substitute— 1 In this Act, “ fundable body ” means— a any body specified in schedule 2; and b any regional strategic body (see section 7B). , b in subsection (2)— i after “fundable” insert “ post-16 education ” , ii for “that schedule” substitute “ schedule 2 ” . 5 In section 7— a in subsection (2)— i after paragraph (f) insert— fa arrangements for the purpose of seeking to ensure that the interests of the body's students are represented by a students' association; , ii in paragraph (h), for third “fundable” substitute “ post-16 education ” , iii omit the word “and” appearing after paragraph (h), iv after paragraph (h) insert— ha where the body is a regional strategic body, procedures and arrangements for the administration by the body of the funds mentioned in section 12A(2) and for the exercise of its other functions as a regional strategic body; and , b after subsection (2) insert— 2A Paragraph (ha) of subsection (2) applies only where the Council is considering whether to remove the entry relating to the body concerned from schedule 2. c in subsection (4), for “(h)” substitute “ (ha) ” . 6 After section 7C, inserted by section 8(3), insert— Orders under sections 7A to 7C: supplemental 7D 1 This subsection applies to— a any order under section 7A(1) which designates a regional college (or which revokes such a designation); and b any order under section 7C(1) which assigns a college of further education to a regional strategic body (or which revokes such an assignation). 2 An order to which subsection (1) applies may— a make provision about the membership of the board of management of the college of further education concerned; b make such additional provision (not being provision mentioned in paragraph (a)) as is considered appropriate in relation to the change of status of the college concerned. 3 Subsection (2)(a) applies only where the college of further education concerned is one whose board of management is established in pursuance of Part 1 of the 1992 Act. 4 Provision under subsection (2)(a) may include provision— a authorising the Scottish Ministers to make arrangements for, or otherwise providing for, the continuing in office, or the removal from office, of persons who are members of the board immediately before the day on which the designation or assignation has, or ceases to have, effect; b for the appointment by the Scottish Ministers, on terms and conditions determined by them, of persons who are to be members of the board from that day; c deeming persons who continue in office, or who are appointed in pursuance of paragraph (b), to hold office from that day as if appointed under such provision of paragraph 3 or, as the case may be, 3A of Schedule 2 to the 1992 Act as may be specified in the order. 5 But such an order may not make provision in pursuance of subsection (4)(b) under which a person appointed to a board of management is to hold office otherwise than as if appointed under paragraph 3(2)(a) or (f) or, as the case may be, 3A(2)(a) or (f) of Schedule 2 to the 1992 Act. 6 Subsections (1) to (5) do not prejudice the generality of powers conferred by section 34(2). 7 The Scottish Ministers must, in pursuance of sections 7A to 7C, seek to ensure— a that every college of further education whose governing body is established in pursuance of Part 1 of the 1992 Act is either— i designated as a regional college; or ii assigned to a regional strategic body; and b that at least two colleges of further education are assigned to each regional board. 8 Where, despite subsection (7)(a), a college of further education whose governing body is so established is not so designated or assigned, the college is (subject to any contrary provision made under section 33 or 34(2) of this Act or section 22 of the Post-16 Education (Scotland) Act 2013) to be treated for the purposes of this Act, the 1992 Act and any other enactment as having been designated as a regional college. 9 Nothing in subsections (7) and (8) affects the power to make an order under section 7C(1) in relation to a college of further education whose governing body is not so established. . 7 In section 9— a in subsection (3)— i in paragraph (b), for the words from “the” to “both)” substitute “ any of the conditions referred to in subsections (4) to (5A) ” , ii after paragraph (b) insert— c include any terms or conditions referred to in sections 9A to 9D. , b in subsection (4), for the words from second “is” to second “specify” substitute — a where it is a fundable post-16 education body, is to comply with any matters concerning fundable post-16 education bodies or any class of them as the Scottish Ministers may specify; b where it is a regional strategic body, is— i to comply with any matters concerning regional strategic bodies generally as the Scottish Ministers may specify; or ii when making a payment to any of its colleges under section 12B(1), to impose on the college a requirement to comply with any matters concerning post-16 education bodies or any class of them as the Scottish Ministers may specify. , c in subsection (5)(a), after “fundable” insert “ post-16 education ” , d after subsection (5) insert— 5A The condition is that— a when making a payment to a regional strategic body under subsection (1) of section 12; and b in such cases as the Scottish Ministers may in the condition specify, the Council is (under subsection (2) of section 12) to impose on the regional strategic body a condition that it must, when making a payment to any of its colleges under section 12B(1), impose on the college a condition making the requirement referred to in subsection (6). , e in subsection (6), for “fundable”, in both places, substitute “ post-16 education ” , f in subsection (8), after “fundable”, in both places, insert “ post-16 education ” , g in subsection (9), after “fundable” insert “ post-16 education ” , h in subsection (11)— i for “in so far as provided for in subsection (4)” substitute “ where imposed in pursuance of subsection (4)(a) or (b)(ii) or section 9A or 9B ” , ii after “Council” insert “ or a regional strategic body ” , iii omit the word “fundable”, i in subsection (12)— i in paragraph (a), after “(7)” insert “ and in section 9D ” , ii omit the word “or” appearing after paragraph (a), iii in paragraph (b), omit sub-paragraph (ii), iv after paragraph (b) insert— c except where imposed in pursuance of section 9C, be framed by reference to the criteria for the admission of students. , j in subsection (13)(c)— i in sub-paragraph (ii), for “fundable” substitute “ post-16 education ” , ii in sub-paragraph (iii), for “fundable bodies” substitute “ post-16 education bodies, and such regional strategic bodies, ” . 8 In section 10— a in subsection (2)(a)— i for “the fundable” substitute “ post-16 education ” , ii after second “bodies” insert “ and restructuring involving regional strategic bodies ” , b in subsection (2)(c), for “the fundable bodies” substitute “ post-16 education bodies and, where appropriate, between those bodies and regional strategic bodies ” , c in subsection (6), for “fundable” substitute “ post-16 education ” . 9 In section 11— a in subsection (1)— i omit the word “and” appearing after paragraph (a), ii after paragraph (a) insert— aa providing support (whether financial or otherwise) to regional strategic bodies; and , b in subsection (3)— i in paragraph (a), after third “fundable” insert “ post-16 education ” , ii in paragraph (b), after “fundable” insert “ post-16 education ” , iii in paragraph (c), after “fundable” insert “ post-16 education ” , iv in paragraph (d), after “fundable” insert “ post-16 education ” . 10 In section 13— a in subsection (1), for third “fundable” substitute “ post-16 education ” , b in subsection (2), for “fundable” substitute “ post-16 education ” . 11 After section 13 insert— Performance of regional strategic bodies 13A The Council is to secure that provision is made for— a assessing; and b enhancing, the performance of regional strategic bodies. . 12 In section 14— a in subsection (1), after “fundable” insert “ post-16 education ” , b in subsection (2)(a)— i omit the word “or” appearing after sub-paragraph (i), ii in sub-paragraph (ii) for “body; and” substitute “ post-16 education body; or ” , iii after sub-paragraph (ii) insert— iii any regional strategic body; and . 13 In section 18(2)(a), after “body” insert “ or of any of a regional strategic body's colleges ” . 14 In section 20— a in subsection (3), for “fundable” substitute “ post-16 education ” , b in subsection (4), for “fundable” substitute “ post-16 education ” , c after subsection (9) (as inserted by section 15), insert— 10 The Council is to inform each regional college and each regional strategic body of— a the needs and issues in relation to Scotland identified by the Council for the purposes of subsection (1); and b the under-represented socio-economic groups identified by the Council for the purposes of subsection (4A). . 15 In section 22— a in subsection (2)— i in paragraph (a), for “the fundable bodies; or” substitute post-16 education bodies and regional strategic bodies; aa any body which appears to the Council to be representative of trade unions in Scotland; or , ii in paragraph (b), for “fundable bodies” substitute “post-16 education bodies generally b in subsection (5)— i after paragraph (f) insert ; and fa The Skills Development Scotland Co. Limited; , ii omit paragraphs (g) to (i), c omit subsection (6), d in subsection (7), for “subsections (5) and (6)” substitute “ subsection (5) ” , e in subsection (8), for the words from “promote” to “bodies” substitute — a promote collaboration between post-16 education bodies; and b promote such collaboration between post-16 education bodies and regional strategic bodies as it considers appropriate. . 16 In section 24— a in subsection (2), after “7” insert “ , 14A ” , b in subsection (3), for “fundable body” substitute “ post-16 education body or to a particular regional strategic body ” . 17 In section 25— a in subsection (1)— i for first “fundable” substitute “ post-16 education body or regional strategic ” , ii omit second “fundable”, b after subsection (1) insert— 1A A direction made under subsection (1) in relation to any of a regional strategic body's colleges may, in particular, require the Council to provide such financial support to the regional strategic body as may be specified in the direction (subject to such terms and conditions as may be so specified). , c in subsection (2), for the words from second “the” to “concerned” substitute — a the Council; b the body to which the direction relates; and c where that body is assigned to a regional strategic body by an order made under section 7C(1), the regional strategic body . 18 After section 25 insert— Provision of information 25A 1 A person mentioned in subsection (2) must provide the Scottish Ministers with such information as they may reasonably require for the purposes of or in connection with the exercise of any of their functions under this Act. 2 Those persons are— a a regional strategic body; or b a college of further education which is— i a regional college; or ii assigned to a regional strategic body by order made under section 7C(1). . 19 In section 26— a in subsection (1), for “fundable” substitute “ post-16 education ” , b in subsection (2), for “fundable” substitute “ post-16 education ” , c in subsection (3), for “fundable”, where it appears in paragraphs (a) and (b), substitute “ post-16 education ” . 20 In section 28— a in subsection (1), after “body” insert “ or of any of a regional strategic body's colleges ” , b in subsection (3), after “12” insert “ or, as the case may be, by a regional strategic body under section 12B ” . 21 In section 31, for “fundable” substitute “ post-16 education ” . 22 In section 34(4)— a in paragraph (b), for “7(1) or (4)” substitute “ 7(4) ” , b omit the word “or” appearing after paragraph (b), c after paragraph (b) insert— ba an order under section 7(1) (other than an order which is made only in consequence of a body changing its name or being closed); bb an order under section 7B(2)(a) which establishes a regional board; bc an order under section 7B(2)(b) which adds or removes an entry (but not including an order which removes an entry relating to a body which has been closed, wound up or has otherwise ceased to exist); bd an order under section 7C(1) for which a proposal or approval under section 7C(2) is required; be an order under section 9D(2) (other than an order which does no more than increase the amount specified in a previous order by an amount that is no greater than the amount which the Scottish Ministers, having had regard to any retail price index, consider is required in order to maintain the value of the previously specified amount in real terms); bf an order under section 23O(11); , d after paragraph (c) insert ; or ca an order under paragraph 18 of schedule 2B (other than an order which does no more than vary the minimum number of members of a regional board or vary the maximum number of members which may be appointed in pursuance of paragraph 3(2)(f)), . 23 In section 35— a in subsection (1)— i after the definition of “the 1992 Act” insert— “ college of further education ” means the governing body of a body— a by which fundable further education or fundable higher education is provided; and b which is not a higher education institution; , ii in the definition of “fundable body”, for “6(2)” substitute “ 6(1) ” , iii after the definition of “fundable higher education” insert— “ fundable post-16 education body ” is to be construed in accordance with section 6(2); “ higher education institution ” means an institution which is— a a university; or b a designated institution (within the meaning of section 44(2) of the 1992 Act); , iv after the definition of “the Parliament” insert— “ post-16 education body ” means— a any fundable post-16 education body; and b any college of further education assigned to a regional strategic body by order made under section 7C(1); “ recognised ”, in relation to a trade union, has the meaning given by section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 1992; “ regional board ” is to be construed in accordance with section 7B(1)(b); “ regional college ” means a college of further education designated as a regional college by order made under section 7A(1); “ regional strategic body ” is to be construed in accordance with section 7B(1)(a); , b in subsection (2), omit “fundable” in each of the seven places where it occurs, c after subsection (2) insert— 3 In this Act— a any reference to the locality of a college of further education is a reference to any locality in which the college provides fundable further education or fundable higher education (other than by way of distance or open learning); and b any reference (other than in sections 23A and 23E) to the locality in which fundable further education or fundable further education is provided does not include reference to any such education which is provided by way of distance or open learning. . 24 In schedule 1, in paragraph 4— a the existing provision becomes sub-paragraph (1), and b after that sub-paragraph insert— 2 A person is disqualified from appointment as a member of the Council if that person— a has within 5 years of the date on which the appointment would take effect, been sentenced (following conviction for an offence in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic) to imprisonment for a period of not less than 3 months, whether suspended or not, without the option of a fine; b is an undischarged bankrupt; or c has been removed from office under section 24 of the 1992 Act (in relation to any college) or section 23Q of this Act (in relation to any regional board). 3 For the purposes of sub-paragraph (2)(b), “ undischarged bankrupt ” means a person— a whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force); b who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it); c who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 or the Insolvency Act 1986; d who is the subject of a bankruptcy restrictions undertaking entered into under either of those Acts; e who has been adjudged bankrupt (and has not been discharged); or f who is subject to any other kind of order, arrangement or undertaking analogous to those described in paragraphs (a) to (d), anywhere in the world. 4 A person is disqualified from holding office as a member of the Council if that person— a is sentenced as mentioned in sub-paragraph (2)(a); b has become a person to whom sub-paragraph (2)(b) applies; or c is removed from office as mentioned in sub-paragraph (2)(c). . Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) 9 In the definition of “further education institution” in paragraph 15 of schedule 2 to the Protection of Vulnerable Groups (Scotland) Act 2007, after “(asp 6)” insert “ or a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act ” . S. 1 in force at 10.10.2013 by S.S.I. 2013/281 , art. 2 , Sch. S. 6(2) in force at 10.10.2013 by S.S.I. 2013/281 , art. 2 , Sch. S. 13 in force at 10.10.2013 for specified purposes by S.S.I. 2013/281 , art. 2 , Sch. S. 21 in force at 10.10.2013 for specified purposes by S.S.I. 2013/281 , art. 2 , Sch. Sch. para. 2(7)(d) in force at 10.10.2013 for specified purposes by S.S.I. 2013/281 , art. 2 , Sch. Sch. para. 3 in force at 10.10.2013 by S.S.I. 2013/281 , art. 2 , Sch. Sch. para. 8(5)(a)(i) (22)(a) (22)(b) in force at 10.10.2013 by S.S.I. 2013/281 , art. 2 , Sch. Sch. para. 8(22)(c) in force at 10.10.2013 for specified purposes by S.S.I. 2013/281 , art. 2 , Sch. S. 5(1) in force at 13.1.2014 by S.S.I. 2013/348 , art. 2 , Sch. S. 18 in force at 13.1.2014 by S.S.I. 2013/348 , art. 2 , Sch. S. 20 in force at 13.1.2014 by S.S.I. 2013/348 , art. 2 , Sch. S. 21 in force at 13.1.2014 for specified purposes by S.S.I. 2013/348 , art. 2 , Sch. Sch. para. 2(1) in force at 13.1.2014 by S.S.I. 2013/348 , art. 2 , Sch. Sch. para. 2(2)(b) in force at 13.1.2014 for specified purposes by S.S.I. 2013/348 , art. 2 , Sch. Sch. para. 8(1) (23)(a)(i) in force at 13.1.2014 by S.S.I. 2013/348 , art. 2 , Sch. Sch. para. 8(23)(a)(iii) in force at 13.1.2014 for specified purposes by S.S.I. 2013/348 , art. 2 , Sch. Sch. para. 8(23)(a)(iv) in force at 13.1.2014 for specified purposes by S.S.I. 2013/348 , art. 2 , Sch. S. 2 in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 S. 3 in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 S. 4 in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 (with art. 3(2) ) S. 5(2) in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 S. 6(1) in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 (with art. 5 , Sch. 2 ) S. 7 in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 (with art. 3(2) ) S. 8(1) (2) in force at 3.3.2014 for specified purposes by S.S.I. 2014/21 , art. 2 , Sch. 1 S. 8(3) in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 S. 9(1) in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 S. 13 in force at 3.3.2014 in so far as not already in force by S.S.I. 2014/21 , art. 2 , Sch. 1 S. 14 in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 (with art. 3(2) ) S. 15 in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 S. 16 in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 (with art. 3(1) ) S. 17 in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 (with art. 3(1) ) S. 19 in force at 3.3.2014 for specified purposes by S.S.I. 2014/21 , art. 2 , Sch. 1 (with art. 4 , Sch. 2 ) S. 21 in force at 3.3.2014 for specified purposes by S.S.I. 2014/21 , art. 2 , Sch. 1 Sch. para. 1 in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 Sch. para. 2(2)(b) in force at 3.3.2014 in so far as not already in force by S.S.I. 2014/21 , art. 2 , Sch. 1 (with arts. 3(4) , 5 , Schs. 2 ) Sch. para. 2(7)(d) in force at 3.3.2014 in so far as not already in force by S.S.I. 2014/21 , art. 2 , Sch. 1 (with arts. 3(4) , 5 , Schs. 2 ) Sch. para. 5 in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 Sch. para. 7 in force at 3.3.2014 for specified purposes by S.S.I. 2014/21 , art. 2 , Sch. 1 Sch. para. 8(2)-(4) (5)(a)(ii) in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 Sch. para. 8(6) in force at 3.3.2014 for specified purposes by S.S.I. 2014/21 , art. 2 , Sch. 1 Sch. para. 8(18) in force at 3.3.2014 for specified purposes by S.S.I. 2014/21 , art. 2 , Sch. 1 Sch. para. 8(19) (20)(a) (21) (23) (24) in force at 3.3.2014 by S.S.I. 2014/21 , art. 2 , Sch. 1 (with art. 3(3) (4) ) Sch. para. 8(22)(c) in force at 3.3.2014 for specified purposes by S.S.I. 2014/21 , art. 2 , Sch. 1 S. 8(1) (2) in force at 1.5.2014 for specified purposes by S.S.I. 2014/79 , art. 2(1) , Sch. 1 S. 9(2) in force at 1.5.2014 for specified purposes by S.S.I. 2014/79 , art. 2(1) , Sch. 1 S. 11(1) in force at 1.5.2014 by S.S.I. 2014/79 , art. 2(1) , Sch. 1 S. 11(2) in force at 1.5.2014 for specified purposes by S.S.I. 2014/79 , art. 2(1) , Sch. 1 (with art. 3 ) S. 12 in force at 1.5.2014 by S.S.I. 2014/79 , art. 2(1) , Sch. 1 S. 19 in force at 1.5.2014 by S.S.I. 2014/79 , art. 2(1) , Sch. 1 S. 21 in force at 1.5.2014 for specified purposes by S.S.I. 2014/79 , art. 2(1) , Sch. 1 Sch. para. 2(4) in force at 1.5.2014 by S.S.I. 2014/79 , art. 2(1) , Sch. 1 Sch. para. 4 in force at 1.5.2014 by S.S.I. 2014/79 , art. 2(1) , Sch. 1 Sch. para. 6 in force at 1.5.2014 by S.S.I. 2014/79 , art. 2(1) , Sch. 1 Sch. para. 7 in force at 1.5.2014 in so far as not already in force by S.S.I. 2014/79 , art. 2(1) , Sch. 1 Sch. para. 8(5)(a)(iii) (iv) (b) (c) in force at 1.5.2014 by S.S.I. 2014/79 , art. 2(1) , Sch. 1 Sch. para. 8(7)(a)(i) (d) in force at 1.5.2014 by S.S.I. 2014/79 , art. 2(1) , Sch. 1 Sch. para. 8(11) (20)(b) (22)(d) in force at 1.5.2014 by S.S.I. 2014/79 , art. 2(1) , Sch. 1 Sch. para. 8(18) (22)(c) in force at 1.5.2014 in so far as not already in force by S.S.I. 2014/79 , art. 2(1) , Sch. 1 S. 8(1) (2) in force at 1.8.2014 for specified purposes by S.S.I. 2014/144 , art. 2 S. 9(2) in force at 1.8.2014 in so far as not already in force by S.S.I. 2014/79 , art. 2(2) , Sch. 2 S. 11(2) in force at 1.8.2014 in so far as not already in force by S.S.I. 2014/79 , art. 2(2) , Sch. 2 S. 10 in force at 1.8.2014 by S.S.I. 2014/79 , art. 2(2) , Sch. 2 S. 21 in force at 1.8.2014 for specified purposes by S.S.I. 2014/79 , art. 2(2) , Sch. 2 Sch. para. 9 in force at 1.8.2014 by S.S.I. 2014/79 , art. 2(2) , Sch. 2 S. 8(1) (2) in force at 31.3.2015 in so far as not already in force by S.S.I. 2015/82 , art. 2 Sch. para. 8(6) in force at 31.3.2015 in so far as not already in force by S.S.I. 2015/82 , art. 2
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[uk-legislation-asp][asp] 2024-05-04 Crofting (Amendment) (Scotland) Act 2013
http://www.legislation.gov.uk/asp/2013/10/2013-07-31
http://www.legislation.gov.uk/asp/2013/10/2013-07-31 Crofting (Amendment) (Scotland) Act 2013 An Act of the Scottish Parliament to allow decrofting by owner-occupier crofters; and for connected purposes. text text/xml en Statute Law Database 2013-09-04 2013-07-31 Crofting (Amendment) (Scotland) Act 2013 2013 asp 10 An Act of the Scottish Parliament to allow decrofting by owner-occupier crofters; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th June 2013 and received Royal Assent on 31st July 2013 Applications to decroft by owner-occupier crofters 1 1 The Crofters (Scotland) Act 1993 (c.44) (the “ 1993 Act ”) is amended as follows. 2 After section 24 insert— Applications to decroft by owner-occupier crofters 24A 1 An owner-occupier crofter may apply to the Commission for a decrofting direction. 2 In this section and in sections 24B to 24D, a “decrofting direction” is a direction that the owner-occupier's croft is to cease to be a croft. Commission's powers in relation to applications under section 24A 24B 1 The Commission may, on an application under section 24A(1), give a decrofting direction or refuse to grant the application. 2 But the Commission need not consider the application if— a they have given the owner-occupier crofter a direction under section 26J(1) requiring the owner-occupier crofter to submit proposals for letting the owner-occupier's croft and the period within which such proposals must be submitted has not expired, or b no such proposals having been submitted before the expiry of that period or, such proposals having been submitted, no such proposal having been approved, they are proceeding in accordance with subsections (7) and (8) of section 26J. 3 And, where the application relates to an unregistered croft, the Commission— a may not give a decrofting direction unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for the direction is made, b need not, during that 6 month period, consider the application for the direction until an application for first registration of the croft is submitted. Application of section 25 in relation to decrofting directions 24C 1 Section 25 applies in relation to an application under section 24A(1) by an owner-occupier crofter for a decrofting direction, and to such a direction, as it applies in relation to an application under section 24(3) by a landlord of a vacant croft, and to a direction under section 24(3), subject to the modifications mentioned in subsections (2) to (4). 2 In subsection (1), for paragraph (b) substitute— b in a case where— i the application is made in respect of a part of a croft, which consists only of the site of the dwelling-house on or pertaining to the croft, and ii they have not previously given a direction under section 24B(1) to the applicant in relation to such a site on or pertaining to that croft, they are satisfied that the extent of garden ground included in that part is appropriate for the reasonable enjoyment of the dwelling-house as a residence; . 3 In subsection (3), for the words from “land in respect” to the end substitute “ direction under section 24B(1) is revoked ” . 4 The following provisions of, or words in, section 25 do not apply— a subsection (1)(c), b in subsection (2), the words “or (c)”, c subsection (4), d subsections (4ZA) to (4ZD), e subsection (4A), f in subsection (6)— i the words “or subsection (4)”, ii the words “or only of land the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act”, g in subsection (7), the words “or subsection (4)”, h subsection (8)(a)(ii). Effect of decrofting direction 24D 1 Where a decrofting direction is given in relation to a croft, this Act ceases to apply to the croft. 2 But subsection (1) does not affect the subsequent exercise of any powers conferred by this Act or any other enactment for the enlargement of existing crofts. 3 Where the croft to which the decrofting direction relates is a registered croft (other than a first registered croft)— a the direction expires at the end of the period of 3 months beginning with the date on which the direction was given unless an application for registration of the giving of the direction is submitted by virtue of section 5 of the 2010 Act before the expiry of that period, b the direction takes effect on the date of registration. . Consequential modifications 2 The schedule (which contains modifications of the 1993 Act and of the Crofting Reform (Scotland) Act 2010 (asp 14) (the “ 2010 Act ”) consequential on section 1) has effect. Retrospective effect and application 3 1 The provisions mentioned in subsection (2) are to be treated for all purposes as having had effect during the period from 1 October 2011 until the coming into force of this Act. 2 Those provisions are— a the provisions of the 1993 Act inserted by section 1 (other than section 24D(3)), as modified by subsection (3), and b the modifications of that Act made by the schedule. 3 The modifications referred to in subsection (2)(a) are that— a in section 24B, subsection (3) is omitted, b in section 24C(4)(d), “(4ZC) and” is substituted for “ (4ZA) to ” . 4 Accordingly— a an application of a kind mentioned in subsection (5) is to be treated as having been made under section 24A(1) of the 1993 Act (as inserted by section 1), b a decision of a kind mentioned in subsection (6), and a direction of a kind mentioned in that subsection, is to be treated as having been made or, as the case may be, given under section 24B(1) of that Act (as so inserted). 5 The application referred to in subsection (4)(a) is one purported to have been made— a by an owner-occupier crofter under section 24(3) of the 1993 Act, b during the period from 1 October 2011 until the coming into force of this Act. 6 The decision referred to in subsection (4)(b), and the direction referred to in that paragraph, is one purported to have been made or, as the case may be, given— a by the Commission under section 24(3) of the 1993 Act, b on an application of a kind mentioned in subsection (5), c before the coming into force of this Act. 7 In this section, the “Commission” and “owner-occupier crofter” have the meanings given by the 1993 Act. Appeals against certain decisions etc. 4 1 In the case of a decision of a kind mentioned in subsection (2), section 52A of the 1993 Act applies with the modification that, in subsection (2)(b), for “the Commission dispose of the application” there is substituted “ the coming into force of the Crofting (Amendment) (Scotland) Act 2013 ” . 2 The decision referred to in subsection (1) is one purported to have been made— a by the Commission under section 24(3) of the 1993 Act, b on an application of a kind mentioned in section 3(5), c during the period from 14 January 2013 until 25 February 2013. 3 In the case of a direction of a kind mentioned in subsection (4), section 25(8) of the 1993 Act applies with the modification that, in paragraph (a), for “the giving of public notification of the making of the direction” there is substituted “ the coming into force of the Crofting (Amendment) (Scotland) Act 2013 ” . 4 The direction referred to in subsection (3) is one— a purported to have been given— i by the Commission under section 24(3) of the 1993 Act, ii on an application of a kind mentioned in section 3(5), b in respect of which the Commission gave public notification during the period from 14 January 2013 until 25 February 2013. 5 In this section, the “ Commission ” has the meaning given by the 1993 Act. Transitory provision 5 From the coming into force of this Act until 30 November 2013, the following modifications apply to the provisions of the 1993 Act inserted by section 1— a section 24B is to be read as if subsection (3) were omitted, b in section 24C, subsection (4)(d) is to be read as if “(4ZC) and” were substituted for “ (4ZA) to ” , c in section 24D, subsection (3) is to be read as if the words “(other than a first registered croft)” were omitted. Commencement 6 This Act comes into force on the day of Royal Assent. Short title 7 The short title of this Act is the Crofting (Amendment) (Scotland) Act 2013. SCHEDULE Consequential modifications (introduced by section 2) Crofters (Scotland) Act 1993 (c.44) 1 1 The 1993 Act is further amended as follows. 2 In section 3(2)(b) (effect of decrofting on meaning of “croft”), after “(3)” insert “ or 24B(1) ” . 3 In section 17(7) (duty to notify Commission of acquisition of croft land), after “24(3)” insert “ or 24B(1) ” . 4 In section 23 (vacant crofts)— a in subsection (11), after “24” insert “ , 24A to 24D ” , b in subsection (12A)— i for “and section 24 have” substitute “ has ” , ii in paragraph (b), omit “, and any reference to a landlord in section 24,”. 5 In section 41(2)(cd)(iii) (content of Register of Crofts), after “24(3)” insert “ , 24B(1) ” . Crofting Reform (Scotland) Act 2010 (asp 14) 2 1 The 2010 Act is amended as follows. 2 In section 4(4) (triggers for first registration), in paragraph (l)— a omit “or” after sub-paragraph (ii), b after that sub-paragraph insert— iia by application under section 24A(1) of that Act; or . 3 In section 5(3) (events to be registered in relation to registered crofts), in paragraph (l), for “, as the case may be, (3)” substitute “ (3) or, as the case may be, 24B(1) ” . 4 In section 10 (completion of registration: further provision on first registrations)— a in subsection (7), after “(l)(ii)” insert “ , (l)(iia) ” , b in subsection (8)(b), after “(3)” insert “ or 24B(1) ” . 5 In section 15(3) (resumed and decrofted crofts)— a in paragraph (a), for “, as the case may be, (3)” substitute “ (3) or, as the case may be, 24B(1) ” , b after that paragraph insert— aa in the case of a decrofting direction under section 24B(1), the Commission have not revoked the direction under section 25(3); . 6 In schedule 2 (persons responsible for registration)— a in Table 1, after the entry relating to section 4(4)(l)(ii) insert— The making of an application as mentioned in section 4(4)(l)(iia) The owner-occupier crofter making the application , b in Table 2, in the entry relating to section 5(3)(l), in the second column, for “landlord” substitute “ person ” .
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[uk-legislation-asp][asp] 2024-05-04 Aquaculture and Fisheries (Scotland) Act 2013
http://www.legislation.gov.uk/asp/2013/7/2024-01-01
http://www.legislation.gov.uk/asp/2013/7/2024-01-01 Aquaculture and Fisheries (Scotland) Act 2013 An Act of the Scottish Parliament to make provision about fish farming and shellfish farming; about salmon fisheries and freshwater fisheries; about sea fisheries; about shellfish waters and fisheries for shellfish; about charging in connection with functions relating to fish farming, shellfish farming, salmon fisheries, freshwater fisheries and sea fisheries; about fixed penalty notices for offences under certain aquaculture, fisheries and other marine legislation; and for connected purposes. text text/xml en Statute Law Database 2024-01-17 Expert Participation 2024-01-01 Aquaculture and Fisheries (Scotland) Act 2013 2013 asp 7 An Act of the Scottish Parliament to make provision about fish farming and shellfish farming; about salmon fisheries and freshwater fisheries; about sea fisheries; about shellfish waters and fisheries for shellfish; about charging in connection with functions relating to fish farming, shellfish farming, salmon fisheries, freshwater fisheries and sea fisheries; about fixed penalty notices for offences under certain aquaculture, fisheries and other marine legislation; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 15th May 2013 and received Royal Assent on 18th June 2013 PART 1 Aquaculture CHAPTER 1 Fish farm management Fish farm management agreements and statements 1 1 The Aquaculture and Fisheries (Scotland) Act 2007 is amended in accordance with this section. 2 After section 4 insert— Fish farm management agreements and statements Fish farm management agreements and statements 4A 1 A person who carries on a business of fish farming at a fish farm located within a farm management area must— a be party to a farm management agreement, or prepare and maintain a farm management statement, in relation to the fish farm, and b ensure that the fish farm is managed and operated in accordance with the agreement or (as the case may be) statement. 2 For the purposes of this section, a “farm management agreement” is an agreement— a between two or more persons who carry on a business of fish farming at fish farms located in a farm management area, and b which contains provision about the matters specified in subsection (4). 3 For the purposes of this section, a “farm management statement” is a statement— a prepared and maintained by a person who— i carries on a business of fish farming at a fish farm located in a farm management area, and ii is not, in relation to that fish farm, party to a farm management agreement, and b which contains provision about the matters specified in subsection (4). 4 The matters referred to in subsections (2)(b) and (3)(b) are— a a description of the farm management area and the fish farm or farms to which the agreement or statement applies, b arrangements for— i fish health management, ii management of parasites, iii the movement of live fish on and off the farms, iv the harvesting of fish, v fallowing of the farms after harvesting, c review of the agreement or statement at least every 2 years, d in the case of a farm management agreement, arrangements for persons to become, or cease to be, parties to the agreement. 5 In this section— the “ Code of Practice ” means the document called the Code of Good Practice for Scottish Finfish Aquaculture as issued and revised from time to time by the body known as the Code of Good Practice Management Group, “ farm management area ” means an area specified as such in the Code of Practice. 6 The Scottish Ministers may by order modify the definition of the Code of Practice in subsection (5) so as to— a substitute a reference to another document for the one for the time being referred to in that definition, b substitute a reference to another body for the one for the time being referred to in that definition. 7 An order under subsection (6) may— a include incidental, supplemental, consequential, transitional, transitory or saving provision, b modify any enactment, instrument or document. Inspections: farm management agreements and statements 4B 1 An inspector may carry out an inspection of any fish farm to which section 4A(1) applies for the purpose of ascertaining whether that section is being complied with. 2 In particular, an inspection under subsection (1) may include— a taking samples (including samples of fish or material from fish), b examining, and taking copies of, documents or records. 3 An inspector may arrange for the carrying out of such tests as the inspector considers necessary, using samples taken during an inspection under subsection (1), for the purpose mentioned in subsection (1). . 3 In section 6 (enforcement notices), for subsection (1) substitute— 1 Where the Scottish Ministers are satisfied that a person who carries on a business of fish farming— a does not have satisfactory measures in place for any of the purposes mentioned in subsection (2), or b in relation to a fish farm to which section 4A(1) applies, has failed or is failing to comply with that section, the Scottish Ministers may serve a notice (“an enforcement notice”) on the person. . 4 In section 43(3) (orders subject to affirmative procedure), in paragraph (a), after “section” insert “ 4A(6) or ” . Escapes, and obtaining samples, from fish farms 2 1 The Aquaculture and Fisheries (Scotland) Act 2007 is amended in accordance with this section. 2 In section 5 (inspections: containment and escape of fish)— a in subsection (2), after paragraph (b) insert— ba ascertaining the origin of fish known or believed to have escaped from the fish farm or any other fish farm, , b in subsection (3), in paragraph (a), after “equipment” insert “ , fish or material from fish ” . 3 After section 5 insert— Sampling Obtaining samples from fish farms 5A 1 An inspector may take samples of fish, or material from fish, on a fish farm for any of the purposes mentioned in subsection (3). 2 An inspector may require a person who carries on a business of fish farming to provide the inspector with samples of fish, or material from fish, on the fish farm for a purpose mentioned in subsection (3). 3 The purposes are— a assisting any investigations into escapes of fish from fish farms that may require to be carried out, b analysing the samples mentioned in subsections (1) and (2) for scientific or other research, c assessing the impact of— i the operations of fish farms on the environment, ii escapes of fish from fish farms on stocks of fish other than those on fish farms, and d developing methods of tracing the origins of fish that escape from fish farms. 4 This section is without prejudice to sections 4B and 5. . CHAPTER 2 Fish farming: equipment and wellboats Equipment Technical requirements for equipment used in fish farming 3 1 The Scottish Ministers may, for a purpose mentioned in subsection (2), by regulations— a prescribe technical requirements for equipment to be used for or in connection with fish farming, b impose requirements on fish farm operators in relation to the training of their employees or agents in connection with the installation, maintenance or operation of equipment for which requirements are prescribed under paragraph (a), and c make provision for ensuring compliance with the requirements prescribed or imposed by the regulations. 2 The purposes are— a the containment of fish, b the prevention of escape of fish, c the prevention, control or reduction of parasites, pathogens or diseases. 3 Regulations under subsection (1) may, in particular— a prescribe requirements as to the design, construction (including the materials used in construction), manufacture, installation, maintenance or size of equipment, b provide for the appointment or authorisation of persons (“inspectors”) to inspect equipment and records for the purpose of ensuring compliance with the regulations, c for that purpose, confer on inspectors— i powers of entry, search and seizure, ii powers to obtain information or evidence, d impose requirements on fish farm operators, or their employees or agents, as to— i the provision of information to inspectors, ii allowing access by inspectors, and iii cooperation with inspectors, e confer powers on inspectors to impose such requirements, f impose requirements on fish farm operators, or their employees or agents, as to— i the keeping of records in relation to equipment and the making of those records available for inspection, ii the keeping of records in relation to training provided or undertaken in pursuance of any requirement imposed under subsection (1)(b) and the making of those records available for inspection, iii the notification or reporting of failures in equipment, g create criminal offences in relation to failures to comply with the regulations and make other provision for dealing with such offences, including— i the provision of defences, ii evidential matters, h provide for other sanctions for dealing with such failures, i provide for procedures (including appeals) for enforcing compliance with the regulations, j make different provision for different types of fish farming and different species of fish. 4 Regulations under subsection (1) may prescribe or impose requirements— a by reference to a document published by or on behalf of the Scottish Ministers or such other person, or person of such description, as is specified in the regulations, or b by reference to the approval or satisfaction of such person, or person of such description, as is specified in the regulations. 5 Where regulations under subsection (1) create a criminal offence, they must provide for the offence to be— a triable summarily, and b punishable by a fine not exceeding level 4 on the standard scale. 6 Regulations under subsection (1) may provide for continuing offences and for any such offences to be punishable by a daily or other periodic fine of such amount as is specified in the regulations. 7 Sanctions provided for under subsection (3)(h) may include suspension or revocation of any authorisations required by fish farm operators to operate as such. 8 In this section, “ fish farm operators ” means persons carrying on a business of fish farming. Wellboats Meaning of “wellboat” 4 1 In this Chapter, “ wellboat ” means a vessel that contains a tank or well for holding water (including sea water)— a into which live farmed fish may be taken, and b in which the fish may be subsequently kept, for a purpose mentioned in subsection (2). 2 The purposes are— a the transportation of farmed fish, b the storage of farmed fish, c the slaughter of farmed fish, d the treatment of farmed fish in connection with health, parasites, pathogens or diseases, e the grading of farmed fish. 3 For the purposes of this section, it is irrelevant whether or not the farmed fish remain alive in the course of any activity mentioned in subsection (2). 4 In this section— “ farmed fish ” means fish produced by fish farming, and “ grading ”, in relation to farmed fish, means separating and sorting the fish according to size. Control and monitoring of operations of wellboats 5 1 The Scottish Ministers may by regulations make provision for or about controlling and monitoring the operations of any wellboat in Scotland. 2 Regulations under subsection (1) may, in particular, include provision for or about— a the measures to be taken to prevent, reduce, remove or otherwise control the risk of the spread of parasites, pathogens or diseases as a result of wellboat operations, b the installation of such equipment, or types of equipment, as may be specified— i to prevent, reduce, remove or otherwise control such a risk, ii to enable compliance with the regulations to be monitored, c the reporting to the Scottish Ministers of such matters as may be specified. 3 Regulations under subsection (1) may impose requirements on, and only on— a the master of a wellboat, b an owner of a wellboat, c a charterer of a wellboat. 4 Regulations under subsection (1) may make different provision for— a different descriptions of wellboat, b different operations, c different species of fish, d different periods of time. 5 A person commits an offence if the person— a acts in contravention of regulations under subsection (1), b fails to take any action required of that person by such regulations, or c otherwise fails to comply with any requirement imposed on that person by such regulations. 6 No proceedings may be taken or continued against a person for an offence under subsection (5) in respect of a matter in relation to which an enforcement notice under section 6 has been served. 7 It is a defence for a person charged with an offence under subsection (5)(b) or (c) to show that the person had a reasonable excuse for failing to take any action or (as the case may be) to comply with any requirement mentioned in that subsection. 8 A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. 9 In this section, “ specified ” means specified in regulations made under subsection (1). Enforcement notices 6 1 This section applies where the Scottish Ministers are satisfied that a person has failed or is failing to comply with any requirement imposed on that person by regulations under section 5(1). 2 The Scottish Ministers may serve a notice (an “enforcement notice”) on the person. 3 The enforcement notice must specify— a the grounds for the service of the notice, b the action that the person on whom it is served is required to take in order to ensure compliance with the regulations, and c the date by which that action is to be taken, which must be no earlier than 14 days after the day on which the notice is served. 4 The Scottish Ministers may publicise the serving of an enforcement notice; and they may do so to such extent, in such manner and in such form as they think fit. 5 A person on whom an enforcement notice has been served may appeal by way of summary application to a sheriff against the notice. 6 An appeal under subsection (5) must be made before the expiry of the period of 7 days beginning with the day on which the notice is served. 7 Where an appeal is made under subsection (5), the enforcement notice has no effect until the appeal is withdrawn or finally determined. 8 In an appeal under subsection (5)— a the sheriff may make such order as the sheriff thinks appropriate, and b the sheriff's decision is final. 9 If the appeal is not upheld, the date by which the action specified in the notice is to be taken is such date as the sheriff may specify in the order disposing of the appeal. 10 A person on whom an enforcement notice has been served commits an offence if the person fails to comply with the requirements of the notice. 11 It is a defence for a person charged with an offence under subsection (10) to show that the person had a reasonable excuse for failing to comply with such requirements. 12 A person who commits an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. Marine enforcement officers' functions 7 1 For the purpose of enforcing regulations under section 5(1), a marine enforcement officer has— a the common enforcement powers conferred by Part 7 of the Marine (Scotland) Act 2010, b the power conferred by section 150 of that Act (power to require information relating to certain substances and objects), c the power conferred by subsection (2), and d the powers conferred by section 8. 2 Where the requirements of an enforcement notice under section 6 have not been complied with, a marine enforcement officer may take such action as the officer considers necessary to fulfil the requirements. 3 Sections 151 to 155 of the Marine (Scotland) Act 2010 (duties and liabilities of, and offences in relation to, marine enforcement officers) have effect as if— a any reference to a power conferred by Part 7 of that Act included a reference to— i such a power as applied by subsection (1), ii the power conferred by subsection (2), and iii the powers conferred by section 8, and b any reference to a marine enforcement officer's functions under that Act included a reference to— i such functions as applied by subsection (1), ii a marine enforcement officer's function under subsection (2), and iii a marine enforcement officer's functions under section 8. 4 The powers which a marine enforcement officer has for the purposes of enforcing regulations under section 5(1) may be exercised in the Scottish marine area and in any other part of Scotland. 5 A marine enforcement officer may take action as mentioned in subsection (2) whether or not proceedings have been taken for an offence under section 6(10). 6 The Scottish Ministers may recover any expenses reasonably incurred by a marine enforcement officer in taking action as mentioned in subsection (2) from the person on whom the enforcement notice was served. 7 In this section, “ Scottish marine area ” has the same meaning as in section 1 of the Marine (Scotland) Act 2010. Power to detain wellboats in connection with court proceedings 8 1 This section applies where— a a marine enforcement officer has reasonable grounds for suspecting that an offence under section 5(5) has been committed by the master, an owner or a charterer of a wellboat (referred to as “ A ”), and b the officer reasonably believes that— i if proceedings are taken against A for the offence, there is a real risk that A will not attend court unless the wellboat is detained under this section, or ii if A is convicted of the offence and the court by or before which A is convicted imposes a fine on A, it is likely that the court will order the vessel to be detained. 2 Where this section applies, a marine enforcement officer may— a take, or arrange for another person to take, the wellboat and its crew to the port that appears to the officer to be the nearest convenient port, or b require any person who is for the time being in charge of the wellboat to take it and its crew to that port. 3 When the wellboat has been taken to port, the officer may— a detain it there, or b require the person for the time being in charge of it to do so. 4 A marine enforcement officer who detains a wellboat under this section must, if it is reasonably practicable to do so, serve a notice on the person who is for the time being in charge of the wellboat. 5 The notice must state— a the reasons for detaining the wellboat, and b the circumstances in which the wellboat may be released. Release of wellboat detained under section 8 9 1 This section applies where a wellboat is being detained under section 8. 2 The wellboat ceases to be detained under that section if one of the following things occurs— a the notice of detention is withdrawn, b a sheriff orders the release of the wellboat under section 10, c any proceedings taken against the master, owner or charterer of the wellboat have concluded, d the court referred to in section 8(1)(b)(ii) exercises any power it has to order the wellboat to be detained. 3 A notice of detention is withdrawn by the service by a marine enforcement officer of a further notice on the person who is for the time being in charge of the wellboat, stating that the wellboat is released. 4 If any of the grounds of release mentioned in subsection (5) applies, then any notice of detention must be withdrawn as soon as possible. 5 The grounds of release are— a that a procurator fiscal has decided not to take any proceedings against the master, owner or charterer of the wellboat in respect of any offence in relation to which the wellboat was detained, b where a fixed penalty notice has been issued in respect of such an offence, that the appropriate fixed penalty has been paid, c that there are no grounds for believing that any person referred to in paragraph (a) against whom proceedings have been, or may be, taken will fail to attend court, d that there are no grounds for believing that the court referred to in section 8(1)(b)(ii) will order the wellboat to be detained. 6 In this section— “ appropriate fixed penalty ” has the meaning given in section 27(2) of the Aquaculture and Fisheries (Scotland) Act 2007 (amount and payment of fixed penalty), “ fixed penalty notice ” means a fixed penalty notice under section 25(1) of that Act (issue of fixed penalty notices), “ notice of detention ” means a notice served under section 8(4). Power of sheriff to order release of wellboats 10 1 This section applies where a wellboat is being detained under section 8. 2 If, on an application to a sheriff by the master, an owner or a charterer of the wellboat, the sheriff is satisfied as to either of the matters mentioned in subsection (4), the sheriff may order that the wellboat be released. 3 An application under subsection (2) is to be made by way of summary application. 4 Those matters are that— a the continued detention of the wellboat under section 8 is not necessary to secure that the master, an owner or a charterer of the wellboat will attend court, or b there are no grounds for believing that the court referred to in subsection (1)(b)(ii) of that section will order the vessel to be detained. CHAPTER 3 Commercially damaging species Orders relating to commercially damaging species Specification of commercially damaging species 11 1 The Scottish Ministers may, for the purposes of this Chapter, by order specify as a commercially damaging species— a a species of fish or shellfish, b any other species of animal, c a species of plant. 2 The Scottish Ministers may make an order under subsection (1) in relation to a species only if they consider that the species— a if not controlled, would be likely to have a significant adverse impact on the economic or commercial interests of a person who carries on a business of fish farming or shellfish farming, and b is itself of little or no commercial value. Movement of species, etc. 12 1 The Scottish Ministers may by order make provision for or about the prohibition or control of the movement of— a any commercially damaging species that is present, or suspected of being present, in any body of water, b any other species of animal or plant the movement of which may be associated with the movement of such a commercially damaging species, c any equipment or other material used for or in connection with fish farming or shellfish farming, the movement of which may be so associated, d water in which a commercially damaging species, or a species mentioned in paragraph (b), is present or suspected of being present. 2 An order under subsection (1) may— a designate an area in respect of which any prohibition or control of movement applies, b make provision in relation to the enforcement of the provisions of the order, including provision for the issue of notices imposing requirements and the action that may be taken in cases where such notices are not complied with, c make provision in relation to appeals against such notices or other actions taken in connection with the enforcement of the provisions of the order, d where the movement of— i a species, ii equipment or other material, or iii water in which a species is present or suspected of being present, is controlled by the order, specify conditions or requirements in respect of such movement (including conditions that must be satisfied before such movement is permitted), e make different provision for— i different types of commercially damaging species, ii different types of animal or plant as mentioned in paragraph (b) of subsection (1), iii different types of equipment or other material as mentioned in paragraph (c) of that subsection. 3 A person commits an offence if the person— a acts in contravention of an order under subsection (1), b fails to take any action required of the person by such an order, or c otherwise fails to comply with any requirement imposed on the person by such an order. 4 It is a defence for a person charged with an offence under subsection (3)(b) or (c) to show that the person had a reasonable excuse for failing to take the action or (as the case may be) to comply with any requirement mentioned in that subsection. 5 A person who commits an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Orders under section 12(1): samples and surveillance 13 1 An order under section 12(1) may include provision for or about— a the taking of samples of any fish from a fish farm, or shellfish from a shellfish farm, by a person appointed by the Scottish Ministers (an “appointed person”), b the taking of samples of material from any such fish or shellfish by an appointed person, c the analysis of such fish or shellfish, or such material, by an appointed person for the purposes of ascertaining whether a commercially damaging species is present on the fish farm or shellfish farm, d the powers of an appointed person, including powers to— i enter any land, fish farm or shellfish farm, ii enter any premises (other than a dwelling house) associated with the management or operation of a fish farm or shellfish farm, iii require the operator of a fish farm or shellfish farm to provide the appointed person with samples such as are mentioned in paragraph (a) or (b), e the size of any sample such as is mentioned in either of those paragraphs. 2 Subsection (3) applies to an order under section 12(1) that controls the movement of fish or shellfish that are produced by fish farming or shellfish farming. 3 The order may include provision for or about— a requiring a person who carries on a business of fish farming or shellfish farming to carry out a programme of surveillance of— i the fish or shellfish the movement of which is controlled by the order, ii any other animal, or any plant, specified in the order that is present at the place to which the fish or shellfish mentioned in sub-paragraph (i) are to be, or have been, moved, iii such conditions of that place as may be specified in the order, b the carrying out by a person appointed by the Scottish Ministers of such a programme of surveillance, c the powers of a person so appointed, including powers to enter— i any land, fish farm or shellfish farm, ii any premises (other than a dwelling house) associated with the operation or management of a fish farm or shellfish farm, d the matters which such a programme of surveillance is to address, including any risks associated with the movement of the fish or shellfish controlled by the order. 4 An order under section 12(1) which includes provision conferring a power such as is mentioned in subsection (1)(d)(i) or (ii) or subsection (3)(c) must provide— a for the power to be exercised at a reasonable hour, unless the person exercising it considers the case is one of urgency, and b for any person who proposes to exercise the power to produce, if so required, evidence of the person's identity and appointment. Offences relating to persons appointed under section 13 14 1 A person commits an offence if the person— a fails to comply with a requirement imposed by a person appointed by virtue of subsection (1)(a) or (3)(b) of section 13, or b wilfully obstructs such a person in the exercise of a power conferred by an order under section 12(1). 2 It is a defence for a person charged with an offence under subsection (1)(a) to show that the person had a reasonable excuse for the failure. 3 A person who commits an offence under subsection (1)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 4 A person who commits an offence under subsection (1)(b) is liable— a on summary conviction, to a fine not exceeding the statutory maximum, and b on conviction on indictment, to a fine. Notification of presence of commercially damaging species 15 1 Any person who carries on a business of fish farming or shellfish farming at a fish farm or shellfish farm must notify the Scottish Ministers as soon as reasonably practicable after the person becomes aware of, or suspects, the presence of a commercially damaging species on the fish farm or shellfish farm. 2 Subsection (1) applies to any person who is employed, or acts as an agent, in connection with the operation of a fish farm or shellfish farm as it applies to a person mentioned in that subsection; but notification under this subsection need not be given if it has been given under subsection (1). 3 Notification under subsection (1) or (2) must contain the following— a where the fish farm or shellfish farm is authorised as an aquaculture production business under regulation 6 of the Aquatic Animal Health (Scotland) Regulations 2009 ( S.S.I. 2009/85), the name and number of the site where the commercially damaging species is present or suspected of being present, b the name and contact details of— i the person providing the notification, and ii the person carrying on the business of fish farming or shellfish farming at the fish farm or shellfish farm, c the grid reference on the ordnance map of the fish farm or shellfish farm, or part of such farm, where the commercially damaging species is present or is suspected of being present, d the type of commercially damaging species (if known), e the date on which the person providing the notification first became aware of, or suspected, the presence of the commercially damaging species, f the age in months of the commercially damaging species (if known), and g the stage of growth of the commercially damaging species (if known). 4 A person who fails to give a notification in accordance with subsection (1) or (2) commits an offence. 5 It is a defence for a person charged with an offence under subsection (4) to show that the person had a reasonable excuse for failing to give the notification. 6 A person who commits an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Control Control agreements 16 1 This section applies where the Scottish Ministers are satisfied that a commercially damaging species is present on a fish farm or shellfish farm. 2 The Scottish Ministers must form a preliminary view as to whether and, if so, what measures should be taken to— a remove the species from, b reduce the incidence of the species on, c prevent the spread of the species beyond, or d otherwise control the species on, the fish farm or shellfish farm. 3 Where the Scottish Ministers form a preliminary view under subsection (2) that measures should be taken, they must— a serve notice on the person who carries on a business of fish farming or shellfish farming at the fish farm or shellfish farm of the preliminary view, and b consult the person in order to secure agreement— i that measures require to be taken, ii as to what measures require to be taken, and within what time limit, iii as to who is to take such measures, and iv as to such other matters as appear to the Scottish Ministers to be necessary for the purposes of such an agreement. 4 Where agreement is reached on the matters mentioned in subsection (3)(b), the Scottish Ministers must prepare an agreement (a “control agreement”) specifying— a the parties to it, b the measures which are to be taken in relation to the commercially damaging species, c which of those measures are to be taken— i by the person who for the time being carries on a business of fish farming or shellfish farming at the fish farm or shellfish farm, and ii by the Scottish Ministers, and d the time limits within which any measures specified under paragraph (c) are to be taken. 5 A control agreement may specify different measures to be taken in respect of different fish farms or shellfish farms. 6 The Scottish Ministers must send a copy of the control agreement to the person who for the time being carries on a business of fish farming or shellfish farming at the fish farm or shellfish farm. 7 The person who for the time being carries on a business of fish farming or shellfish farming at the fish farm or shellfish farm must take such measures as the agreement may require of that person in accordance with its provisions. 8 The Scottish Ministers must, at least once in every 18 month period, review a control agreement for the purpose of assessing compliance with its provisions. Control schemes 17 1 Subsection (2) applies where the Scottish Ministers have served a notice under section 16(3)(a) in relation to a commercially damaging species that is present on a fish farm or shellfish farm, and— a either— i the Scottish Ministers are satisfied that it is not possible to secure a control agreement or that a control agreement is not being carried out, or ii 6 weeks have elapsed since the Scottish Ministers served the notice and no agreement has been reached on the matters mentioned in section 16(3)(b), and b the Scottish Ministers continue to have the view that measures should be taken to— i remove the species from, ii reduce the incidence of the species on, iii prevent the spread of the species beyond, or iv otherwise control the species on, the fish farm or shellfish farm. 2 The Scottish Ministers must make a scheme (a “control scheme”) for the purpose of ensuring that any measures mentioned in subsection (1)(b) which they consider should be taken are taken. 3 The Scottish Ministers must notify the person who carries on a business of fish farming or shellfish farming at the fish farm or shellfish farm to which the control scheme relates at least 14 days before the scheme comes into effect that the scheme has been made. 4 A control scheme must— a specify the date on which it is to come into effect (which date must be not less than 14 days after the day on which it was made), b identify the fish farm or shellfish farm to which it relates, c specify the measures that are to be taken in relation to the commercially damaging species or otherwise, d specify which of those measures are to be taken— i by the person who for the time being carries on a business of fish farming or shellfish farming at the fish farm or shellfish farm, and ii by the Scottish Ministers, and e prescribe time limits within which any measures specified under paragraph (d) are to be taken. 5 A control scheme may— a specify different measures to be taken— i by different persons such as are mentioned in subsection (4)(d), ii in respect of different fish farms or shellfish farms, b provide for the extension of any time limit prescribed in the scheme, c include incidental, supplemental, consequential, transitional, transitory or saving provision. 6 Schedule 1, which makes provision about the making, variation and revocation of control schemes, and appeals against such matters, has effect. 7 The person who for the time being carries on a business of fish farming or shellfish farming at a fish farm or shellfish farm to which a control scheme relates must take such measures as the scheme may require of that person in accordance with its provisions. 8 The Scottish Ministers must, at least once in every 12 month period, review a control scheme for the purpose of assessing compliance with its provisions. 9 Where the Scottish Ministers are of the opinion that a person has failed to comply with subsection (7), they may carry out the requirement if they are satisfied that it is still necessary to do so. Emergency action notices 18 1 This section applies where the Scottish Ministers are satisfied— a that a commercially damaging species is present on a fish farm or shellfish farm, and b that unless urgent action is taken, the commercially damaging species will spread quickly to other areas and have an immediate and significant adverse impact on— i other fish or shellfish or the ability of persons to commercially exploit them, or ii the economic or commercial interests of a person who carries on a business of fish farming or shellfish farming. 2 No notice under subsection (3) of section 16 need be served on a person mentioned in paragraph (a) of that subsection, and no consultation to secure an agreement with such a person need be carried out under paragraph (b) of that subsection. 3 But the Scottish Ministers must serve on such a person notice (an “emergency action notice”) of their intention to take urgent action in respect of the commercially damaging species. 4 An emergency action notice must state— a the type of commercially damaging species that is present on the fish farm or shellfish farm, b the nature of the threat that it poses and the impact mentioned in subsection (1)(b) that it will have, c the measures that the Scottish Ministers propose to take for the purpose of— i removing the species from, ii reducing the incidence of the species on, iii preventing the spread of the species beyond, or iv otherwise controlling the species on, the fish farm or shellfish farm, and d the places where, the times at which and the methods by which the Scottish Ministers intend to carry out such measures. 5 No earlier than 14 days after the day on which an emergency action notice has been served, the Scottish Ministers may take— a such measures as are specified in the notice, b such steps towards taking such measures as the Scottish Ministers think fit. Appeals in connection with emergency action notices 19 1 Any person who carries on a business of fish farming or shellfish farming at a fish farm or shellfish farm to which an emergency action notice under section 18 relates may appeal by way of summary application to a sheriff against— a the decision of the Scottish Ministers to serve the notice, b the terms of such a notice. 2 An appeal under subsection (1) must be made within the period of 14 days beginning with the day on which the emergency action notice is served. 3 In an appeal under subsection (1)— a the sheriff may make such order as the sheriff thinks appropriate, and b the sheriff's decision is final. Powers Power to enter fish farms, shellfish farms, etc. 20 1 A person authorised by the Scottish Ministers for a purpose mentioned in subsection (2) has the power to enter— a any land, fish farm or shellfish farm, b any premises (other than a dwelling house) associated with the management or operation of a fish farm or shellfish farm. 2 The purposes for which the Scottish Ministers may authorise a person are— a the obtaining of information by them in connection with satisfying themselves as to matters mentioned in subsection (1) of section 18, b the determination of whether any of their functions under any of sections 16 to 18 should be carried out, c the carrying out of any of those functions, d the determination of how far and in what manner any requirement placed on any person under or by virtue of this Chapter has been complied with. 3 A power of entry under this section must be exercised at a reasonable hour unless the person exercising it— a is doing so for a purpose mentioned in subsection (2)(a), b is doing so for the purpose of determining whether the Scottish Ministers' functions under section 18 should be carried out, or c otherwise considers the case is one of urgency. 4 Any person who proposes to exercise any power of entry conferred by this section must, if so required, produce evidence of the person's identity and authorisation. Offences Offences in relation to control agreements, control schemes, etc. 21 1 A person commits an offence if the person refuses or fails to comply with any requirement imposed on the person by a control agreement under section 16 or a control scheme under section 17. 2 A person commits an offence if the person wilfully obstructs any person authorised under subsection (1) of section 20 carrying out any function under that section. 3 It is a defence for a person charged with an offence under subsection (1) of failing to comply with a requirement mentioned in that subsection to show that the person had a reasonable excuse for failing to so comply. 4 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 5 A person who commits an offence under subsection (2) is liable— a on summary conviction, to a fine not exceeding the statutory maximum, b on conviction on indictment, to a fine. Interpretation of Chapter 3 Interpretation of Chapter 3 22 In this Chapter, “ commercially damaging species ” means a species specified in an order under section 11(1). CHAPTER 4 Planning permission Planning permission for marine fish farms 23 1 Section 31A of the Town and Country Planning (Scotland) Act 1997 (planning permission in respect of operation of marine fish farm) is amended in accordance with this section. 2 After subsection (2) insert— 2A Subject to subsection (4), any planning permission may be granted by the Scottish Ministers— a by order, or b on application to them in accordance with regulations under subsection (8). . 3 After subsection (4) insert— 4A Subsection (4B) applies where— a an order granting planning permission (whether by virtue of subsection (2A)(a) or subsection (3)) is revoked, and b the date of the revocation is, in relation to any marine fish farm to which the order applied, earlier than the appropriate date (within the meaning of section 26AA(2)) in respect of that fish farm. 4B For the purposes of the operation of section 26AA(1)(a)(ii) in relation to any such marine fish farm after revocation of the order, the fact that planning permission had been granted by the order is to be ignored. . 4 In subsection (8)— a paragraph (a) is repealed, and b in paragraph (b), for the words “such an application” substitute “ an application for planning permission ” . PART 2 Salmon fisheries, etc. Governance District salmon fishery boards: openness and accountability 24 1 The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section. 2 In section 44 (financial powers and duties of district salmon fishery boards), after subsection (1) insert— 1A As soon as practicable after the annual meeting held under subsection (1) above, the clerk of the board must— a arrange for the final report and audited accounts to be published; and b send a copy of the final report and audited accounts to the Scottish Ministers. 1B In subsection (1A) above, the references to the final report and audited accounts are references to— a the report and audited accounts as submitted for consideration at the annual meeting held under subsection (1) above; or b if they are revised following consideration at the meeting, the revised versions of them. . 3 After section 46 insert— Annual report 46A 1 This section applies in relation to the report to be prepared under section 44(1)(a) of this Act by a district salmon fishery board. 2 The board must ensure that the report contains, in particular— a a summary of what the board have done in carrying out their functions under this Act, or any other enactment, during the year to which the report relates, b a summary of what the board propose to do in carrying out those functions in the following year, c information about complaints made to the board during the year, including— i the number of complaints, and ii a statement of the nature of each complaint and how it was disposed of, and d a statement as to how the board— i have complied during the year with the good governance requirements, and ii propose to comply with those requirements in the following year. 3 For the purposes of subsection (2)(d) above, the “good governance requirements” are the requirements under— a this section, b section 44(1) and (1A) of this Act, and c sections 46B to 46E of this Act. Annual public meeting 46B 1 A district salmon fishery board— a must hold one public meeting in each year, to be known as the “annual public meeting” of the board, and b may hold other public meetings in the course of the year. 2 Subject to subsection (4) below, the matters to be considered at the annual public meeting are for the board to determine, but must include the final report and statement of accounts required to be prepared under section 44(1). 3 The reference in subsection (2) above to the final report and audited accounts is to be construed in accordance with section 44(1B) of this Act. 4 The board must ensure that members of the public, and others who attend or propose to attend the meeting, are given an opportunity— a to propose matters for consideration at the meeting, and b to speak at the meeting. Further provision about meetings 46C 1 Subsection (2) below applies in relation to— a the annual meeting of qualified proprietors required to be called by the clerk of a district salmon fishery board under section 44(1) of this Act, and b the annual public meeting of a district salmon fishery board. 2 The clerk of the board must, no later than 21 days before the day on which the meeting is to be held— a prepare a notice— i specifying the date and time of the meeting and the place where it is to be held, ii containing a list of the matters to be considered at the meeting, iii stating that the meeting is open to the public, and iv in the case of the annual public meeting, providing information as to how salmon anglers, tenant netsmen and other members of the public can submit proposals for matters to be considered at the meeting, b arrange for the notice to be published in such manner as the clerk considers appropriate, and c send a copy of the notice to the Scottish Ministers. 3 In relation to any other meeting of a district salmon fishery board, the clerk of the board must— a take such steps as the clerk considers appropriate to publicise the meeting, and b subject to subsection (6) below, ensure that the public are given an opportunity to attend the meeting. 4 Subsections (5) to (9) below apply in relation to— a the meetings referred to in subsection (1) above, and b any other meeting of a district salmon fishery board. 5 Subject to subsection (6) below, the board must ensure that the business at the meeting is conducted in public. 6 In the case of a meeting other than the annual public meeting, the board may, if there is a good reason for doing so, decide to conduct the meeting, or to consider any particular item of business, in private. 7 As soon as practicable after the meeting, the clerk of the board must— a prepare a minute of the meeting, b arrange for the minute to be published in such manner as the clerk considers appropriate, and c in the case of the minutes of the meetings referred to in subsection (1) above, send a copy of the minutes to the Scottish Ministers. 8 Subsection (9) below applies where the board decide— a to conduct the meeting in private, or b to consider any item of business at the meeting in private. 9 The board must state reasons for the decision and ensure that the statement of reasons is included in the minute of the meeting. Complaints procedure 46D 1 A district salmon fishery board must maintain, and keep under review, proper arrangements for dealing with complaints made to the board about the way in which the board have carried out, or propose to carry out, their functions under this Act or any other enactment. 2 A board's arrangements under subsection (1) above must, in particular, include provision for dealing with complaints made by— a members of the public, b proprietors of salmon fisheries in the board's district, c salmon anglers in the board's district, d tenant netsmen in the board's district, e members of the board, f other district salmon fishery boards. 3 The arrangements may make different provision in relation to different categories of complaint or complainant. 4 As soon as practicable after making or reviewing arrangements under subsection (1) above, a district salmon fishery board must— a take such steps to publicise the arrangements as the board consider appropriate in order to bring them to the attention of persons who may wish to make complaints, and b send to the Scottish Ministers a note of the arrangements. 5 A district salmon fishery board must keep records of complaints made to the board about the way in which they have carried out, or propose to carry out, their functions, including information about how each complaint was disposed of. Members' interests 46E 1 A district salmon fishery board must maintain, and keep under review, proper arrangements for the registration and declaration of relevant financial interests of members of the board. 2 A board's arrangements under subsection (1) above must, in particular, include provision for— a further defining what are relevant financial interests, b the clerk to keep a register of members' relevant financial interests, c members to register their relevant financial interests in the register, d members to declare any relevant financial interests before taking part in the board's consideration of any business, e members to be excluded from taking part in the board's consideration of any business in which the member has a relevant financial interest. 3 A district salmon fishery board must ensure that the register of members' relevant financial interests is made available for public inspection. 4 In this section, “relevant financial interests”— a means interests of a pecuniary nature that could be affected by a decision of the board, or the holding of which could otherwise have a bearing on or otherwise influence a member's view on any matter being considered by the board, and b includes such interests held by a member or by another person with whom the member has a personal or business relationship. Ministerial power to modify the good governance requirements 46F 1 The Scottish Ministers may by order— a modify any of the good governance requirements, b modify this Act so as to impose further requirements on district salmon fishery boards. 2 An order under subsection (1) above may make only such provision as the Scottish Ministers consider necessary for a purpose specified in subsection (3) below. 3 The purposes are— a ensuring that the boards' affairs are conducted in an open and accountable manner, b ensuring that the boards' affairs are conducted to appropriate standards of propriety and good governance. 4 An order under subsection (1) above may include incidental, supplemental, consequential, transitional, transitory or saving provision. 5 In this section, the “ good governance requirements ” has the same meaning as in section 46A(3) of this Act. Ministerial power to dissolve the committee constituting a board 46G 1 This section applies where the Scottish Ministers consider that a district salmon fishery board have persistently— a failed to comply with the good governance requirements, or b otherwise contravened the requirements of this Act. 2 The Scottish Ministers may by order dissolve the committee constituting the board on a date specified in the order. 3 The dissolution of the committee by an order under subsection (2) above has the same effect in relation to the committee (and the board) as the expiry of the period of three years mentioned in sections 43(3) and 47(1) of this Act. 4 Accordingly, the references in section 43(3) and 47(1) of this Act to the expiry of the period of three years are to be read, in relation to a committee dissolved by an order under subsection (2) above, as including a reference to the date of dissolution specified in the order. 5 In this section, the “ good governance requirements ” has the same meaning as in section 46A(3) of this Act. . 4 In section 68 (orders and regulations), in subsection (4), after “Act” insert “ , and no order is to be made under section 46F(1) of this Act, ” . Duty to consult and report before making certain applications 25 1 The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section. 2 In each of the following provisions, for “10” substitute “ 9B ” a subsection (7) of section 33 (salmon fishing: regulations as to baits and lures), b subsection (3) of section 35 (designation orders), c subsection (4) of section 36 (estuary limits), d subsection (4) of section 37 (annual close times for salmon). 3 In schedule 1 (procedure for making certain orders and regulations under the Act), before paragraph 10 insert— 9B 1 This paragraph applies where a person (the “applicant”) proposes to make an application to the Scottish Ministers under paragraph 1, 3, 5 or 7 above. 2 The applicant must— a give notice in accordance with sub-paragraph (3) below that an application is proposed, b specify in the notice the period within which, and the manner in which, representations or objections with respect to the proposed application may be made, c specify in the notice details of— i where and how such representations or objections (if any are made) may be viewed, and ii how copies of any such representations or objections that are made may be obtained, d consult persons who, so far as the applicant can reasonably ascertain, have an interest in, or may be affected by, the proposed application, and e specify the period (being not less than 28 days beginning with the date of consultation) within which, and the manner in which, representations or objections with respect to the proposed application may be made by such persons. 3 A notice of the proposed application must be published at least once in each of two successive weeks in a newspaper (which may be a local newspaper) circulating in the district or districts affected by the proposed application. 4 The period mentioned in sub-paragraph (2)(b) above is a period of not less than 28 days beginning with— a if notice of the proposed application is published only once in the first of the two successive weeks as mentioned in sub-paragraph (3) above, the date on which it is published in that week, b if such notice is published more than once in the first of those two successive weeks, the date on which it is first published in that week. 5 In deciding whether or not to make the proposed application, the applicant must take into account any representations and objections made in respect of it. 6 Having decided whether or not to make the proposed application, the applicant must— a publish in a newspaper (which may be a local newspaper) circulating in the district or districts affected by the proposed application a notice containing— i a summary of the reasons for the decision, ii details of where and how a written statement of such reasons may be viewed, and iii details of how copies of such a written statement may be obtained, and b send a copy of such a written statement to any person who made representations or objections to the proposed application under this paragraph. 7 The costs of complying with sub-paragraphs (2) and (6) above are to be met by the applicant. 9C 1 This paragraph applies where an applicant, having complied with the requirements of paragraph 9B above, decides to make an application mentioned in sub-paragraph (1) of that paragraph. 2 When making the application, the applicant must include a report— a stating that the requirements of paragraph 9B above have been complied with, b explaining how those requirements were complied with, c providing details of the persons consulted, d explaining the substance of any representations and objections made in relation to the application, and the extent to which they were taken into account in deciding to proceed with the application, and e giving the reasons for proceeding with the application. . Management Carcass tagging 26 1 The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section. 2 After section 21 insert— Salmon carcass tagging 21A 1 The Scottish Ministers may by regulations make provision for or in connection with tagging the carcasses of salmon. 2 Regulations under subsection (1) above may, in particular, make provision— a about— i the nature and form of tags, ii the information which tags are to contain and the nature and form of that information, iii applications for, and the supply, issue and storage of, tags, iv the persons or descriptions of persons who may supply and issue tags, including provision about registration of such persons, v the method of affixing tags to carcasses and the circumstances in which, and the time at or by which, they are to be affixed, vi the circumstances in which, and the time at or by which, tags may be removed, vii the steps to be taken in the event of loss of, or damage to, tags, b for or about the keeping of records in connection with fishing for, taking, and tagging of salmon to which the regulations apply (including the form and content of such records), c for or about the inspection or examination of those records, or the information contained in them, by persons or descriptions of persons mentioned in paragraph (e) below, by such methods as the regulations may specify, and the steps to be taken in the event of loss of, or damage to, the records, d for or about the inspection or examination of tags by persons or descriptions of persons mentioned in paragraph (e) below, including provision about the retention of tags after their removal, e for or about persons, or descriptions of persons, responsible for enforcing and ensuring compliance with the regulations (including the appointment and functions of such persons), f for or about the seizure, detention and destruction by persons, or descriptions of persons, mentioned in paragraph (e) above of salmon— i that have not been tagged, or ii from which a tag has been removed otherwise than, in accordance with the provisions of the regulations, g for or about the imposition by the Scottish Ministers of charges for the recovery of any reasonable costs they incur in connection with the supply or issue of tags (including charges in relation to the administration costs associated with the imposition of such charges), h for exemptions and exceptions to the regulations and for matters in respect of which the regulations do not apply. 3 Regulations under subsection (1) above may make— a different provision for different purposes and areas, b incidental, supplemental, consequential, transitional, transitory or saving provision, c such modifications of Part 5 of this Act as the Scottish Ministers think fit. 4 A person commits an offence if the person— a sells, offers or exposes for sale, or has in the person's possession, any salmon— i that has not been tagged in accordance with regulations under subsection (1) above, or ii from which a tag has been removed otherwise than in accordance with such regulations, b acts in contravention of such regulations, or c fails to take any action required of that person or (as the case may be) fails to comply with any requirement imposed on that person by such regulations. 5 It is a defence for a person charged with an offence under subsection (4)(c) above to show that the person had a reasonable excuse for failing to take any action or comply with any requirement as mentioned in that subsection. 6 A person who commits an offence under subsection (4) above— a is liable on summary conviction to a fine not exceeding level 4 on the standard scale, b may be convicted on the evidence of one person. . 3 In section 30 (exemptions in relation to fish farming)— a in subsection (1), after “under” insert “ section 21A or ” , b in subsection (5), after “18(1)(b)” insert “ , 21A(4)(a) or (b) ” . 4 In section 68 (orders and regulations), in subsection (4), after “under” insert “ subsection (1) of section 21A of this Act that make modifications such as are mentioned in subsection (3)(c) of that section, or under ” . Powers to take fish or samples for analysis, etc. 27 1 The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section. 2 After section 64 insert— Powers in relation to salmon and freshwater fisheries: sampling, etc. 64A 1 A person authorised by the Scottish Ministers (an “authorised person”) may— a for a purpose mentioned in subsection (2)(a) or (b) below, require a person having rights in a salmon fishery or freshwater fishery— i to permit the authorised person to take and retain fish from the fishery, ii to permit the authorised person to take samples of material from fish in the fishery, iii to provide the authorised person with fish, or samples of material from fish, in the fishery, b for a purpose mentioned in subsection (2)(c) below, affix a tag of such type and in such a way as the Scottish Ministers consider appropriate to any fish taken from a salmon fishery or freshwater fishery, c for a purpose mentioned in subsection (2)(d) below, enter on a salmon fishery or freshwater fishery. 2 The purposes referred to in subsection (1) above are— a carrying out analysis of the fish or samples by any method that the Scottish Ministers consider appropriate, b ascertaining whether an offence has been committed under section 33A of this Act, c tracking or monitoring the fish, d exercising the powers mentioned in paragraphs (a) and (b) of subsection (1) above, or tracking or monitoring fish tagged under paragraph (b) of that subsection. 3 An authorised person seeking to exercise a power mentioned in subsection (1) above must, if requested, produce evidence of identity and authorisation. 4 A person having rights in a salmon fishery or freshwater fishery commits an offence if the person— a fails or wilfully refuses to comply with a requirement under paragraph (a) of subsection (1) above, or b obstructs an authorised person in the exercise of any of the powers under paragraph (b) or (c) of that subsection. 5 It is a defence for a person charged with an offence under subsection (4)(a) above to show that the person had a reasonable excuse for failing or refusing to comply with a requirement as mentioned in that subsection. 6 A person who commits an offence— a under subsection (4)(a) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale, b under subsection (4)(b) above is liable on summary conviction— i to a fine not exceeding level 3 on the standard scale, ii to imprisonment for a term not exceeding 3 months, or iii to both such fine and such imprisonment. 7 In this section, references to a person having rights in a salmon fishery or freshwater fishery are to be construed in accordance with section 64(3) of this Act. . Power of Scottish Ministers to conduct inquiries and obtain information 28 1 Section 64 of the Salmon and Freshwater (Consolidation) (Scotland) Act 2003 (power of the Scottish Ministers to conduct inquiries and to obtain information) is amended in accordance with this section. 2 In subsection (1)— a before paragraph (a) insert— za require a person having rights in a salmon fishery or freshwater fishery to provide the Scottish Ministers with such information relating to the fishery as they may reasonably request; , b in paragraph (a), the words from “, provided” to the end of the paragraph are repealed. 3 In subsection (2), for the words “Any proprietor or occupier of a fishery” substitute “ Any person having rights in a salmon fishery or freshwater fishery ” . 4 After subsection (2) insert— 3 In this section, a “ person having rights in a salmon fishery or freshwater fishery ” means— a a proprietor of a salmon fishery; b an occupier of such a fishery; c an owner of land to which a right of fishing for freshwater fish pertains; or d an occupier of such a right. . Monitoring and evaluation of the effects of orders, etc. 29 1 The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section. 2 In section 33 (salmon fishing: regulations as to baits and lures), after subsection (6) insert— 6A Regulations under subsection (1) above may impose requirements on district salmon fishery boards in relation to monitoring and evaluation of the effect of the regulations on salmon stocks. 6B A district salmon fishery board commits an offence if the board— a acts in contravention of any such requirements; or b fails to take any action required of the board by any such requirements. 6C A board which commits an offence under subsection (6B) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. . 3 In section 37 (annual close times for salmon)— a in subsection (2), after “below” insert “ and to section 38(5)(c) of this Act ” , b in subsection (3), at the beginning insert “ Without prejudice to section 38(5)(c) of this Act, ” , c after subsection (3) insert— 3A An annual close time order may impose requirements on district salmon fishery boards or proprietors of salmon fisheries in relation to monitoring and evaluation of the effect of the order on salmon stocks. 3B A district salmon fishery board or proprietor commits an offence if the board or proprietor— a acts in contravention of any such requirements; or b fails to take any action required of the board or proprietor by any such requirements. 3C A board which or proprietor who commits an offence under subsection (3B) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. . 4 In section 38 (salmon conservation regulations)— a in subsection (4), after “subsection (5)(b)” insert “ and (c) ” , b in subsection (5), after paragraph (b) insert— c subject to section 37(1) of this Act, prescribe for any salmon fishery district the dates of the annual close time for salmon and the periods within that time when it is permitted to fish for and take salmon by rod and line. , c in subsection (6), after paragraph (b) insert— ba impose on district salmon fishery boards or proprietors of salmon fisheries such requirements as the Scottish Ministers consider necessary or expedient in relation to monitoring and evaluation of the effect of the regulations on salmon stocks; . Power to vary procedures for orders, etc. relating to certain fisheries 30 1 The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section. 2 In section 33 (salmon fishing: regulations as to baits and lures), after subsection (7) insert— 8 The Scottish Ministers may by order vary the provisions of— a subsections (2) to (5) above; b paragraphs 9B to 15 of schedule 1 to this Act as they apply to the making of regulations under subsection (1) above. . 3 In section 35 (designation orders), subsection (4) is repealed. 4 In section 39 (procedure for making orders and regulations under section 33 and Part 2)— a the existing text becomes subsection (1) of section 39, b after that subsection insert— 2 The Scottish Ministers may by order vary the provisions of schedule 1 to this Act. 3 An order under subsection (2) above may make different provision for different purposes. 4 Subsection (2) above is without prejudice to section 33(8)(b) of this Act. . Offence of fishing for salmon during annual close time 31 In section 14 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (fishing for salmon during annual close time), in subsection (2), for the words from “by”, where it second occurs, to the end of the subsection substitute in the district in which the fishing occurs— a by the regulations or byelaws in force in that district; b by a designation order made in respect of that district; c in accordance with the provisions mentioned in section 37(2)(b) of this Act as they apply in respect of that district; d by an annual close time order made in respect of that district; or e by regulations under section 38 of this Act that make provision as mentioned in subsection (5)(c) of that section in respect of that district. . Consents for introduction of fish into inland waters 32 1 The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section. 2 In section 33A (unauthorised introduction of fish into inland waters)— a in subsection (3), for “this section” substitute “ subsection (1) or (2) above ” , b after subsection (3) insert— 3A The appropriate authority may, in granting consent for the purposes of subsection (3)(b) above, impose conditions or requirements. 3B A person shall be guilty of an offence if the person— a acts in contravention of any such condition or requirement; or b fails to take any action required of the person by any such condition or requirement. 3C It is a defence for a person charged with an offence under subsection (3B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection. , c after subsection (4) insert— 4A Subsection (4) is subject to provision made in regulations under section 33B of this Act. . 3 After section 33A insert— Power to modify district salmon fishery boards' functions under section 33A 33B 1 This section applies to the functions of the appropriate authority under section 33A(3)(b) and (3A) of this Act (the “consenting functions”) so far as the functions may be carried out by district salmon fishery boards. 2 The Scottish Ministers may by regulations— a provide for the consenting functions to be carried out by the Scottish Ministers instead of district salmon fishery boards in specified cases or circumstances, b provide for applications made to district salmon fishery boards for consent under section 33A of this Act to be referred to the Scottish Ministers in specified cases or circumstances, c in relation to an application referred to the Scottish Ministers by virtue of provision made under paragraph (b) above, provide for the Scottish Ministers— i to determine the application and to carry out the consenting functions in relation to the application, or ii to issue directions to the district salmon fishery board to which the application was made about the determination of the application and the carrying out of the consenting functions in relation to the application. 3 Regulations under subsection (2) above may— a make different provision for different purposes, including different provision for— i different district salmon fishery districts, or ii different inland waters or parts of such waters, b include incidental, supplemental, consequential, transitional, transitory or saving provision. 4 In subsection (2) above, “ specified ” means specified in regulations under that subsection. . Offences exempted by permission or consent: power to attach conditions, etc. 33 1 The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 is amended in accordance with this section. 2 In section 27 (exemption from certain offences: salmon)— a after subsection (1) insert— 1A In granting permission under subsection (1) above, a district salmon fishery board or (as the case may be) the Scottish Ministers may impose conditions or requirements. 1B A person commits an offence if the person— a acts in contravention of any such condition or requirement; or b fails to take any action required of the person by any such condition or requirement. 1C It is a defence for a person charged with an offence under subsection (1B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection. 1D A person who commits an offence under subsection (1B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale. , b in subsection (3), after “permitted” insert “ , any conditions or requirements imposed under subsection (1A) above ” . 3 In section 28 (exemptions: fish other than salmon), after subsection (2) insert— 3 In granting permission under subsection (1) above, the Scottish Ministers may impose conditions or requirements. 4 A person commits an offence if the person— a acts in contravention of any such condition or requirement; or b fails to take any action required of the person by any such condition or requirement. 5 It is a defence for a person charged with an offence under subsection (4)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection. 6 A person who commits an offence under subsection (4) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale. . 4 In section 30 (exemptions in relation to fish farming), after subsection (2) insert— 2A In granting consent under subsection (2) above, the Scottish Ministers may impose conditions or requirements. 2B A person commits an offence if the person— a acts in contravention of any such condition or requirement; or b fails to take any action required of the person by any such condition or requirement. 2C It is a defence for a person charged with an offence under subsection (2B)(b) above to show that the person had a reasonable excuse for failing to take the action mentioned in that subsection. 2D A person who commits an offence under subsection (2B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale. . Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003: Crown application Application of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 to the Crown 34 For section 67 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (Crown application) substitute— Application of this Act to the Crown 67 1 This Act binds the Crown and applies in relation to Crown land as it applies in relation to any other land. 2 No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable. 3 But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention. 4 Despite subsection (2), 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. 5 For the purposes of subsection (1), “ Crown land ” means land an interest in which— a belongs to Her Majesty in right of the Crown or in right of Her private estates, b belongs to an office-holder in the Scottish Administration or a Government department or is held in trust for Her Majesty for the purposes of the Scottish Administration or a Government department. 6 The powers conferred by sections 54(1), 64(1)(a) and 64A(1)(c) are exercisable in relation to land an interest in which belongs to Her Majesty in right of Her private estates only with the consent of a person appointed by Her Majesty under the Royal Sign Manual or, if no such appointment is made, by the Scottish Ministers. 7 In this section— a references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862, b “ Government department ” means a department of the United Kingdom government. 8 For the purposes of this section, “ land ” includes salmon fisheries. . PART 3 Sea fisheries Enforcement of sea fisheries legislation Powers of British sea-fishery officers to enforce sea fisheries legislation 35 1 For the purposes of enforcing the sea fisheries legislation, a British sea-fishery officer has— a the common enforcement powers conferred by Part 7 of the Marine (Scotland) Act 2010, and b the powers conferred by sections 36 and 39. 2 Subject to subsection (3), the powers which a British sea-fishery officer has by virtue of subsection (1) for the purposes of enforcing the sea fisheries legislation may be exercised— a in the Scottish enforcement area, and b in relation to any Scottish fishing boat wherever it may be. 3 Those powers may not be exercised in relation to any British warship (that is, any ship belonging to Her Majesty and forming part of Her Majesty's armed forces). 4 The powers which a British sea-fishery officer has by virtue of subsection (1) are without prejudice to any other powers exercisable by the officer for the purposes of enforcing the sea fisheries legislation. 5 However, the officer may exercise any such other power only in a case where the officer is unable to exercise a power which the officer has by virtue of subsection (1). 6 So far as necessary for the purposes, or in consequence, of the exercise of the powers referred to in subsection (1)(a), references in Part 7 of the Marine (Scotland) Act 2010 to a marine enforcement officer are to be read as including references to a British sea-fishery officer. 7 Sections 151 to 155 of the Marine (Scotland) Act 2010 (duties and liabilities of, and offences in relation to, marine enforcement officers) have effect as if— a any reference to a power conferred by Part 7 of that Act included a reference to— i such a power as applied by subsection (1)(a), and ii the powers conferred by sections 36 and 39, and b any reference to a marine enforcement officer's functions under that Act included a reference to the functions of a British sea-fishery officer under— i Part 7 of that Act as applied by subsection (1)(a), and ii sections 36 and 39. Detention of vessels in connection with court proceedings Power to detain vessels in connection with court proceedings 36 1 This section applies where— a a British sea-fishery officer has reasonable grounds for suspecting that an offence under the sea fisheries legislation has been committed by the master, an owner or a charterer of a vessel (referred to as “ A ”), and b the officer reasonably believes that— i if proceedings are taken against A for the offence, there is a real risk that A will not attend court unless the vessel is detained under this section, or ii if A is convicted of the offence and the court by or before which A is convicted imposes a fine on A, it is likely that the court will order the vessel to be detained. 2 Where this section applies, a British sea-fishery officer may— a take, or arrange for another person to take, the vessel and its crew to the port that appears to the officer to be the nearest convenient port, or b require any person who is for the time being in charge of the vessel to take it and its crew to that port. 3 When the vessel has been taken to a port, the officer may— a detain it there, or b require the person for the time being in charge of it to do so. 4 A British sea-fishery officer who detains a vessel under this section must, if it is reasonably practicable to do so, serve a notice on the person who is for the time being in charge of the vessel. 5 The notice must state— a the reasons for detaining the vessel, and b the circumstances in which the vessel may be released. Release of vessel detained under section 36 37 1 This section applies where a vessel is being detained under section 36. 2 The vessel ceases to be detained under that section if one of the following things occurs— a the notice of detention is withdrawn, b a sheriff orders the release of the vessel under section 38, c any proceedings taken against the master, owner or charterer of the vessel have concluded, d the court referred to in section 36(1)(b)(ii) exercises any power it has to order the vessel to be detained. 3 A notice of detention is withdrawn by the service by a British sea-fishery officer of a further notice on the person who is for the time being in charge of the vessel, stating that the vessel is released. 4 If any of the grounds of release mentioned in subsection (5) applies, then any notice of detention must be withdrawn as soon as possible. 5 The grounds of release are— a that a procurator fiscal has decided not to take any proceedings against the master, owner or charterer of the vessel in respect of any offence in relation to which the vessel was detained, b where a fixed penalty notice has been issued in respect of such an offence, that the appropriate fixed penalty has been paid, c that there are no grounds for believing that any person referred to in paragraph (a) against whom proceedings have been, or may be, taken will fail to attend court, d that there are no grounds for believing that the court referred to in section 36(1)(b)(ii) will order the vessel to be detained. 6 In this section, “ notice of detention ” means a notice served under section 36(4). Power of sheriff to order release of vessels 38 1 This section applies where a vessel is being detained under section 36. 2 If, on an application to a sheriff by the master, an owner or a charterer of the vessel, the sheriff is satisfied as to either of the matters mentioned in subsection (4), the sheriff may order that the vessel be released. 3 An application under subsection (2) is to be made by way of summary application. 4 Those matters are that— a the continued detention of the vessel under section 36 is not necessary to secure that the master, an owner or a charterer of the vessel will attend court, or b there are no grounds for believing that the court referred to in subsection (1)(b)(ii) of that section will order the vessel to be detained. Inspection and seizure of objects used in commercial sea fishing Power to inspect and seize objects 39 1 A British sea-fishery officer may inspect any object which the officer reasonably believes has been, or is being, used for or in connection with commercial sea fishing. 2 The officer may lift an object out of the sea for the purpose of inspecting it under this section. 3 A British sea-fishery officer who has inspected an object under this section may seize the object. 4 The power conferred by subsection (3) may be exercised only— a for the purpose of determining whether an offence under the sea fisheries legislation has been, or is being, committed, or b in relation to an object that the officer reasonably believes to be evidence of the commission of such an offence. 5 If, having inspected an object under this section, the officer decides not to seize it under subsection (3), the officer must, if it is reasonably practicable to do so, replace the object in the location where it was found. 6 If it is not reasonably practicable to replace the object in accordance with subsection (5), the officer may seize the object until such time as it may be collected by its owner. 7 A power conferred by this section to seize an object includes power to seize— a anything that is attached to the object, b anything that is contained in the object. 8 A reference in this section to replacing an object includes, in the case of fishing gear, a reference to re-setting the gear in the same way in which it was placed in the sea. 9 Anything seized under this section is to be delivered to the Scottish Ministers as soon as reasonably practicable. 10 In this section, “ commercial sea fishing ” means— a any activity for which a licence is required by virtue of an order under section 4 (licensing of fishing boats) of the Sea Fish (Conservation) Act 1967, b any activity regulated by an order— i under section 1 (power to make orders as to fisheries for shellfish) of the Sea Fisheries (Shellfish) Act 1967, and ii to which section 2 (right of several fishery) or 3 (right of regulating a fishery) of that Act applies, and c any activity regulated by an order under section 1 (general power to prohibit sea fishing in specified areas) of the Inshore Fishing (Scotland) Act 1984. 11 The Scottish Ministers may by order modify the definition of “commercial sea fishing” in subsection (10). Reports of inspections under section 39 40 1 This section applies where a British sea-fishery officer inspects an object under section 39. 2 The officer must prepare a report in relation to the inspection. 3 The report must state— a the date and time of the inspection, b the identity of the officer who carried out the inspection, and c how the officer may be contacted. 4 In the case of an object seized under section 39(3) or (6), the report must also state— a what has been seized, b the reasons for its seizure, and c any further action that it is proposed will be taken in relation to the object. 5 Where the object has not been seized under section 39(3) or (6), the officer must, if it is reasonably practicable to do so, attach a copy of the report to the object. 6 If it is not reasonably practicable to do so, the officer must serve a copy of the report on every person who appears to the officer to be an owner of the object. 7 In a case where the officer, after taking reasonable steps to do so, is unable to identify any person as an owner of the object, the officer must take such steps as the officer thinks fit to bring the contents of the report to the attention of persons likely to be interested in it. 8 Where— a the object has been seized under section 39(3), and b one of the conditions in subsection (9) is satisfied, the Scottish Ministers must serve a copy of the report on every person who appears to them to be an owner of the object. 9 The conditions are— a that a procurator fiscal has decided not to take any proceedings in respect of any offence in relation to which the object was seized, b where a fixed penalty notice has been issued in respect of such an offence, that the appropriate fixed penalty has been paid, c that any proceedings taken in respect of such an offence have concluded. 10 Where the object has been seized under section 39(6), the Scottish Ministers must serve a copy of the report on every person who appears to the Ministers to be an owner of the object at the same time as they serve a notice of collection on that person under section 42. 11 In a case where the Scottish Ministers, after taking reasonable steps to do so, are unable to identify any person as an owner of the object— a the reference in this section to a requirement for the Scottish Ministers to serve a copy of the report on such a person is to be read as a reference to a requirement to take such steps as the Ministers think fit to bring the contents of the report to the attention of persons likely to be interested in it, and b the reference in subsection (10) to serving a notice of collection under section 42 is to be read as a reference to taking the steps referred to in subsection (5) of that section. Retention of objects seized under section 39(3) 41 1 An object seized by a British sea-fishery officer under section 39(3) may be retained by the Scottish Ministers. 2 If any of the grounds of release in subsection (3) applies, the Scottish Ministers must, as soon as is reasonably practicable, make the object available for collection. 3 The grounds of release are— a that a procurator fiscal has decided not to take proceedings in respect of any offence in relation to which the object was seized, b where a fixed penalty notice has been issued in respect of such an offence, that the appropriate fixed penalty has been paid, c that any proceedings taken in respect of such an offence have concluded without an order for forfeiture having been made in respect of the object. 4 Subsection (2) does not apply if the object is liable to forfeiture under section 46. 5 Any reference in this section to an object seized under subsection (3) of section 39 includes a reference to anything seized by virtue of subsection (7) of that section. Disposal of objects seized under section 39 42 1 This section applies to— a an object seized under section 39(3) which the Scottish Ministers— i no longer wish to retain for any purpose, or ii are required to make available for collection by virtue of section 41, b an object seized under section 39(6). 2 In this section, “ notice of collection ” means a notice stating that— a the object specified in the notice is available to be collected from the location specified in the notice, and b if the object is not collected before the end of the period of 3 months beginning with the date specified in the notice, the Scottish Ministers will dispose of the object. 3 The Scottish Ministers must serve a notice of collection on every person who appears to them to be an owner of the object. 4 The Scottish Ministers may take any other steps they think fit to notify every such person that the object is available to be collected. 5 If the Scottish Ministers, after taking reasonable steps to do so, are unable to identify any person as an owner of the object in order to serve a notice of collection, the Scottish Ministers must take such steps as they think fit to bring the information contained in the notice to the attention of persons likely to be interested in it. 6 If the Scottish Ministers comply with subsection (3) or (as the case may be) (5), they may, at the end of the period mentioned in subsection (2)(b), dispose of the object in whatever way they think fit. 7 Any reference in this section to an object seized under subsection (3) or (6) of section 39 includes a reference to anything seized by virtue of subsection (7) of that section. Retention and disposal of property seized by BSFOs Retention of property seized by British sea-fishery officers 43 1 This section applies to property— a seized by a British sea-fishery officer in the exercise of any power conferred by the sea fisheries legislation, other than an object seized under section 39, and b which was seized— i in the Scottish enforcement area, or ii on board a Scottish fishing boat. 2 The officer must deliver the property to the Scottish Ministers as soon as reasonably practicable. 3 Subsection (2) is subject to paragraph 13 of schedule 2. 4 The Scottish Ministers may retain the property. 5 If any of the grounds of release in subsection (6) applies, the Scottish Ministers must, as soon as is reasonably practicable, make the property available for collection. 6 The grounds of release are— a that a procurator fiscal has decided not to take proceedings in respect of any offence in relation to which the property was seized, b where a fixed penalty notice has been issued in respect of such an offence, that the appropriate fixed penalty has been paid, c that any proceedings taken in respect of such an offence have concluded without an order for forfeiture having been made in respect of the property. 7 Subsection (5) does not apply if the property is liable to forfeiture under section 46 or 47. Power of Scottish Ministers to sell seized fish in their possession 44 1 The Scottish Ministers may sell any fish that are being retained by them under section 43. 2 Any power which a court has to order the forfeiture of any such fish may instead be exercised in relation to the proceeds of any sale of the fish under this section. 3 Subject to subsection (6), the proceeds of any sale under this section may be retained by the Scottish Ministers until such time as— a a court exercises any power it has to order the forfeiture of the proceeds, or b any of the grounds of release mentioned in subsection (4) applies. 4 The grounds of release are— a that a procurator fiscal has decided not to take proceedings in respect of any offence in relation to which the fish were seized, b where a fixed penalty notice has been issued in respect of such an offence, that the appropriate fixed penalty has been paid, c that any proceedings taken in respect of such an offence have concluded without any order for forfeiture having been made. 5 If any of the grounds of release mentioned in subsection (4) applies, the Scottish Ministers must, as soon as is reasonably practicable, release the proceeds of sale to any person who appears to the Scottish Ministers to have been an owner of the fish at the time of the seizure of the fish. 6 If the proceeds of sale are still in the Scottish Ministers' possession after the end of the period of 6 months beginning with the date on which the fish were sold, the Scottish Ministers may retain the proceeds and apply them in any manner they think fit. 7 The Scottish Ministers may exercise their power under subsection (6) to retain and apply the proceeds of sale only if it is not practicable at the time when the power is exercised to dispose of the proceeds by releasing them immediately to the person to whom they are required to be released. 8 Subject to subsection (11), any fish sold under this section must be sold at auction. 9 Before selling the fish, the Scottish Ministers must give the owner of the fish a reasonable opportunity to make representations as to the manner in which the fish are sold. 10 Subsection (11) applies if the owner of the fish requests that the fish be sold— a at a particular auction, or b by a method of sale other than by auction. 11 The Scottish Ministers must comply with the request unless they consider the request to be unreasonable. 12 The Scottish Ministers may deduct from the proceeds of sale any reasonable expenses incurred by them in selling the fish. 13 Where there is more than one owner of the fish, subsection (11) applies only if the request under subsection (10) is made by or on behalf of all the owners. Disposal of property retained by Scottish Ministers under section 43 45 1 This section applies to any property being retained by the Scottish Ministers under section 43 which they— a no longer wish to retain for any purpose, or b are required to make available for collection by virtue of that section. 2 In this section, a “notice of collection” is a notice stating that— a the property specified in the notice is available to be collected from the location so specified, and b if the property is not collected before the end of the period of 3 months beginning with the date specified in the notice, the Scottish Ministers will dispose of the property. 3 The Scottish Ministers must serve a notice of collection on every person who appears to them to be an owner of the property. 4 The Scottish Ministers may take any other steps they consider appropriate to notify every such person that the property is available to be collected. 5 If the Scottish Ministers, after taking reasonable steps to do so, are unable to identify any person as owning the property, they must— a if it is reasonably practicable to do so, serve a notice of collection on every person who is an appropriate person for the purposes of this subsection, and b take such steps as they think fit to bring the information contained in the notice of collection to the attention of persons likely to be interested in it. 6 For the purposes of subsection (5) each of the following is an “appropriate person”— a in the case of property seized from a vessel, the master, owner and charterer (if any) of the vessel at the time of the seizure of the property, b in the case of property seized from premises, every person who appears to the Scottish Ministers to have been an occupier of the premises at that time, c in any other case, the person (if any) from whom the property was seized. 7 If the Scottish Ministers comply with subsection (3) or (as the case may be) (5), they may, at the end of the period mentioned in subsection (2)(b), dispose of the property in whatever way they think fit. Forfeiture Forfeiture of prohibited items 46 1 This section applies to any item— a seized by a British sea-fishery officer in the exercise of any power conferred by the sea fisheries legislation, and b which was seized— i in the Scottish enforcement area, or ii on board a Scottish fishing boat. 2 The item is liable to forfeiture under this section if the use of the item for sea fishing would in any circumstances constitute an offence under the law of Scotland. 3 An item forfeited under this section is to be forfeited to the Scottish Ministers who may dispose of it in any manner they think fit. Forfeiture of fish failing to meet size requirements 47 1 This section applies to any fish— a seized by a British sea-fishery officer in the exercise of any power conferred by the sea fisheries legislation, and b which were seized— i in the Scottish enforcement area, or ii on board a Scottish fishing boat. 2 The fish are liable to forfeiture under this section if, by virtue of the fish failing to meet requirements as to size, an offence under the law of Scotland has been committed in respect of the fish. 3 Any fish forfeited under this section are to be forfeited to the Scottish Ministers who may dispose of the fish in any manner they think fit. Further provision about forfeiture under section 46 or 47 48 Schedule 2, which makes further provision about forfeiture under section 46 or 47, has effect. Inshore sea fishing Contravention of orders prohibiting inshore sea fishing 49 1 The Inshore Fishing (Scotland) Act 1984 is amended in accordance with this section. 2 In section 4 (offences), after subsection (1A) insert— 1B A person commits an offence if— a the person is found in, or in the immediate vicinity of, the area specified in an order under section 1 of this Act; b the person is found there at, or about, a time at which the prohibition under the order applies; c when so found, the person is in possession of such equipment, vehicle, apparatus or other gear or paraphernalia (including clothing) as may be used for the purpose of fishing in contravention of the order; and d it is reasonable to infer from those facts (either by themselves or taken together with other circumstances) that the person intends to fish in contravention of the order. . 3 After section 4 insert— Contravention of orders under section 1: presumption 4A 1 Subsection (2) applies in proceedings against a person (“the accused”) for an offence under section 4(1) of this Act involving fishing in contravention of a prohibition contained in an order under section 1 of this Act (other than a prohibition under section 1(2)(d)). 2 It is to be presumed that the accused was, or had been, fishing in contravention of the order if— a it is proved that— i the accused was found in, or in the immediate vicinity of, the area specified in the order; ii the accused was found there at, or about, a time at which the prohibition under the order applies; and iii when so found, the accused was in possession of any of the things mentioned in subsection (3); and b it is reasonable to infer from those facts (either by themselves or taken together with other circumstances) that the accused was, or had been, fishing in contravention of the order. 3 The things are— a such equipment, vehicle, apparatus or other gear or paraphernalia (including clothing) as may be used for the purpose of fishing in contravention of the order; b sea fish the fishing for which is prohibited by the order. 4 Subsection (2) does not apply if evidence is adduced sufficient to raise an issue as to whether— a the accused's presence in, or in the vicinity of, the area specified in the order was for the purpose of fishing in contravention of the order; or b where the accused was found in possession— i of any of the things mentioned in paragraph (a) of subsection (3), the possession of the thing was for that purpose; ii of sea fish mentioned in paragraph (b) of that subsection, the fish were caught or taken in contravention of the order. . Powers of entry 50 1 The Inshore Fishing (Scotland) Act 1984 is amended in accordance with this section. 2 After section 6 insert— Power to enter land 6A 1 The powers conferred by this section are exercisable by British sea-fisheries officers in relation to any land for the purposes of enforcing the provisions of any order under section 1 of this Act and the provisions of section 3 of this Act. 2 Any such officer may at any time enter any land (including the foreshore) other than a dwelling house, on foot or in a vehicle, with or without persons assigned to the officer in the officer's duties, and for that purpose may— a open lockfast places; b remove any objects preventing the officer from gaining access to the land; c require any person who has placed an object in such a position as to prevent the officer from gaining access to the land to remove the object; d require the owner or occupier of the land to allow the officer access to the land. 3 Any officer who proposes to exercise the power of entry conferred by subsection (2) above must, if so requested, produce evidence of the officer's identity. 4 A person commits an offence if the person— a wilfully obstructs a British sea-fishery officer exercising a right of entry under subsection (2) above; b refuses or fails to comply with a requirement imposed by such an officer under paragraph (c) or (d) of that subsection. 5 It is a defence for a person charged with an offence under subsection (4)(b) above of failing to comply with a requirement mentioned in that subsection to show that the person had a reasonable excuse for failing to so comply. 6 A constable may arrest without warrant any person who the constable reasonably believes is committing or has committed an offence under subsection (4) above. 7 Subsection (6) above is without prejudice to any power of arrest conferred by law apart from that subsection. 8 A person who commits an offence under subsection (4) above is liable— a on summary conviction to a fine not exceeding the statutory maximum; b on conviction on indictment to a fine. 9 A British sea-fishery officer is not liable in any civil or criminal proceedings for anything done in purported exercise of the powers conferred on the officer by this section, if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it. . 3 After section 10 insert— Crown application: Scotland 10A 1 Section 6A binds the Crown and applies in relation to Crown land as it applies in relation to other land. 2 Nothing in that section is to be taken as in any way affecting Her Majesty in Her private capacity. 3 No contravention by the Crown of that section makes the Crown criminally liable. 4 But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention. 5 For the purposes of subsection (1), “ Crown land ” means land an interest in which— a belongs to Her Majesty in right of the Crown; b belongs to an office-holder in the Scottish Administration or a government department or is held in trust for Her Majesty for the purposes of the Scottish Administration or a government department. 6 In subsection (5), “ an office-holder in the Scottish Administration ” is to be construed in accordance with section 126(7)(a) of the Scotland Act 1998. . Enforcement of EU rules Modification of the Fisheries Act 1981: enforcement of EU rules 51 1 Section 30 of the Fisheries Act 1981 (enforcement of Community obligations) is amended in accordance with this section. 2 In subsection (1)— a for paragraph (a) substitute— a if any fishing boat within the Scottish Zone— i fishes in contravention of any such restriction; or ii fails to comply with any such obligation, the master, the owner and the charterer (if any) are each guilty of an offence; , b after paragraph (a) insert— aa if any Scottish fishing boat outside the Scottish Zone— i fishes in contravention of any such restriction; or ii fails to comply with any such obligation, the master, the owner and the charterer (if any) are each guilty of an offence; ab if any person in Scotland— i fishes in contravention of any such restriction; or ii fails to comply with any such obligation, the person is guilty of an offence; , c in paragraph (b), for “such offences” substitute “ offences under paragraph (a), (aa) or (ab) of this subsection ” , d in subsection (3), after the definition of “the Ministers” insert— “ Scottish fishing boat ” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging; “ Scottish Zone ” has the same meaning as in the Scotland Act 1998 (see section 126(1) and (2) of that Act). . Supplementary Conclusion of proceedings 52 1 This section applies for determining when any proceedings have concluded for the purposes of this Part. 2 Where proceedings are terminated by an appealable decision, they are not to be regarded as concluded— a until the end of the ordinary time for appeal against the decision, if no appeal in respect of the decision is brought within that time, or b if an appeal in respect of the decision is brought within that time, until the conclusion of the appeal. 3 Subsection (2) applies for determining when any proceedings on appeal are concluded for the purposes of paragraph (b) of that subsection as it applies for determining when the original proceedings are concluded. 4 Any reference in subsection (2) to a decision that terminates proceedings includes a reference to a verdict, sentence, finding or order that puts an end to the proceedings. Interpretation of Part 3 53 1 In this Part— “ appropriate fixed penalty ” has the meaning given in section 27(2) of the Aquaculture and Fisheries (Scotland) Act 2007 (amount and payment of fixed penalty), “ fish ” includes shellfish, “ fixed penalty notice ” means a fixed penalty notice under section 25(1) of the Aquaculture and Fisheries (Scotland) Act 2007, “ the Scottish enforcement area ” means— Scotland, and the Scottish zone, “ Scottish fishing boat ” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging, “ the Scottish zone ” has the same meaning as in the Scotland Act 1998 (see section 126(1) and (2) of that Act), “ sea fisheries legislation ” means, subject to subsection (2)— any enactment relating to sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout, and any assimilated restrictions and assimilated obligations (within the meaning of schedule 1 of the Interpretation Act 1978 ) relating to sea fishing. 2 “ Sea fisheries legislation ” does not include— a the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003, or b any Order in Council under section 111 of the Scotland Act 1998 (regulation of Border rivers). PART 4 Shellfish Protection of shellfish waters Protection and improvement of shellfish waters 54 1 The Water Environment and Water Services (Scotland) Act 2003 is amended in accordance with this section. 2 After section 5 insert— Shellfish water protected areas 5A 1 The Scottish Ministers may by order (in this section, a “designation order”) designate an area of coastal water or transitional water as a shellfish water protected area for the purposes of this Part. 2 An area of coastal water or transitional water may be designated under subsection (1) only if the Scottish Ministers consider it necessary or desirable to do so for the protection or development of economically significant shellfish production. 3 The Scottish Ministers must review each designation order— a by 22 December 2019, and b by each date falling every 6 years (or such lesser period as the Scottish Ministers may determine) after 22 December 2019. 4 Subsection (3) applies to a designation order which comes into force after 22 December 2019 as if paragraph (a) were omitted. 5 A designation order which would, apart from this subsection, fall to be reviewed under subsection (3) by a particular date need not be reviewed by that date if the order came into force less than 6 months before that date; but must otherwise be reviewed in accordance with that subsection. 6 A designation order may identify the area of coastal water or transitional water by reference to a map prepared for the purposes of the order and laid before the Scottish Parliament. 7 The Scottish Ministers must send SEPA a copy of— a a designation order, and b any map prepared in pursuance of subsection (6). . 3 In section 7 (register of protected areas), in subsection (3), before paragraph (a) insert— za any shellfish water protected area, . 4 In section 9 (environmental objectives and programmes of measures)— a in subsection (1), in paragraph (a)— i the words “each body of water in the district, and” become sub-paragraph (i) of that paragraph, and ii after that sub-paragraph insert— ii each shellfish water protected area in the district, and , b in subsection (7)— i after “objectives”” insert— a in respect of any body of water, , ii at the end insert , and b in respect of a shellfish water protected area, includes (without prejudice to the definition in paragraph (a)) such objectives as SEPA considers necessary or desirable to improve or protect that area in order to support shellfish life and growth and to contribute to the high quality of shellfish products suitable for human consumption. . 5 In section 11 (river basin management plans: publicity and consultation), in subsection (6), after paragraph (f) insert— fa where any part of the river basin district has been designated as a shellfish water protected area, the Food Standards Agency, . 6 In section 28 (interpretation of Part 1), in subsection (1), after the definition of “SEPA” insert— “ shellfish ” includes crustaceans and molluscs of any kind, and includes any brood, ware, half-ware, spat or spawn of shellfish, “ shellfish water protected area ” means an area of coastal water or transitional water designated by order under section 5A(1), . Orders as to fisheries for shellfish Power to make orders as to fisheries for shellfish 55 1 In section 1 of the Sea Fisheries (Shellfish) Act 1967 (power to make orders as to fisheries for shellfish), in subsection (1), for the words from “shellfish” to “Minister” substitute “ shellfish of any kind specified in the order ” . 2 In section 15 of the Sea Fisheries Act 1968 (amendments of Sea Fisheries (Shellfish) Act 1967)— a subsection (2) is repealed, b in subsection (3), for “that section” substitute “ section 1 of that Act ” . Contravention of regulated fishery orders 56 1 The Sea Fisheries (Shellfish) Act 1967 is amended in accordance with this section. 2 In section 3 (effect of grant of right of regulating a fishery)— a after subsection (4) insert— 4A Subsection (4B) applies where an order under section 1 of this Act— a confers a right of regulating a fishery for any specified description of shellfish, and b imposes restrictions on, or makes regulations respecting, the dredging, fishing for and taking of any specified description of shellfish within the limits of the regulated fishery or any part of it. 4B A person commits an offence if— a the person is found within the limits of, or in the immediate vicinity of, the regulated fishery, b the person is found there at, or about, a time at which the restrictions imposed or regulations made by the order apply, c when so found, the person is in possession of such equipment, vehicle, apparatus or other gear or paraphernalia (including clothing) as may be used for the purpose of dredging, fishing for and taking shellfish in contravention of the restrictions or regulations, and d it is reasonable to infer from those facts (either by themselves or taken together with other circumstances) that the person intends to dredge, fish for and take shellfish in contravention of the restrictions or regulations. 4C A person who commits an offence under subsection (4B) is liable on summary conviction to a fine not exceeding £50,000. , b in subsection (5), after “subsection (3)” insert “ or (4B) ” , and c in subsection (6), for “Subsection (1) of this section” substitute “ This section ” . 3 After section 3 insert— Contravention of regulated fishery orders: presumption 3A 1 Subsection (2) applies in proceedings against a person (“the accused”) for an offence under section 3(3) of this Act involving dredging, fishing for and taking shellfish in contravention of restrictions imposed or regulations made by— a an order under section 1 of this Act, or b the grantee of such an order. 2 It is to be presumed that the accused was, or had been, dredging, fishing for and taking shellfish in contravention of the restrictions or regulations if— a it is proved that— i the accused was found within the limits of, or in the immediate vicinity of, the regulated fishery to which the order relates, ii the accused was found there at, or about, a time at which the restrictions or regulations apply, and iii when so found, the accused was in possession of any of the things mentioned in subsection (3), and b it is reasonable to infer from those facts (either by themselves or taken together with other circumstances) that the accused was, or had been, dredging, fishing for and taking shellfish in contravention of the restrictions or regulations. 3 The things are— a such equipment, vehicle, apparatus or other gear or paraphernalia (including clothing) as may be used for the purpose of dredging, fishing for and taking shellfish in contravention of the order, b shellfish the dredging, fishing for and taking of which is prohibited by the restrictions or regulations. 4 Subsection (2) does not apply if evidence is adduced sufficient to raise an issue as to whether— a the accused's presence within the limits of, or in the vicinity of, the regulated fishery to which the order relates was for the purpose of dredging, fishing for and taking shellfish in contravention of the restrictions or requirements, or b where the accused was found in possession— i of any of the things mentioned in paragraph (a) of subsection (3), the possession of the thing was for that purpose, ii of shellfish mentioned in paragraph (b) of that subsection, the shellfish were caught or taken in contravention of the restrictions or requirements. . Enforcement of orders: powers of entry 57 1 The Sea Fisheries (Shellfish) Act 1967 is amended in accordance with this section. 2 After section 4C insert— Power to enter land 4CA 1 For the purposes of exercising the powers conferred by sections 4A to 4C, and of enforcing the restrictions imposed by, or regulations made by, an order under section 1 conferring a right of regulating a fishery, a British sea-fishery officer may at any time enter land (including the foreshore) other than a dwelling house, and for that purpose may— a open lockfast places, b remove any objects preventing the officer from gaining access to the land, c require any person who has placed an object in such a position as to prevent the officer from gaining access to the land to remove the object, d require the owner or occupier of the land to allow the officer access to the land. 2 A British sea-fishery officer may— a exercise the power of entry under subsection (1) on foot or in a vehicle, b when exercising that power, take with the officer— i such persons as appear to the officer to be necessary, ii any equipment or material. 3 The power of entry under subsection (1)— a may not be exercised in relation to land in respect of which section 4B confers a power of entry, and b is without prejudice to the power of entry conferred by that section. 4 A British sea-fishery officer who proposes to exercise the power of entry conferred by subsection (1) must, if so required, produce evidence of the officer's identity. . 3 In section 4D— a in subsection (1)— i for the words “or 4B(3) or (12)” substitute “ , 4B(3) or (12) or 4CA(2)(b) ” , ii for the words “or 4C” substitute “ , 4C or 4CA ” , b in subsection (2)(a), for the words “or 4B” substitute “ , 4B or 4CA ” , c after subsection (2) insert— 2A A constable may arrest without warrant any person who the constable reasonably believes is committing or has committed an offence under subsection (2) relating to— a a failure to comply with a requirement imposed under a power conferred by section 4CA, b obstructing a British sea-fishery officer in the exercise of such a power. 2B Subsection (2A) above is without prejudice to any power of arrest conferred by law apart from that subsection. . 4 In the title to section 4D, for “4C” substitute “ 4CA ” . 5 After section 24 insert— Crown application: Scotland 24A 1 Section 4CA binds the Crown and applies in relation to Crown land as it applies in relation to other land. 2 Nothing in that section is to be taken as in any way affecting Her Majesty in Her private capacity. 3 No contravention by the Crown of section 4D(2) in respect of a failure to comply with a requirement under a power conferred by section 4CA makes the Crown criminally liable. 4 But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention. 5 For the purposes of subsection (1), “ Crown land ” means land an interest in which— a belongs to Her Majesty in right of the Crown, b belongs to an office-holder in the Scottish Administration or a government department or is held in trust for Her Majesty for the purposes of the Scottish Administration or a government department. 6 In subsection (5), “ an office-holder in the Scottish Administration ” is to be construed in accordance with section 126(7)(a) of the Scotland Act 1998. . Power to appoint inspectors before making orders as to fisheries for shellfish 58 1 In Schedule 1 to the Sea Fisheries (Shellfish) Act 1967 (provisions with respect to making of orders under section 1)— a in paragraph 4(2), for the words from “may” to “be” substitute “ may as soon as reasonably practicable ” , b in paragraph 6(1), for the words “conveniently may be” substitute “ reasonably practicable ” . 2 The amendment made by subsection (1)(a) does not apply in relation to any application made for an order under section 1 of the Sea Fisheries (Shellfish) Act 1967 before the coming into force of this section. PART 5 Miscellaneous Charging Power to charge in connection with fisheries functions 59 1 The Scottish Ministers may by regulations make provision for or about the imposition of charges in connection with the carrying out of such fisheries functions as are specified in the regulations. 2 In this section, “ fisheries functions ” means— a functions of the Scottish Ministers under any legislation relating to— i fish farming or shellfish farming, ii salmon or freshwater fisheries, iii sea fishing, or b functions of any other person under any such legislation so far as the person is appointed or authorised by the Scottish Ministers for the purposes of enforcing, or otherwise ensuring compliance with, the legislation. 3 Regulations under subsection (1) may include provision— a specifying, or for determining, the amount of charges, b specifying, or for determining, the persons or types of person who are to pay charges, c specifying, or for determining, the circumstances in which charges are payable, d for making the carrying out of specified fisheries functions conditional on the payment of charges, e for the imposition of annual or other recurring charges, f for the reduction or waiver of, or exemptions from, charges, g for the recovery and collection of charges, h for the method and timing of payment of charges, i for determining disputes as to the amount of, or liability for, charges. 4 Regulations under subsection (1)— a may have the effect of requiring a person to pay a charge only if, and so far as, the person is someone in relation to whom a specified fisheries function has been, or is to be, carried out, and b must not have the effect of imposing a charge in a particular case that exceeds the reasonable costs incurred in the carrying out of a specified fisheries function in that case. 5 Before making regulations under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate. 6 Regulations under subsection (1) may make different provision for— a different fisheries functions, b different persons or types of person. 7 Regulations under subsection (1) do not affect any power that the Scottish Ministers have apart from this section to— a impose fees or charges, or recover costs, in connection with the carrying out of any fisheries functions, or b provide for the imposition of such fees or charges or the recovery of such costs. 8 In this section, “ legislation ” means any— a enactment, or b assimilated direct legislation (within the meaning of section 20 of the European Union (Withdrawal) Act 2018) falling within section 3(2)(a) of that Act containing a assimilated obligation (within the meaning of schedule 1 of the Interpretation Act 1978) or a assimilated restriction Fixed penalty notices Fixed penalty notices 60 1 Part 4 of the Aquaculture and Fisheries (Scotland) Act 2007 (sea fisheries) is amended in accordance with this section. 2 In section 25 (issue of fixed penalty notices)— a in subsection (1), for “British sea-fishery” substitute “ fixed penalty ” , b in subsection (2)— i the words “is an offence” are repealed, ii for paragraphs (a) and (b) substitute— a is an offence under the Sea Fisheries enactments in respect of which a person mentioned in paragraph (a) of subsection (2A) has functions, b is an offence under the marine protection and nature conservation legislation in respect of which a person mentioned in paragraph (b) of that subsection has functions, c is an offence under— i Part 4 of the Marine (Scotland) Act 2010 (marine licensing), or ii section 5(5) of the Aquaculture and Fisheries (Scotland) Act 2013 (control and monitoring of operation of wellboats), d in relation to a person mentioned in any of paragraphs (c) to (f) of that subsection, is an offence in respect of which the person has functions. , c after subsection (2) insert— 2A The persons referred to in subsection (2) are— a a British sea-fishery officer, b a marine enforcement officer within the meaning of section 157(1) of the Marine (Scotland) Act 2010, c an inspector within the meaning of section 12 of this Act, d an inspector within the meaning of regulation 3(1) of the Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85), e an inspector within the meaning of regulation 1(2) of the Animals and Animal Products (Import and Export) Regulations 2007 (S.S.I. 2007/194) who is appointed as mentioned in that regulation by the Scottish Ministers for purposes relating to fish farming or shellfish farming, f an authorised officer within the meaning of regulation 2(1) of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 ( S.I. 1997/1729) appointed (whether solely or jointly) by the Scottish Ministers to act in matters arising under those Regulations relating to fish farming or shellfish farming or the products of either such type of farming. 2B The Scottish Ministers may by order modify— a subsection (2) so as to amend the definition of “relevant offence”, b subsection (2A) so as to— i add or remove a description of a person to or from those for the time being listed in that subsection, ii vary a description of a person for the time being listed in that subsection. 2C In subsection (2A)(e) and (f), “ fish farming ” and “ shellfish farming ” have the same meanings as in section 12. 2D Despite subsection (1), a fixed penalty officer may not issue a notice in respect of a relevant offence that involves— a assault on a person mentioned in subsection (2A), b obstructing such a person in the exercise of the person's powers, c failure to comply with a requirement imposed, or instruction given, by such a person. , d in subsection (3)— i after the definition of “British sea-fisheries officer” insert— “ fixed penalty officer ” means a person appointed as such an officer by the Scottish Ministers; , ii after the definition of “Sea Fisheries enactments” insert— “ the marine protection and nature conservation legislation ” has the meaning given in section 132(2) of the Marine (Scotland) Act 2010; . 3 In section 27 (amount and payment of fixed penalty)— a in subsection (1), for “80 per cent of level 4 on the standard scale” substitute “ £10,000 ” , b in subsection (2), for “British sea-fishery” substitute “ fixed penalty ” . 4 In section 31 (withdrawal of fixed penalty notice or expiry of period for paying), in subsection (1), for “British sea-fishery” substitute “ fixed penalty ” . 5 For the title of Part 4 substitute “ Fixed penalty notices ” . 6 The cross-heading immediately following that title is repealed. 7 For the cross-heading immediately preceding section 32, substitute the following Part title— “ PART 4A – Miscellaneous amendments of sea fisheries legislation ” . Fixed penalty notices and civil sanctions under the Marine (Scotland) Act 2010 61 1 Schedule 2 to the Marine (Scotland) Act 2010 (further provision about civil sanctions under Part 4 (marine licensing)) is amended in accordance with this section. 2 For paragraph 1 (interpretation) substitute— 1 In this schedule— “ civil sanction ” means a fixed monetary penalty or a variable monetary penalty, “ fixed penalty notice ” means a fixed penalty notice under section 25(1) of the Aquaculture and Fisheries (Scotland) Act 2007, “ fixed penalty officer ” has the meaning given in section 25(3) of that Act. . 3 In paragraph 2 (fixed monetary penalties: other sanctions), after sub-paragraph (2)(b) insert— c a fixed penalty officer may not issue a fixed penalty notice to the person in respect of the act or omission giving rise to the fixed monetary penalty. . 4 In paragraph 3 (variable monetary penalties: other sanctions), after sub-paragraph (b) insert— c a fixed penalty officer may not issue a fixed penalty notice to the person in respect of the act or omission giving rise to the variable monetary penalty. . 5 After paragraph 4, insert— Civil sanctions and fixed penalty notices 4A 1 Provision under section 46 must secure that, in a case where a fixed penalty notice is issued to a person in respect of a relevant offence, the Scottish Ministers may not— a serve on the person a notice of intent referred to in section 47(2)(a) in relation to an act or omission constituting the relevant offence, or b impose a fixed monetary penalty on the person in relation to an act or omission constituting the relevant offence. 2 Provision under section 48 must secure that, in a case where a fixed penalty notice is issued to a person in respect of a relevant offence, the Scottish Ministers may not— a serve on the person a notice of intent referred to in section 49(2)(a) in relation to an act or omission constituting the relevant offence, or b impose a variable monetary penalty on the person in relation to an act or omission constituting the relevant offence. 3 In this paragraph “ relevant offence ” has the meaning given in section 25(2) of the Aquaculture and Fisheries (Scotland) Act 2007. . PART 6 General Subordinate legislation 62 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 or different areas, b incidental, supplemental, consequential, transitional, transitory or saving provision. 2 The following orders and regulations are subject to the affirmative procedure— a regulations under section 59, b an order under section 64(1) containing provisions which add to, replace or omit any part of the text of an Act. 3 All other orders and regulations under this Act are subject to the negative procedure. 4 This section does not apply to an order under section 66(2). Interpretation 63 In this Act, unless the context otherwise requires— “ assimilated restriction ” means a restriction that— was created or arose by or under the EU Treaties before IP completion day, and forms part of assimilated law, as modified from time to time,, “ British sea-fishery officer ” means a person who is a British sea-fishery officer by virtue of section 7(1) of the Sea Fisheries Act 1968, “ disease ” means a clinical or non-clinical infection with one or more aetiological agents in fish, ... ... “ fish ” means fish of any kind but does not, except in Part 3, include shellfish, “ fish farm ” means any place used for the purposes of fish farming, “ fish farming ” means the keeping of live fish with a view to their sale or to their transfer to other waters; but only where such activity is required to be authorised as an aquaculture production business under regulation 6 of the Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85), “ marine enforcement officer ” has the same meaning as in section 157(1) of the Marine (Scotland) Act 2010, “ parasite ” has the meaning given in section 4(1) of the Aquaculture and Fisheries (Scotland) Act 2007, “ pathogen ” means an organism that causes or contributes to the development of a disease, ... “ shellfish ” includes crustaceans and molluscs of any kind, and includes any brood, ware, half-ware, spat or spawn of shellfish, “ shellfish farm ” means any place used for the purposes of shellfish farming, “ shellfish farming ” means the cultivation or propagation of shellfish with a view to their sale or their transfer to other waters or land; but only where such activity is required to be authorised as an aquaculture production business under regulation 6 of the Aquatic Animal Health (Scotland) Regulations 2009 (S.S.I. 2009/85). Ancillary provision 64 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. Crown application 65 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 Lord Advocate, 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. Commencement 66 1 This Part, and sections 4, 22 and 53, come 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. Short title 67 The short title of this Act is the Aquaculture and Fisheries (Scotland) Act 2013. SCHEDULE 1 Commercially damaging species: control schemes (introduced by section 17(6)) Making a control scheme: procedure 1 Where the Scottish Ministers propose to make a control scheme, they must serve on every person who carries on a business of fish farming or shellfish farming on whom the scheme proposes to impose any requirement— a a draft of the proposed scheme, and b a notice stating that any such person may, within 14 days of the service of the notice, object to the Scottish Ministers in such manner as may be specified in the notice to the draft control scheme or to any provision contained in it. 2 If no objection is duly made under paragraph 1, or if all objections so made are withdrawn, the Scottish Ministers may make the control scheme either in the form of the draft control scheme served under that paragraph or, subject to paragraph 4, with modifications. 3 If any objection duly made under paragraph 1 is not withdrawn, the Scottish Ministers— a must consider the objection, and b may make the control scheme either in the form of the draft control scheme served under that paragraph or, subject to paragraph 4, with modifications. 4 A control scheme may not be made with any modifications unless— a every person served with a copy of the draft control scheme under paragraph 1 has been served with a notice of the proposal to make the modification, and b every such person— i has either consented to the proposal, or ii has not, before the expiry of the period of 14 days beginning with the day of the service of the notice, notified the Scottish Ministers in writing that the person objects to it. Variation or revocation of a control scheme: procedure 5 1 The Scottish Ministers may— a make a scheme varying a control scheme, or b revoke a control scheme. 2 The Scottish Ministers may exercise a power under sub-paragraph (1)— a on the application of a person who carries on a business of fish farming or shellfish farming on whom the control scheme has imposed any requirement, or b even if no such application is made. 6 Before making any variation or revocation such as is mentioned in paragraph 5(1), the Scottish Ministers must serve on every person who carries on a business of fish farming or shellfish farming on whom the control scheme has imposed any requirement— a a draft of the scheme varying the control scheme or (as the case may be) an intimation of the proposed revocation, and b a notice stating that any such person may, within 14 days of the service of the draft scheme or (as the case may be) the intimation, object to the Scottish Ministers in such manner as may be specified in the notice to the variation or revocation of the control scheme. 7 If no objection is duly made under paragraph 6, or if all objections so made are withdrawn, the Scottish Ministers may vary or revoke the control scheme (as the case may be). 8 If any objection duly made under paragraph 6 is not withdrawn, the Scottish Ministers— a must consider the objection, and b may— i make the variation, either in the form of the draft or, subject to paragraph 9, with modifications, or ii revoke the control scheme, as the case may be. 9 A variation of a control scheme may not be made with any modification unless— a every person served with a copy of the draft scheme by virtue of paragraph 6 has been served with a notice of the proposal to make the modification, and b every such person— i has either consented to the proposal, or ii has not, before the expiry of the period of 14 days beginning with day of the service of the notice, notified the Scottish Ministers in writing that the person objects to it. Objections 10 Notwithstanding anything in paragraph 3 or 8, the Scottish Ministers may— a require any person who has made an objection to state in writing the grounds for it, and b disregard the objection for the purposes of this schedule if they are satisfied that the objection is frivolous. Making, varying or revoking a control scheme: notices 11 On making a control scheme, or on varying or revoking such a scheme, the Scottish Ministers must serve on every person on whom a notice was required to be served under any of the following provisions— a paragraph 1(b), b paragraph 4(a), c paragraph 6(b), d paragraph 9(a), a notice stating that the scheme has been made or (as the case may be) that a variation or revocation of the scheme has been made. Validity of control schemes 12 Subject to paragraph 13, the validity of a control scheme or of any variation or revocation of such a scheme may not at any time be questioned in any proceedings. Appeals 13 1 Any person who carries on a business of fish farming or shellfish farming at a fish farm or shellfish farm to which a control scheme relates may appeal by way of summary application to a sheriff against— a a decision of the Scottish Ministers to— i make the control scheme, ii make a scheme varying the control scheme, or iii revoke the control scheme, or b the terms or conditions of the control scheme (including such a scheme as varied). 2 An appeal under sub-paragraph (1) must be lodged not later than 28 days after the date on which the person making the appeal received a notice under paragraph 11. 3 On an appeal under sub-paragraph (1), the sheriff may— a affirm the control scheme, b direct the Scottish Ministers to amend the scheme in such manner as the sheriff may specify, c direct the Scottish Ministers to revoke the scheme, d make such other order as the sheriff thinks fit. 4 A decision of the sheriff on an appeal under sub-paragraph (1) is final except on a point of law. 5 An appeal on a point of law against the decision of a sheriff under sub-paragraph (1) lies to the Court of Session only. SCHEDULE 2 Forfeiture under section 46 or 47 (introduced by section 48) Application of schedule 1 This schedule applies where— a property seized by a British sea-fishery officer in the exercise of any power conferred by the sea fisheries legislation is being retained by the Scottish Ministers, b the Scottish Ministers are satisfied that there are reasonable grounds for believing that the property is liable to forfeiture under section 46 or 47, and c any of the following applies— i a procurator fiscal has decided not to take proceedings against any person in respect of any offence in relation to the property, ii where a fixed penalty notice has been issued in respect of such an offence, the appropriate fixed penalty has been paid, or iii any proceedings taken in respect of such an offence have concluded without an order for forfeiture having been made in respect of the property. Notice of intended forfeiture 2 1 The Scottish Ministers must serve notice of the intended forfeiture of the property (“notice of intended forfeiture”) on each of the following— a every person who appears to the Scottish Ministers to have been an owner of the property at the time of its seizure, b in the case of property seized on board a vessel, the master, owner and charterer (if any) of the vessel at that time, c in the case of property seized from premises, every person who appears to the Scottish Ministers to have been an occupier of the premises at that time, d in any other case, the person (if any) from whom the property was seized. 2 The notice of intended forfeiture must set out— a a description of the property, b the grounds of the intended forfeiture, c information about how a person may give a notice of claim under this schedule, and d the period within which such a notice must be given. 3 In a case where— a the property was seized following an inspection carried out in exercise of the power conferred by section 39, and b the Scottish Ministers, after taking reasonable steps to do so, are unable to identify any person as owning the property, the reference in sub-paragraph (1) to a requirement to serve notice of intended forfeiture on such a person is to be read as a reference to a requirement to take such steps as the Scottish Ministers think fit to bring the contents of the notice to the attention of persons likely to be interested in it. 4 Property may be forfeited or taken as forfeited under this schedule only if— a the requirements of this paragraph have been complied with in respect of the property, or b it was not reasonably practicable for them to be complied with. Notice of claim 3 1 A person claiming that the property is not liable to forfeiture under section 46 or 47 must serve notice of the claim (a “notice of claim”) on the Scottish Ministers. 2 A notice of claim must be served— a within one month of the day of the serving of the notice of intended forfeiture, or b if no such notice has been served, within one month of the date of the seizure of the property. 3 A notice of claim must specify the name and address of the claimant. 4 In a case in which notice of intended forfeiture was served on different persons on different days, the reference in this paragraph to the day on which that notice was served is a reference— a in relation to a person on whom the notice of intended forfeiture was served, to the day on which that notice was served on that person, and b in relation to any other person, to the day on which notice of intended forfeiture was served on the last person on whom such a notice was served. Automatic forfeiture in a case where no claim is made 4 The property is taken to be forfeited if— a by the end of the period for the serving of a notice of claim in respect of the property, no notice of claim has been served on the Scottish Ministers, or b a notice of claim has been served which does not comply with the requirements of paragraph 3. Decision whether to apply for order forfeiting property 5 1 Where a notice of claim in respect of the property is duly served in accordance with paragraph 3, the Scottish Ministers must decide whether to make an application to a sheriff for an order forfeiting the property (a “forfeiture application”). 2 The decision whether to make such an application must be taken as soon as reasonably practicable after receipt of the notice of claim. Return of property if no application made to the sheriff 6 1 If, in a case in which a notice of claim has been duly served, the Scottish Ministers decide not to make a forfeiture application in respect of the property, they must return the property to a person appearing to them to be an owner of the property. 2 The property must be returned as soon as reasonably practicable after the decision not to make a forfeiture application. Forfeiture applications 7 1 This paragraph applies if, in a case in which a notice of claim has been duly served, the Scottish Ministers decide to make a forfeiture application in respect of the property. 2 A forfeiture application is to be made by way of summary application. 3 If the sheriff is satisfied that the property is liable to forfeiture under section 46 or 47, the sheriff may order the forfeiture of the property. 4 If the sheriff is not so satisfied, the sheriff must order the return of the property to a person appearing to the sheriff to be entitled to it. Appeal against sheriff's decision on forfeiture application 8 1 Either party may appeal against the decision of the sheriff on a forfeiture application to the sheriff principal. 2 Where an appeal has been made to the sheriff principal, the property is to be retained by the Scottish Ministers pending final determination of the appeal. Effect of forfeiture 9 Where property is taken to be forfeited under this schedule or the property's forfeiture is ordered by the sheriff under this schedule, the forfeiture is to be treated as having taken effect as from the time of the seizure of the property. Disposal of property which is not returned 10 1 This paragraph applies where any property is required to be returned to a person under this schedule. 2 If the property is still in the Scottish Ministers' possession after the end of the period of 3 months beginning with the day after the requirement to return it arose, the Scottish Ministers may dispose of it in any manner they think fit. 3 The Scottish Ministers may exercise their power under this paragraph to dispose of property only if it is not practicable at the time when the power is exercised to dispose of the property by returning it immediately to the person to whom it is required to be returned. Provisions as to proof 11 1 In proceedings on a forfeiture application under this schedule in relation to any property, the fact, form and manner of the seizure of the property are to be taken, without further evidence and unless the contrary is shown, to have been as set out in the application. 2 In any proceedings, the production of— a the sheriff's order forfeiting any property under this schedule, or b a certified copy of the order purporting to be signed by the sheriff clerk, is sufficient evidence of the forfeiture of property by the sheriff under this schedule. Power to destroy fish before forfeiture 12 1 The Scottish Ministers may destroy any fish which they consider to be liable to forfeiture under section 47 even if the fish are not yet taken to be forfeited under this schedule and their forfeiture has not yet been ordered by the sheriff under this schedule. 2 If, in proceedings on a forfeiture application under this schedule, the sheriff is not satisfied that any fish destroyed under this paragraph were liable to forfeiture under section 47, the Scottish Ministers must, if requested to do so, pay to the claimant a sum of money equal to the market value of the fish at the time of their seizure. 3 A claimant who accepts a sum of money paid under sub-paragraph (2) has no right of action on account of the seizure, detention or destruction of the fish. 4 For the purposes of sub-paragraph (2), the market value of the fish at the time of their seizure is taken to be the average of the prices at which fish of the same kind were sold in the calendar month preceding the time of seizure at the designated auction nearest to the place where the fish were landed. 5 In sub-paragraph (4), “ designated auction ” means a centre for the auction of fish designated by the Scottish Ministers for the purposes of this paragraph. Power to return shellfish to the sea before forfeiture 13 1 This paragraph applies to any shellfish— a seized by a British sea-fishery officer in the exercise of any power conferred by the sea fisheries legislation, and b which the officer considers to be liable to forfeiture under section 47. 2 If the conditions in sub-paragraph (3) are met, the officer may return the shellfish to the sea even though the shellfish are not yet taken to be forfeited under this schedule and their forfeiture has not yet been ordered by the sheriff under this schedule. 3 The conditions are that— a the shellfish are alive, and b the officer considers it appropriate to return them to the sea to allow their onward growth to maturity. 4 Sub-paragraphs (2) to (5) of paragraph 12 apply in a case where shellfish have been returned to the sea under this paragraph as they apply where fish have been destroyed under paragraph 12, but as if— a references to the fish were references to the shellfish, b references to the destruction of the fish under paragraph 12 were references to the return of the shellfish to the sea under this paragraph, and c the reference to the place where the fish were landed were a reference to the place where the shellfish would have been landed had they not been returned to the sea. S. 1 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 2 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 3 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 5 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 6 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 7 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 8 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 9 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 10 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 11 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 12 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 13 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 14 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 15 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 16 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 17 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 18 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 19 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 20 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 21 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 23 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 24 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 25 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 26 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 27 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 28 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 29 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 30 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 31 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 32 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 33 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 34 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 35 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 36 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 37 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 38 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 39 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 40 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 41 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 42 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 43 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 44 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 45 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 46 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 47 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 48 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 49 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 50 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 51 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 52 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 54 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 55 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 56 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 57 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 58 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 59 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 60 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 S. 61 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 1 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 2 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 3 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 4 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 5 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 6 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 7 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 8 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 9 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 10 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 11 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 12 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 1 para. 13 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 1 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 2 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 3 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 4 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 5 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 6 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 7 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 8 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 9 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 10 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 11 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 12 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Sch. 2 para. 13 in force at 16.9.2013 by S.S.I. 2013/249 , art. 2 Words in s. 63 omitted (31.12.2020) by virtue of The Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/24) , regs. 1(2)(b) , 7(4)(a) ; 2020 c. 1 , Sch. 5 para. 1(1) Words in s. 53(1) substituted (31.12.2020) by The Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/24) , regs. 1(2)(b) , 7(2) ; 2020 c. 1 , Sch. 5 para. 1(1) S. 59(8)(b) substituted (31.12.2020) by The Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/24) , regs. 1(2)(b) , 7(3) ; 2020 c. 1 , Sch. 5 para. 1(1) S. 35 applied (1.4.2022) by The Aquaculture and Fisheries etc. (Scheme for Financial Assistance) (Scotland) Regulations 2022 (S.S.I. 2022/85) , regs. 1(2) , 11(2) Word in s. 53(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374) , reg. 1(1) , sch. 1 para. 9(2) Words in s. 59(8)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374) , reg. 1(1) , sch. 1 para. 9(3)(a) Word in s. 59(8)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374) , reg. 1(1) , sch. 1 para. 9(3)(b) Words in s. 63 inserted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374) , reg. 1(1) , sch. 1 para. 9(4)(a) Words in s. 63 repealed (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374) , reg. 1(1) , sch. 1 para. 9(4)(b)
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[uk-legislation-asp][asp] 2024-05-04 High Hedges (Scotland) Act 2013
http://www.legislation.gov.uk/asp/2013/6/2017-04-01
http://www.legislation.gov.uk/asp/2013/6/2017-04-01 High Hedges (Scotland) Act 2013 An Act of the Scottish Parliament to make provision about hedges which interfere with the reasonable enjoyment of residential properties. text text/xml en Statute Law Database 2023-10-20 Expert Participation 2017-04-01 High Hedges (Scotland) Act 2013 2013 asp 6 An Act of the Scottish Parliament to make provision about hedges which interfere with the reasonable enjoyment of residential properties. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 28th March 2013 and received Royal Assent on 2nd May 2013 Meaning of “high hedge” Meaning of “high hedge” 1 1 This Act applies in relation to a hedge (referred to in this Act as a “high hedge”) which— a is formed wholly or mainly by a row of 2 or more trees or shrubs, b rises to a height of more than 2 metres above ground level, and c forms a barrier to light. 2 For the purposes of subsection (1)(c) a hedge is not to be regarded as forming a barrier to light if it has gaps which significantly reduce its overall effect as a barrier at heights of more than 2 metres. 3 In applying this Act in relation to a high hedge no account is to be taken of the roots of a high hedge. High hedge notices Application for high hedge notice 2 1 Where subsection (2) applies, an owner or occupier of a domestic property (referred to in this Act as the “applicant”) may apply to the relevant local authority for a high hedge notice. 2 This subsection applies where the applicant considers that the height of a high hedge situated on land owned or occupied by another person adversely affects the enjoyment of the domestic property which an occupant of that property could reasonably expect to have. Pre-application requirements 3 1 Before making an application under section 2(1), the applicant must take all reasonable steps to resolve the matters in relation to the high hedge which would otherwise be the subject of the application. 2 In complying with the duty imposed by subsection (1) the applicant must have regard to any guidance issued by the relevant local authority under section 31(2)(a). Fee for application 4 1 An application must be accompanied by a fee of such amount (if any) as the relevant local authority may fix. 2 An authority may fix different fees for different applications or types of application. 3 A fee fixed by an authority must not exceed an amount which it considers represents the reasonable costs of an authority in deciding an application under this Act. 4 A fee paid to an authority may be refunded by it in such circumstances and to such extent as it may determine. 5 An authority must publish information on the circumstances in which and the extent to which it may normally be considered appropriate for a fee paid to the authority to be refunded under subsection (4). 6 When publishing information in accordance with subsection (5), an authority must have regard to any guidance on the refund of application fees issued by the Scottish Ministers under section 31(1). Dismissal of application 5 1 A relevant local authority must dismiss an application where the authority considers that— a the applicant has not complied with the duty imposed by section 3(1), or b the application is frivolous or vexatious. 2 As soon as is reasonably practicable after dismissing an application, the authority must notify the applicant of— a its decision, and b the reasons for its decision. Consideration of application 6 1 This section applies where a relevant local authority does not dismiss an application under section 5. 2 The authority must give every owner and occupier of the neighbouring land— a a copy of the application, and b a notice informing the person to whom it is given of the matters mentioned in subsection (3). 3 The matters are— a that the authority is required to make a decision under subsection (5), b that the person has a right to make representations to the authority in relation to the application before the expiry of the period of 28 days beginning with the day on which the notice is given, c that the authority must give a copy of any such representations to the applicant, d that the authority has power to authorise entry to the neighbouring land under section 18(1), and e that it is an offence under section 21 intentionally to prevent or obstruct a person authorised to enter land from acting in accordance with this Act. 4 If any representations are received by the authority during the period mentioned in subsection (3)(b), the authority must— a give the applicant a copy of those representations, and b take into account those representations in making its decision under subsection (5). 5 After the end of the period of 28 days referred to in subsection (3)(b), the authority must decide— a whether the height of the high hedge adversely affects the enjoyment of the domestic property which an occupant of that property could reasonably expect to have, and b if so, whether any action to remedy the adverse effect or to prevent the recurrence of the adverse effect (or both) should be taken by the owner in relation to the high hedge (any action that is to be taken being referred to in this Act as the “initial action”). 6 If the authority decides under subsection (5)(b) that initial action should be taken, the authority must— a specify a reasonable period of time within which the initial action is to be taken (the “compliance period”), and b decide whether any action to prevent the recurrence of the adverse effect should be taken by the owner in relation to the high hedge at times following the end of the compliance period while the hedge remains on the land (the “preventative action”). 7 In making a decision under subsection (5)(b), the authority must have regard to all the circumstances of the case, including in particular— a the effect of the high hedge on the amenity of the area, and b whether the high hedge is of cultural or historical significance. 8 Where the high hedge which is the subject of the application is situated on land which has been designated as a National Park, the authority must— a before making a decision under subsection (5)(b), consult the National Park authority for the National Park, and b in making its decision under that subsection, take into account any representations made by that National Park authority. Notice of decision where no action to be taken 7 1 This section applies where— a the relevant local authority decides under section 6(5)(a) that there is no adverse effect, or b the relevant local authority decides under section 6(5)(b) that no action should be taken in relation to the high hedge. 2 As soon as is reasonably practicable after making its decision the authority must notify the persons mentioned in subsection (3) of— a the making of the decision, b the reasons for it, c the right to appeal under section 12(1). 3 Those persons are— a the applicant, and b every owner and occupier of the neighbouring land. 4 Where the high hedge which is the subject of the application is situated on land which has been designated as a National Park and subsection (1)(b) applies, the authority must notify the National Park authority for the National Park of its decision. High hedge notice 8 1 Where a relevant local authority decides under section 6(5)(b) that action should be taken, it must issue a high hedge notice as soon as is reasonably practicable after making that decision. 2 A high hedge notice is a notice— a identifying the high hedge which is the subject of the notice and the neighbouring land, b identifying the domestic property in relation to which the authority has decided under section 6(5)(a) that an adverse effect exists, c stating the date on which the notice is to take effect, d stating the initial action that is to be taken by the owner of the neighbouring land and the compliance period for that action, e stating any preventative action that is to be taken by the owner of the neighbouring land, f informing the recipient that there is a right to appeal under section 12(2)(a), g informing the recipient that the authority is entitled to authorise a person to take action under section 22 where there is a failure to comply with the notice and that the authority may recover the expenses of that action, and h informing the recipient that it is an offence under section 24 intentionally to prevent or obstruct a person authorised to take action from acting in accordance with this Act. 3 The date referred to in subsection (2)(c) must be at least 28 days after the date on which the notice is given. 4 The authority must— a give the persons mentioned in subsection (5) a copy of the high hedge notice, and b notify those persons of the reasons for its decision. 5 Those persons are— a the applicant, and b every owner and occupier of the neighbouring land. 6 Where the high hedge to which a high hedge notice relates is situated on land which has been designated as a National Park, the authority must give the National Park authority for the National Park a copy of the high hedge notice. Effect of high hedge notice 9 A high hedge notice is binding on every person who is for the time being an owner of the neighbouring land specified in the notice. High hedge notice: withdrawal and variation 10 1 After a relevant local authority issues a high hedge notice, it may— a withdraw the notice, or b vary the notice. 2 Before withdrawing or varying a notice under subsection (1), the authority must have regard to all the circumstances of the case, including in particular— a whether, after the proposed withdrawal or variation, the height of the high hedge would adversely affect the enjoyment of the domestic property which an occupant of that property could reasonably expect to have, and b the matters mentioned in section 6(7). 3 Where an authority withdraws a high hedge notice under subsection (1)(a), it must give the persons mentioned in subsection (4) notice of— a the withdrawal, b the reasons for the withdrawal, and c the right to appeal under section 12(2)(b). 4 Those persons are— a every owner and occupier of the domestic property identified in the notice, and b every owner and occupier of the neighbouring land. 5 The withdrawal of a high hedge notice under subsection (1)(a) does not of itself prevent the issuing of a further high hedge notice in respect of the same hedge. 6 Where an authority varies a high hedge notice under subsection (1)(b), it must— a issue a revised high hedge notice stating the date on which the revised notice takes effect, b give a copy of the high hedge notice to the persons mentioned in subsection (4), c notify those persons of the reasons for its decision, and d notify those persons of the right to appeal under section 12(2)(b). 7 The date referred to in subsection (6)(a) must be at least 28 days after the date on which the revised notice is given. 8 Where the high hedge to which a high hedge notice relates is situated on land which has been designated as a National Park, the authority must— a where it withdraws the high hedge notice under subsection (1)(a), give the National Park authority for the National Park notice of the withdrawal, b where it varies the high hedge notice under subsection (1)(b), give the National Park authority for the National Park a copy of the revised notice. 9 Subsections (1) to (8) apply in relation to a revised high hedge notice issued by the authority under subsection (6)(a) as they apply in relation to a high hedge notice. Tree preservation orders 11 1 Subsection (2) applies where a high hedge notice issued by a relevant local authority, relates to a high hedge which— a includes a tree which is subject to a tree preservation order, or b forms part of a group of trees or woodland which is subject to a tree preservation order. 2 The tree preservation order has no effect in relation to the initial action or any preventative action specified in the high hedge notice. Appeals Appeals 12 1 The applicant may appeal to the Scottish Ministers against— a a decision by a relevant local authority under section 6(5)(a) that there is no adverse effect, b a decision by a relevant local authority under section 6(5)(b) that no action should be taken in relation to the high hedge. 2 A person mentioned in subsection (3) may appeal to the Scottish Ministers against— a the issuing by a relevant local authority of a high hedge notice, or b the withdrawal or variation of a notice by a relevant local authority under section 10(1). 3 Those persons are— a every owner and occupier of the domestic property identified in the high hedge notice, and b every owner and occupier of the neighbouring land. 4 An appeal must be made before the end of the period of 28 days beginning with— a in the case of an appeal under subsection (1), the date of the notification given by the authority under section 7, b in the case of an appeal under subsection (2)(a), the date of the notification given by the authority under section 8(4), c in the case of an appeal under subsection (2)(b), the date of the notification given by the authority under section 10(3) or (6). Effect of appeal 13 1 This section applies during the period beginning with the making of an appeal and ending with its final determination, withdrawal or abandonment. 2 Where the appeal is made under section 12(2)(a), the high hedge notice has no effect. 3 Where the appeal is made under section 12(2)(b)— a the high hedge notice has no effect, and b the withdrawal or variation has no effect. Determination of appeal 14 1 Where an appeal is made under section 12(1), the Scottish Ministers may— a confirm the decision to which the appeal relates, or b quash the decision of the authority under section 6(5)(a) or (b), with or without issuing a high hedge notice. 2 Where an appeal is made under section 12(2), the Scottish Ministers may— a confirm the high hedge notice or decision to which the appeal relates, b quash the high hedge notice or decision, or c vary the high hedge notice issued under section 8(1) or, as the case may be, 10(6)(a). 3 A high hedge notice issued or varied under this section is to be treated as if issued or varied by the relevant local authority. Person appointed to determine appeal 15 1 An appeal may be determined by a person appointed by the Scottish Ministers for that purpose instead of by the Scottish Ministers. 2 An appointed person has, in relation to the appeal, the same powers and duties as the Scottish Ministers have under this Act. 3 Where an appeal is determined by a person appointed by the Scottish Ministers, the decision is to be treated as if it were a decision of the Scottish Ministers. Notice of determination 16 1 As soon as is reasonably practicable after determining an appeal the Scottish Ministers must— a where they have made a determination in accordance with section 14(1)(b) and are to issue a high hedge notice— i issue the high hedge notice, ii give a copy of the high hedge notice to the persons mentioned in subsection (2), and iii notify those persons of the reasons for their decision, b where they have made a determination in accordance with section 14(2)(c)— i issue a revised high hedge notice, ii give a copy of the revised notice to the persons mentioned in subsection (2), and iii notify those persons of the reasons for their decision, c where they have made any other determination, notify the persons mentioned in subsection (2) of their decision and the reasons for their decision. 2 Those persons are— a the relevant local authority, b every owner and occupier of the domestic property identified in the high hedge notice or, as the case may be, the revised high hedge notice, and c every owner and occupier of the neighbouring land. Period for taking initial action following appeal 17 1 This section applies where an appeal under section 12(2) is— a determined, or b withdrawn or abandoned by the person making the appeal. 2 The compliance period for the initial action specified in the high hedge notice or revised high hedge notice is to be taken as beginning on— a the day on which the appeal is determined, or b such later day as is specified in the revised notice issued under section 16(1)(b). 3 Where the appeal is withdrawn or abandoned, the compliance period for the initial action specified in the high hedge notice is to be taken as beginning on the day on which the appeal is withdrawn or abandoned. Powers of entry Power to enter neighbouring land 18 1 A person authorised by a relevant local authority may enter the neighbouring land for the purpose of— a obtaining information required by that authority to carry out the authority's functions under section 6 or 10, b determining whether initial action or preventative action set out in a high hedge notice has been carried out. 2 A person may enter the neighbouring land for the purpose of obtaining information required to determine an appeal under section 14 if— a the person is authorised to do so by the Scottish Ministers, b the person is appointed under section 15(1), or c the person is authorised to do so by a person appointed under section 15(1). 3 A person authorised to enter land by virtue of this section may enter a building which is for the time being occupied as a residence only if there is no other reasonably practicable means of access to the high hedge. Supplementary powers 19 1 A person authorised to enter land by virtue of section 18 (referred to in this section as an “ authorised person ”) may— a take onto the land such other persons and such materials and equipment (including vehicles) as may be reasonably required for the purposes of assisting the authorised person to fulfil the purpose for which entry is taken, b take samples of any trees or shrubs that appear to the authorised person to form part of the high hedge, c do anything else which is reasonably required in order to fulfil the purpose for which entry is taken. 2 A person mentioned in subsection (3) must give every owner and occupier of the land at least 14 days' notice of the intended entry by the authorised person. 3 Those persons are— a in the case of a person authorised by virtue of section 18(1), the relevant local authority, b in the case of a person authorised by virtue of section 18(2)(a), the Scottish Ministers, c in any other case, the person appointed under section 15(1). 4 An authorised person must on request produce written evidence of the authorisation. 5 On leaving neighbouring land which is unoccupied or from which all of the occupiers are temporarily absent, an authorised person must ensure that the land is as effectively secured against unauthorised entry as it was when the person entered it. Warrant authorising entry 20 1 The sheriff or a justice of the peace may by warrant authorise any person entitled to enter the neighbouring land under section 18 to enter the land and if necessary to use reasonable force in doing so. 2 A warrant may be granted only if the sheriff or justice is satisfied, by evidence on oath— a that there are reasonable grounds for entering the land concerned, b that— i entry to the land has been refused, ii such a refusal is reasonably expected, or iii the land is unoccupied, and c that the relevant local authority has or, as the case may be, the Scottish Ministers have complied with the notice requirements imposed by section 19(2). 3 A warrant must not authorise— a entry to a building which is for the time being occupied as a residence unless there is no other reasonably practicable means of access to the high hedge, b the use of force against an individual. 4 A warrant expires— a when it is no longer required for the purpose for which it is granted, or b on the expiry of such period as may be specified in it. Offence 21 1 It is an offence intentionally to prevent or obstruct a person authorised to enter land under section 18 from doing anything which that person is authorised to do by virtue of this Act. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Local authority enforcement action Power to take action 22 1 A person authorised by a relevant local authority (referred to in this section as an “ authorised person ”) may— a enter the neighbouring land, b take any initial action or preventative action which— i is required to be taken by a high hedge notice, and ii has not been taken in accordance with the high hedge notice, c take onto the land such other persons and such materials and equipment (including vehicles) as may be reasonably required for the purposes of assisting the authorised person to take the required action, and d do anything else which is reasonably required for the purpose of taking the required action. 2 The relevant local authority must give every owner and occupier of the neighbouring land at least 14 days' notice of the intended entry by the authorised person. 3 An authorised person may enter a building which is for the time being occupied as a residence only if there is no other reasonably practicable means of access to the high hedge. 4 An authorised person must on request produce written evidence of the authorisation. 5 On leaving neighbouring land which is unoccupied or from which all of the occupiers are temporarily absent, an authorised person must ensure that the land is as effectively secured against unauthorised entry as it was when the person entered it. Warrant authorising entry by local authority 23 1 The sheriff or a justice of the peace may by warrant authorise any person entitled to enter the neighbouring land under section 22 to enter the land and if necessary to use reasonable force in doing so. 2 A warrant may be granted only if the sheriff or justice is satisfied, by evidence on oath— a that there are reasonable grounds for entering the land concerned, b that— i entry to the land has been refused, ii such a refusal is reasonably expected, or iii the land is unoccupied, and c that the relevant local authority has complied with the notice requirements imposed by section 22(2). 3 A warrant must not authorise— a entry to a building which is for the time being occupied as a residence unless there is no other reasonably practicable means of access to the high hedge, b the use of force against an individual. 4 A warrant expires— a when it is no longer required for the purpose for which it is granted, or b on the expiry of such period as may be specified in it. Local authority action: offence 24 1 It is an offence intentionally to prevent or obstruct a person authorised by a relevant local authority under section 22 from doing anything which that person is authorised to do by virtue of this Act. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Expenses of enforcement action Recovery of expenses from owner of land 25 1 A relevant local authority may recover from any person who is an owner of the neighbouring land— a any expenses reasonably incurred by the authority in taking action under section 22, b any administrative expenses (including registration fees) reasonably incurred by it in connection with recovering those expenses, and c interest, at such reasonable rate as it may determine, in respect of the period beginning on a date specified by the authority until the whole amount is paid. 2 The date specified under subsection (1)(c) must be after the date on which a demand for payment is served by the authority. 3 Each owner of the neighbouring land is jointly and severally liable for the expenses and interest mentioned in this section. Notice of liability for expense of local authority action 26 1 A relevant local authority may apply to register a notice (a “notice of liability for expenses”) specifying the matters mentioned in subsection (2). 2 The matters are— a the amount of the expenses payable in accordance with section 25(1)(a) and (b), b whether interest is payable under section 25(1)(c), c the action taken under section 22 to which those expenses relate, d a description of the neighbouring land in respect of which an owner is liable under section 25, e the effect of section 27 in relation to a new owner of that land, and f the name and address of the local authority. 3 For the purposes of subsection (2)(d) the description must— a in the case of land registered in the Land Register of Scotland, include the title number of the land, b in the case where the title to the land (or a larger area containing the land) is derived from a deed recorded in the General Register of Sasines, identify the land by reference to that deed. Recovery of expenses from new owner of land 27 1 Subsection (2) applies where— a a notice of liability for expenses is registered in relation to the land, and b the notice was registered at least 14 days before the date on which a person (the “new owner”) acquires right to the neighbouring land. 2 The new owner is severally liable with any former owner of the neighbouring land for any expenses and interest for which the former owner is liable under section 25(1). Continuing liability of former owner 28 1 An owner of the neighbouring land who is liable for expenses and interest under section 25 does not, by virtue only of ceasing to be such an owner, cease to be liable for the expenses and interest. 2 Where a new owner pays any expenses and interest for which a former owner of the land is liable, the new owner may recover the amount so paid from the former owner. 3 A person who is entitled to recover an amount under subsection (2) does not, by virtue only of ceasing to be the owner of the land, cease to be entitled to recover that amount. Notice of discharge 29 1 This section applies where liability for expenses and interest to which a registered notice of liability for expenses relates has been discharged. 2 The relevant local authority must apply to register a notice (a “notice of discharge”) specifying the matters mentioned in subsection (3). 3 The matters are— a the date of registration or recording of the notice of liability for expenses to which the notice of discharge relates, b the action taken under section 22 to which that notice of liability relates, c a description of the neighbouring land in respect of which an owner was liable under section 25, d that the liability for the expenses and interest has been discharged, e the name and address of the local authority. 4 For the purposes of subsection (3)(c) the description must— a in the case of land registered in the Land Register of Scotland, include the title number of the land, b in the case where the title to the land (or a larger area containing the land) is derived from a deed recorded in the General Register of Sasines, identify the land by reference to that deed. 5 On registration, the notice of discharge discharges the notice of liability for expenses to which it relates. Receipt of notices by the Keeper 30 1 The Keeper of the Registers of Scotland is not required to investigate or determine whether the information contained in a notice of a type mentioned in subsection (2) which is submitted for registration is accurate. 2 The notices are— a a notice of liability for expenses, b a notice of discharge. General Guidance 31 1 The Scottish Ministers may, after consulting such persons as they consider appropriate, issue guidance about this Act. 2 A local authority may, after consulting such persons as the authority considers appropriate, issue guidance on— a the duty imposed by section 3(1), b any other provision of this Act. 3 A local authority must have regard to any guidance issued under subsection (1) when— a issuing guidance under subsection (2), b carrying out its functions under this Act. Report on operation of Act 32 1 The Scottish Parliament must make arrangements for one of its committees or sub-committees to report to the Scottish Parliament on the operation of this Act during the review period. 2 In this section, the “ review period ” means the period— a beginning on the day on which section 2 comes into force, and b ending 5 years after that day or on such earlier date as may be determined by the committee or sub-committee making the report under subsection (1). 3 A report under subsection (1)— a may be made in such form and manner as the committee or sub-committee considers appropriate, but b must be made no later than 18 months after the end of the review period. 4 The Scottish Parliament must publish a report made under subsection (1). Service of documents 33 1 If, having made reasonable inquiries, a person is unable to ascertain the name or address of a person to whom a notice relating to land is to be given under this Act, the notice may be given by— a addressing it to the person concerned by name or by a description of the person's interest in the land, and b delivering it by— i leaving it in the hands of a person who is or appears to be resident on the land or employed on the land, or ii fixing it to a building or object on, or to a conspicuous part of, the land (or, where that is not practicable, to a building or object near that land). 2 Where a document is delivered as mentioned in subsection (1)(b)(ii) it is to be taken to have been given on the day on which it is fixed on or near the building, object or land, unless the contrary is shown. Interpretation 34 1 In this Act, unless the context otherwise requires— “ applicant ” has the meaning given by section 2(1), “ compliance period ” has the meaning given by section 6(6)(a), “ domestic property ” means— any part of a building in Scotland which is occupied or intended to be occupied as a separate dwelling, and a yard, garden, garage or outhouse in Scotland which belongs to such a building or is usually enjoyed with it, “ high hedge ” has the meaning given by section 1, “ high hedge notice ” has the meaning given by section 8(2), “ initial action ” has the meaning given by section 6(5)(b), “ neighbouring land ”, in relation to a high hedge, means the land on which the high hedge is situated, “ new owner ” has the meaning given by section 27(1), “ notice of discharge ” has the meaning given by section 29, “ notice of liability for expenses ” has the meaning given by section 26, “ office-holder in the Scottish Administration ” is to be construed in accordance with section 126(7) of the Scotland Act 1998 (c.46), “ owner ” in relation to any property, means a person who has right to the property whether or not that person has completed title; but if, in relation to the property (or, if the property is held pro indiviso, in relation to any pro indiviso share in it) more than one person comes within that description of owner, then “ owner ” means such person as most recently acquired such right, “ preventative action ” has the meaning given by section 6(6)(b), “ register ”, in relation to a notice of liability for expenses and a notice of discharge, means register the information contained in the notice in question in the Land Register of Scotland or, as the case may be, record the notice in question in the General Register of Sasines; and “registered” and other related expressions are to be construed accordingly, “ relevant local authority ” means the local authority in whose area the high hedge is situated, “ tree preservation order ” has the meaning given by section 160(1) of the Town and Country Planning (Scotland) Act 1997 (c.8), “ vary ”, in relation to a high hedge notice, means— remove initial action or preventative action from the notice, amend initial action, the compliance period or preventative action in the notice, add further initial action (with a compliance period) or preventative action to the notice, correct a defect, error or misdescription in the notice. 2 References in this Act to a high hedge include references to part of a high hedge. 3 References in this Act to enjoyment of domestic property include references to enjoyment of part of the property. 4 Where domestic property is for the time being unoccupied, references in this Act to the reasonable enjoyment of that property are to be read as if they were references to the reasonable enjoyment of an occupant of the property if the property were occupied. Power to modify meaning of “high hedge” 35 1 The Scottish Ministers may by regulations modify the meaning of “high hedge” for the time being in section 1 by— a adding a type of tree or shrub to, or removing a type of tree or shrub from, section 1(1)(a), b increasing or reducing the height above ground level specified in section 1(1)(b) and (2), c modifying or adding to the effect of a hedge specified in section 1(1)(c). 2 Regulations under this section may— a make different provision for different cases, b include such supplementary, incidental, consequential, transitory or transitional provision or savings as the Scottish Ministers consider appropriate, c modify any enactment (including any other provision of this Act). 3 Regulations under this section are subject to the affirmative procedure. Ancillary provision 36 1 The Scottish Ministers may by order make such supplementary, incidental, consequential, transitional or transitory provision or savings as they consider appropriate 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 this or any other enactment. 3 An order under this section containing provision which adds to, replaces or omits any part of the text of an Act, is subject to the affirmative procedure. 4 Otherwise an order under this section is subject to the negative procedure. Crown application 37 1 No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable. 2 Despite subsection (1), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons. 3 The powers conferred by sections 18, 19 and 22 are exercisable in relation to Crown land only with the consent of the appropriate authority. 4 For the purposes of subsection (3), land is “Crown land” if an interest in the land— a belongs to Her Majesty in right of the Crown or in right of Her private estates, b belongs to an office-holder in the Scottish Administration or to a Government department, c is held in trust for Her Majesty for the purposes of the Scottish Administration or a Government department. 5 In subsection (3) “ appropriate authority ” means— a in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners, b in the case of any other land belonging to Her Majesty in right of the Crown, the office-holder in the Scottish Administration or, as the case may be, Government department having the management of the land or the relevant person , c in the case of land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers, d in the case of land belonging to an office-holder in the Scottish Administration or to a Government department or held in trust for Her Majesty for the purposes of the Scottish Administration or a Government department, the office-holder or Government department. 6 Any reference in this section to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37). 7 If a dispute arises in relation to the meaning of “appropriate authority” in the case of any land— a it is for the Scottish Ministers to determine the appropriate authority, and b the Scottish Ministers' decision is final. 8 In this section “ Government department ” means a department of the United Kingdom Government and “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land . Commencement 38 1 This section and sections 34, 36 and 39 come into force on the day after Royal Assent. 2 The other 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 contain transitory or transitional provision or savings. Short title 39 The short title of this Act is the High Hedges (Scotland) Act 2013. S. 1 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 2 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 3 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 4 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 5 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 6 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 7 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 8 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 9 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 10 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 11 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 12 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 13 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 14 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 15 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 16 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 17 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 18 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 19 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 20 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 21 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 22 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 23 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 24 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 25 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 26 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 27 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 28 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 29 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 30 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 31 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 32 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 33 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 S. 37 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2 Words in s. 37(5)(b) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524) , art. 1(2) , Sch. 5 para. 45(a) Words in s. 37(8) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524) , art. 1(2) , Sch. 5 para. 45(b) S. 35 in force at 1.4.2014 by S.S.I. 2014/54 , art. 2
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[uk-legislation-asp][asp] 2024-05-04 Budget (Scotland) Act 2013
http://www.legislation.gov.uk/asp/2013/4/2014-03-21
http://www.legislation.gov.uk/asp/2013/4/2014-03-21 Budget (Scotland) Act 2013 An Act of the Scottish Parliament to make provision, for financial year 2013/14, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for the maximum amounts of borrowing by certain statutory bodies and for authorising the payment of sums out of the Fund; to make provision, for financial year 2014/15, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes. text text/xml en Statute Law Database 2015-03-17 Expert Participation 2014-03-21 Budget (Scotland) Act 2013 2013 asp 4 An Act of the Scottish Parliament to make provision, for financial year 2013/14, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for the maximum amounts of borrowing by certain statutory bodies and for authorising the payment of sums out of the Fund; to make provision, for financial year 2014/15, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 6th February 2013 and received Royal Assent on 13th March 2013 PART 1 Financial year 2013/14 Use of resources etc. The Scottish Administration 1 1 The Scottish Administration may use resources in financial year 2013/14 for the purposes specified in column 1 of schedule 1— a in the case of resources other than accruing resources, up to the amounts specified in the corresponding entries in column 2 of that schedule, b in the case of accruing resources, up to the amounts specified in the corresponding entries in column 3 of that schedule. 2 Despite paragraphs (a) and (b) of subsection (1), the resources which may be used for a purpose specified in column 1 may exceed the amount specified in the corresponding entry in column 2 or (as the case may be) column 3 if— a in the case of resources other than accruing resources, the first condition is met, b in the case of accruing resources, the second condition is met. 3 The first condition is that the total resources (other than accruing resources) used in financial year 2013/14 for all purposes specified in column 1 does not exceed the total of the amounts specified in column 2. 4 The second condition is that the total accruing resources used in financial year 2013/14 for all purposes specified in column 1 does not exceed the total of the amounts specified in column 3. Direct-funded bodies 2 1 A direct-funded body may use resources in financial year 2013/14 for the purposes specified in column 1 of schedule 2 in relation to the body. 2 Resources other than accruing resources may be used for those purposes up to the amounts specified in the corresponding entries in column 2 of that schedule. 3 Accruing resources may be used for those purposes up to the amounts specified in the corresponding entries in column 3 of that schedule. Borrowing by statutory bodies 3 In schedule 3, the amounts set out in column 2 are the amounts specified for financial year 2013/14 for the purposes of the enactments listed in the corresponding entries in column 1 (which make provision as to the net borrowing of the statutory bodies mentioned in that column). The Scottish Consolidated Fund Overall cash authorisations 4 1 For the purposes of section 4(2) of the PFA Act 2000, the overall cash authorisations for financial year 2013/14 are as follows. 2 In relation to the Scottish Administration, £31,956,931,000 3 In relation to the direct-funded bodies— a the Forestry Commissioners, £70,031,000 b the Food Standards Agency, £10,800,000, c the Scottish Parliamentary Corporate Body, £71,989,000 d Audit Scotland, £7,005,000. Contingency payments 5 1 This section applies where, in financial year 2013/14, it is proposed to pay out of the Scottish Consolidated Fund under section 65(1)(c) of the Scotland Act 1998— a for or in connection with expenditure of the Scottish Administration, a sum which does not fall within the amount specified in section 4(2) in relation to it, or b for or in connection with expenditure of a direct-funded body, a sum which does not fall within the amount specified in section 4(3) in relation to the body. 2 The sum may be paid out of the Fund only if its payment is authorised by the Scottish Ministers. 3 The Scottish Ministers may authorise payment of the sum only if they consider that— a the payment is necessarily required in the public interest to meet urgent expenditure for a purpose falling within section 65(2) of the Scotland Act 1998, and b it is not reasonably practicable, for reasons of urgency, to amend the overall cash authorisation by an order under section 7. 4 But the Scottish Ministers must not authorise payment of the sum if it would result in an excess of sums paid out of the Fund over sums paid into the Fund. 5 The aggregate amount of the sums which the Scottish Ministers may authorise to be paid out of the Fund under this section must not exceed £50,000,000. 6 Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Scottish Parliament a report setting out the circumstances of the authorisation and why they considered it to be necessary. PART 2 Financial year 2014/15 Emergency arrangements 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Miscellaneous Amendment and repeal Budget revision orders 7 1 The Scottish Ministers may by order amend— a the amounts specified in section 4(2) and (3), b schedules 1 to 3. 2 An order under this section is subject to the affirmative procedure. Repeal of spent provisions 8 Part 2 (financial year 2013/14) of the Budget (Scotland) Act 2012 is repealed. Final provisions Interpretation 9 1 In this Act, the “ PFA Act 2000 ” means the Public Finance and Accountability (Scotland) Act 2000. 2 References in this Act to accruing resources in relation to the Scottish Administration or a direct-funded body are to such resources accruing to the Administration or (as the case may be) that body in financial year 2013/14. 3 References in this Act to the direct-funded bodies are to the bodies listed in section 4(3) (and references to a direct-funded body are to any of those bodies). 4 Except where otherwise expressly provided, expressions used in this Act and in the PFA Act 2000 have the same meanings in this Act as they have in that Act. Commencement 10 This Act comes into force on the day after Royal Assent. Short title 11 The short title of this Act is the Budget (Scotland) Act 2013. SCHEDULE 1 THE SCOTTISH ADMINISTRATION (introduced by section 1) Purposes Amount of resources (other than accruing resources) Amount of accruing resources £ £ 1. Through their Culture and External Affairs portfolio, for use by the Scottish Ministers on: support for the arts, culture and creativity in Scotland; cultural organisations; the creative industries; Historic Scotland; central government grants to non-departmental public bodies, local authorities and other bodies and organisations; international relations; development assistance. 216,415,000 40,000,000 2. Through their Finance, Employment and Sustainable Growth portfolio, for use by the Scottish Ministers on: the running and capital costs of the Scottish Public Pensions Agency; expenditure on committees, commissions and other portfolio services; expenditure and grant assistance in relation to public service reform and efficiency; funding of strategic contracts to increase the resilience and capacity of third sector organisations; planning; architecture; building standards; tourism; grant in aid for Scottish Enterprise and Highlands and Islands Enterprise; industry and technology grants; energy-related activities; central government grants to local authorities; sundry enterprise-related activities; the Accountant in Bankruptcy. 462,271,000 186,000,000 3. Through their Health and Wellbeing portfolio, for use by the Scottish Ministers on: hospital and community health services; family health services; community care; social care; welfare food (Healthy Start); payments to the Skipton Fund; other health services; sportscotland; delivery and legacy of the 2014 Commonwealth Games; expenditure relating to equality issues. 12,004,657,000 2,050,000,000 4. Through their Education and Lifelong Learning portfolio, for use by the Scottish Ministers on: schools; training and development of teachers; educational research, development and promotion; the Gaelic language; Bòrd na Gàidhlig; Gaelic Media Service (MG Alba); qualifications assessment and skills; funding of Education Scotland, Disclosure Scotland and Additional Support Needs Tribunals for Scotland; childcare, including care for vulnerable children; youth work, including youth justice and associated social work services; central government grants to local authorities; grant in aid for the Scottish Further and Higher Education Funding Council, Skills Development Scotland, Scottish Qualifications Authority, Children's Hearings Scotland, Scottish Children's Reporter Administration and Scottish Social Services Council; funding for the Student Awards Agency for Scotland and related costs, including the Student Loan Scheme; Enterprise in Education; funding activities for young people to develop skills in connection with training and work; activities associated with the Chief Scientific Adviser for Scotland; international and other educational services; the provision of Education Maintenance Allowances and funding for international college and university activities; sundry lifelong learning activities. 3,017,863,000 179,000,000 5. Through their Justice portfolio, for use by the Scottish Ministers on: legal aid, including the running costs of the Scottish Legal Aid Board; criminal injuries compensation (including administration); certain services relating to crime, including the Parole Board for Scotland; the Scottish Prison Service; the Scottish Criminal Cases Review Commission; the Risk Management Authority; the Scottish Police Authority and Police Investigations and Review Commissioners; additional police services; the Scottish Fire and Rescue Service; the payment of police and fire pensions; Scottish Resilience; central government grants to local authorities for Criminal Justice Social Work; measures to create safer and stronger communities ; measures in relation to drug abuse and treatment; the Scottish Tribunal Service; miscellaneous services relating to the administration of justice; residential accommodation for children; community justice services; court services, including judicial pensions; certain legal services; costs and fees in connection with legal proceedings. 2,559,608,000 39,700,000 6. Through their Rural Affairs and the Environment portfolio, for use by the Scottish Ministers on: market support, including grants in relation to agriculture; support for agriculture in special areas, including grants for rural development; rural development generally; agri‐environmental and farm woodland measures; compensation to sheep producers; animal health; agricultural education; advisory, research and development services; botanical and scientific services; assistance to production, marketing and processing; administration, land management and other agricultural services; core marine functions involving scientific research, compliance, policy and management of Scotland's seas, representing Scotland's interests in relation to common fisheries policy, international fisheries negotiation and acquaculture and freshwater policy, administration of all marine consents required for depositing substances at sea, coastal protection and offshore renewables, grants and other assistance to the Scottish fisheries sector; natural heritage; environment protection; rural affairs; support for crofting communities, including the crofting environment; other environmental expenditure; flood prevention; coastal protection; air quality monitoring; climate change activities, including the Land Managers' Renewables Fund; water grants, including funding for the Drinking Water Quality Regulator for Scotland; digital and broadband technology. 467,964,000 602,100,000 7. Through their Infrastructure, Investment and Cities portfolio, for use by the Scottish Ministers on: support for the running costs of Scottish Futures Trust Limited; support for passenger rail services, rail infrastructure and associated rail services; support for the development and delivery of concessionary travel schemes; funding for major public transport projects; the running costs of Transport Scotland; funding for the Strategic Transport Projects Programme; funding for travel information services; the maintenance and enhancement of the trunk road infrastructure; support for ferry services, loans and grants relating to vessel construction, grants for pier and other infrastructure and funding for road equivalent tariff fares ; support for Highlands and Islands Airports Limited; support for air services and funding for the Air Discount Scheme; support for the bus industry; support for the Forth Estuary Transport Authority and Tay Road Bridge Joint Board; support for the freight industry; support for Scottish Canals; funding to promote sustainable and active travel; contributing to the running costs of Regional Transport Partnerships and other bodies associated with the transport sector; funding for road safety; costs in relation to funding the office of the Scottish Road Works Commissioner; loans to Scottish Water and Scottish Water Business Stream Holdings Limited; water grants, including to the Water Industry Commission for Scotland; housing subsidies and guarantees; Energy Assistance Package; Home Insulation Schemes; repayment of debt and any associated costs; other expenditure, contributions and grants relating to housing; activities relating to homelessness; research and publicity and other portfolio services; grants to local authorities and registered social landlords; loans to individuals; community engagement; regeneration programmes; grants for Vacant and Derelict Land Fund loans to organisations ; telecommunications infrastructure; European Structural Fund grants to the Enterprise Networks, local authorities, further and higher education institutions, third sector bodies and other eligible bodies and organisations; costs of delivery and evaluation of European Structural Fund; expenditure on corporate and central services; expenditure in relation to the running costs of Her Majesty's Chief Inspector of Prosecution in Scotland , the Office of the Chief Economic Adviser and the Office of the Chief Statistician ; expenditure on Protocol; costs associated with referenda; expenditure on strategic communications with various audiences; funding of payments for welfare purposes; provision for devolved taxes specified in Part 4A of the Scotland Act 1998, including collection and management. 2,588,219,000 230,000,000 8. Through their Local Government portfolio, for use by the Scottish Ministers on: revenue support grants and payment to local authorities of non-domestic rates in Scotland; other local authority grants and special grants relating to council tax and spend-to-save scheme; housing support grant; other services, including payments under the Bellwin scheme covering floods, storms and other emergencies. 10,104,943,000 Nil 9. For use by the Scottish Ministers on: pensions, allowances, gratuities etc. payable in respect of the teachers' and national health service pension schemes. 2,667,578,000 1,700,000,000 10. For use by the Scottish Ministers on: operational and administrative costs; costs of providing services to the Scottish Parliament; costs associated with the functions of the Queen's Printer for Scotland. 216,411,000 18,100,000 11. Through the National Records of Scotland, for use by the Scottish Ministers, the Registrar General of Births, Deaths and Marriages for Scotland and the Keeper of the Records of Scotland on: operational and administrative costs (including costs associated with running the ScotlandsPeople Centre). 20,559,000 9,700,000 12. For use by the Lord Advocate, through the Crown Office and Procurator Fiscal Service (and the office of Queen's and Lord Treasurer's Remembrancer), on: operational and administrative costs; fees paid to temporary procurators fiscal; witness expenses; victim expenses where applicable; other costs associated with Crown prosecutions and cases brought under the Proceeds of Crime Act 2002; special payments made in relation to intestate estates which fall to the Crown as ultimate heir. 109,900,000 2,000,000 13. For use by the Scottish Court Service on: operational and administrative costs. 86,266,000 35,000,000 14. For use by the Office of the Scottish Charity Regulator on: operational and administrative costs. 3,050,000 Nil 15. For use by the Scottish Housing Regulator on: operational and administrative costs. 4,966,000 Nil Total of amounts of resources: 34,530,670,000 5,091,600,000 SCHEDULE 2 DIRECT-FUNDED BODIES (introduced by section 2) Purpose Amount of resources other than accruing resources Amount of accruing resources £ £ 1. For use by the Forestry Commissioners in or as regards Scotland on: the promotion of forestry in Scotland, including advising on the development and delivery of forestry policy, regulating the forestry sector and supporting it through grants ; managing the national forest estate in Scotland; administrative costs. 70,131,000 21,100,000 2. For use by the Food Standards Agency in or as regards Scotland on: operational and administrative costs, including research, monitoring and surveillance and public information and awareness relating to food safety and standards. 10,900,000 Nil 3. For use by the Scottish Parliamentary Corporate Body on: operational and administrative costs of the Scottish Parliament; payments in respect of the Commissioner for Ethical Standards in Public Life in Scotland , the Standards Commission for Scotland, the Scottish Public Services Ombudsman, the Scottish Information Commissioner, the Scottish Commission for Human Rights and the Commissioner for Children and Young People in Scotland; payments to the Electoral Commission for costs associated with the Scottish independence referendum in 2014 any other payments relating to the Scottish Parliament. 85,253,000 1,000,000 4. For use by Audit Scotland on: the exercise of its functions, including assistance and support to the Auditor General for Scotland and the Accounts Commission for Scotland; other audit work for public bodies; payment of pension to the former Auditor General for Scotland; payment of pensions to former Local Government Ombudsmen and their staff. 7,637,000 22,000,000 SCHEDULE 3 BORROWING BY STATUTORY BODIES (introduced by section 3) Enactment Amount £ 1. Section 25 of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise). 10,000,000 2. Section 26 of that Act (Highlands and Islands Enterprise). 1,000,000 3. Section 48 of the Environment Act 1995 (Scottish Environment Protection Agency). Nil 4. Section 42 of the Water Industry (Scotland) Act 2002 (Scottish Water). 93,800,000 5. Section 14 of the Water Services etc. (Scotland) Act 2005 (Scottish Water Business Stream Holdings Limited). Nil Words in Sch. 1 substituted (15.11.2013) by The Budget (Scotland) Act 2013 Amendment Order 2013 (S.S.I. 2013/328) , arts. 1(1) , 3(2)(a) Words in Sch. 1 substituted (15.11.2013) by The Budget (Scotland) Act 2013 Amendment Order 2013 (S.S.I. 2013/328) , arts. 1(1) , 3(2)(b)(i) Words in Sch. 1 inserted (15.11.2013) by The Budget (Scotland) Act 2013 Amendment Order 2013 (S.S.I. 2013/328) , arts. 1(1) , 3(2)(b)(ii) Words in Sch. 1 inserted (15.11.2013) by The Budget (Scotland) Act 2013 Amendment Order 2013 (S.S.I. 2013/328) , arts. 1(1) , 3(2)(b)(iii) Words in Sch. 1 inserted (15.11.2013) by The Budget (Scotland) Act 2013 Amendment Order 2013 (S.S.I. 2013/328) , arts. 1(1) , 3(2)(b)(iv) Words in Sch. 1 inserted (15.11.2013) by The Budget (Scotland) Act 2013 Amendment Order 2013 (S.S.I. 2013/328) , arts. 1(1) , 3(2)(b)(v) Word in Sch. 1 substituted (15.11.2013) by The Budget (Scotland) Act 2013 Amendment Order 2013 (S.S.I. 2013/328) , arts. 1(1) , 3(3)(i) Word in Sch. 1 substituted (15.11.2013) by The Budget (Scotland) Act 2013 Amendment Order 2013 (S.S.I. 2013/328) , arts. 1(1) , 3(4)(a) Word in s. 4(3)(d) substituted (15.11.2013) by The Budget (Scotland) Act 2013 Amendment Order 2013 (S.S.I. 2013/328) , arts. 1(1) , 2(c) Pt. 2 repealed (13.3.2014) by Budget (Scotland) Act 2014 (asp 6) , ss. 8 , 10 Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(a) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(b) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(c) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(d) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(e) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(f) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(g) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(h) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(i) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(j) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S,I. 2014/81) , arts. 1(1) , 3(2)(k) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(l) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(m) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(2)(n) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(3)(a) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(3)(b) Word in Sch. 1 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 3(3)(c) Word in Sch. 2 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 4(2)(a) Words in Sch. 2 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 4(2)(b)(i) Words in Sch. 2 inserted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 4(2)(b)(ii) Word in Sch. 2 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 4(3)(a) Word in Sch. 2 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 4(3)(b) Word in Sch. 2 substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 4(3)(c) Word in s. 4(2) substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 2(a) Word in s. 4(3)(a) substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 2(b) Word in s. 4(3)(c) substituted (21.3.2014) by The Budget (Scotland) Act 2013 Amendment Order 2014 (S.S.I. 2014/81) , arts. 1(1) , 2(c)
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[uk-legislation-asp][asp] 2024-05-04 Scottish Civil Justice Council and Criminal Legal Assistance Act 2013
http://www.legislation.gov.uk/asp/2013/3/2016-04-01
http://www.legislation.gov.uk/asp/2013/3/2016-04-01 Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 An Act of the Scottish Parliament to establish the Scottish Civil Justice Council; to make provision about contributions in respect of criminal legal assistance; and for connected purposes. text text/xml en Statute Law Database 2016-08-23 Expert Participation 2016-04-01 Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 20 The Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (Commencement No. 2) Order 2013 art. 2 Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 specified provisions The Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (Commencement No. 2) Amendment Order 2013 art. 2 Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 13 heading Tribunals (Scotland) Act 2014 sch. 9 para. 13(8) sch. 9 para. 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 2(1)(ba) Tribunals (Scotland) Act 2014 sch. 9 para. 13(2)(a) sch. 9 para. 4 6 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 2(1)(c)(ii) Tribunals (Scotland) Act 2014 sch. 9 para. 13(2)(b)(ii) sch. 9 para. 4 6 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 2(3)(ca) Tribunals (Scotland) Act 2014 sch. 9 para. 13(3) sch. 9 para. 4 6 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 2(7) Tribunals (Scotland) Act 2014 sch. 9 para. 13(4) sch. 9 para. 4 6 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 4(1) Tribunals (Scotland) Act 2014 sch. 9 para. 13(5)(a) sch. 9 para. 4 6 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 4(2) Tribunals (Scotland) Act 2014 sch. 9 para. 13(5)(b) sch. 9 para. 4 6 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 6(1) Tribunals (Scotland) Act 2014 sch. 9 para. 13(6)(a) sch. 9 para. 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 6(1)(aa) Tribunals (Scotland) Act 2014 sch. 9 para. 13(6)(b) sch. 9 para. 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 6(1)(ea) Tribunals (Scotland) Act 2014 sch. 9 para. 13(6)(c) sch. 9 para. 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 8(1) Tribunals (Scotland) Act 2014 sch. 9 para. 13(7)(a) sch. 9 para. 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 8(3A) Tribunals (Scotland) Act 2014 sch. 9 para. 13(7)(b) sch. 9 para. 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 13A and cross-heading Tribunals (Scotland) Act 2014 sch. 9 para. 13(9) sch. 9 para. 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 16(1) Tribunals (Scotland) Act 2014 sch. 9 para. 13(10)(a) sch. 9 para. 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 16(1) Tribunals (Scotland) Act 2014 sch. 9 para. 13(10)(b) sch. 9 para. 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 s. 16(2) Tribunals (Scotland) Act 2014 sch. 9 para. 13(10)(c) sch. 9 para. 8 s. 83(2) Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 2013 asp 3 An Act of the Scottish Parliament to establish the Scottish Civil Justice Council; to make provision about contributions in respect of criminal legal assistance; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 29th January 2013 and received Royal Assent on 5th March 2013 PART 1 Scottish Civil Justice Council Establishment Establishment of the Scottish Civil Justice Council 1 There is to be a body to be known as the Scottish Civil Justice Council (“ the Council ”). Functions and powers Functions of the Council 2 1 The functions of the Council are— a to keep the civil justice system under review, b to review the practice and procedure followed in proceedings in the Court of Session and in civil proceedings in the Sheriff Appeal Court or the sheriff court, bb to review the practice and procedure followed in inquiry proceedings under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, c to prepare and submit to the Court of Session— i draft civil procedure rules, ia draft fees rules, ib draft inquiry procedure rules, d to provide advice and make recommendations to the Lord President on the development of, and changes to, the civil justice system, and e to provide such advice on any matter relating to the civil justice system as may be requested by the Lord President. 2 In carrying out its functions under this Act, the Council must have regard to— a the principles in subsection (3), and b any guidance issued by the Lord President. 3 The principles are— a the civil justice system should be fair, accessible and efficient, b rules relating to practice and procedure should be as clear and easy to understand as possible, c practice and procedure should, where appropriate, be similar in all civil courts, and d methods of resolving disputes which do not involve the courts should, where appropriate, be promoted. 4 For the purposes of this Part, “draft civil procedure rules” are draft rules which relate to a matter in subsection (5). 5 Those matters are— a any matter relating to a court within the remit of the Council which the Court of Session may regulate by act of sederunt, b any matter relating to a court within the remit of the Council in anticipation of the Court of Session being given power to regulate the matter by act of sederunt, or c any matter relating to a proposed court in anticipation of— i the court being established and added to the remit of the Council, and ii the Court of Session being given power to regulate the matter by act of sederunt. 6 The courts within the remit of the Council are— a the Court of Session, ... aa the Sheriff Appeal Court, and b the sheriff court. 6A For the purposes of this Part, “ draft fees rules ” means drafts of such provision as the Court of Session may make by act of sederunt under section 105(1) or 106(1) of the Courts Reform (Scotland) Act 2014 (powers to regulate court fees). 6B For the purposes of this Part, “draft inquiry procedure rules” are draft rules prepared with a view to the making by the Court of Session of an act of sederunt under section 36(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. Powers of the Council 3 1 The Council may take such action as it considers necessary or desirable in pursuance of its functions. 2 In particular, the Council may— a have regard to proposals for legislative reform which may affect the civil justice system, b have regard to the criminal justice system and its effects on the civil justice system, c consult such persons as it considers appropriate, d co-operate with, and seek the assistance and advice of, such persons as it considers appropriate, e make proposals for research into the civil justice system, f provide advice and make recommendations to the Scottish Ministers on the development of, and changes to, the civil justice system, and g publish any recommendation it makes. Court of Session to consider rules 4 1 The Court of Session must consider any draft civil procedure rules , draft fees rules or draft inquiry procedure rules submitted to it by the Council and may— a approve the rules, b approve the rules with such modifications as it considers appropriate, or c reject the rules. 2 Where the Court of Session approves draft civil procedure rules , draft fees rules or draft inquiry procedure rules (with or without modification) it must embody the approved rules in an act of sederunt. 3 Nothing in this Part affects the powers of the Court of Session to prepare or make rules— a which relate to a matter in section 2(5). b under section 105(1) or 106(1) of the Courts Reform (Scotland) Act 2014. c under section 36(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. Annual programme and report 5 1 The Council must prepare an annual plan setting out its objectives and priorities for each yearly period beginning on 1 April before the start of that period (“ the programme ”). 2 The Council must prepare an annual report on its activities as soon as reasonably practicable after the end of each yearly period ending on 31 March (“ the report ”). 3 The report must include a summary of the recommendations made (if any) by the Council during the period covered by the report. 4 The Council must lay a copy of the programme and the report before the Scottish Parliament. 5 In complying with the duty in subsection (4), the Council may combine the programme for the coming year with the report for the ending year. Membership Composition of the Council 6 1 The Council is to have not more than 20 members and is to be comprised of— a the Lord President, b the Chief Executive of the Scottish Court Service, c the principal officer of the Scottish Legal Aid Board, d 1 member appointed by the Scottish Ministers under subsection (2), e at least 4 judges (“judicial members”), including a minimum of— i 1 judge of the Court of Session, and ii 1 sheriff principal or sheriff, f at least 2 practising advocates (“advocate members”), g at least 2 practising solicitors (“solicitor members”), h at least 2 persons (“consumer representative members”) who, between them, appear to the Lord President to have— i experience and knowledge of consumer affairs, ii knowledge of the non-commercial legal advice sector, and iii an awareness of the interests of litigants in the civil courts, and i up to 6 other persons considered by the Lord President to be suitable to be members of the Council (“LP members”). 2 The Scottish Ministers must appoint as a member a person who is a member of staff of the Scottish Government and whom they consider to be suitable to be a member of the Council. 3 The Scottish Ministers may by order amend subsection (1) by substituting for the number of members (or the minimum number in a category of membership) for the time being specified there such other number as they think fit. 4 Before making an order under subsection (3) the Scottish Ministers must consult the Lord President. 5 The power to make an order under subsection (3) includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate. 6 But such power does not include power to modify the description of a category of membership described in subsection (1) or to add a category of membership. 7 Orders under subsection (3) are subject to the affirmative procedure. Lord President appointment process 7 1 The Lord President must appoint persons to be members of the Council in respect of the categories of membership described in section 6(1)(e) to (i) and ensure that the number of members in each such category of membership is maintained at the required level. 2 The Lord President must prepare and publish a statement of appointment practice setting out the process which the Lord President will follow for appointing— a advocate members, b solicitor members, c consumer representative members, and d LP members. 3 In preparing the statement of appointment practice the Lord President must have regard to the principles in subsection (4). 4 The principles are— a appointments to the Council should be made fairly and openly, and b so far as reasonably practicable, all eligible persons should be afforded an opportunity to be considered for appointment. 5 The statement of appointment practice must include a requirement for the Lord President to consult— a the Faculty of Advocates before appointing an advocate member, b the Council of the Law Society of Scotland before appointing a solicitor member, c the Scottish Ministers before appointing— i a consumer representative member, or ii a LP member. Tenure 8 1 The Lord President, the Chief Executive of the Scottish Court Service and the principal officer of the Scottish Legal Aid Board are members of the Council by virtue of holding their respective offices. 2 A member appointed by the Scottish Ministers holds office until such time as the Scottish Ministers appoint a replacement member. 3 A judicial member holds office for a period of 3 years unless, prior to the expiry of that period, the Lord President replaces the member with another judicial member or requires the member to leave office. 4 Any other member holds office for a period of 3 years. 5 A member appointed under section 7(1) ceases to hold office— a at the end of a period of appointment, b upon giving written notice of resignation to the Lord President, c on becoming disqualified from holding office as a member or on being removed from such office (see section 9), d on ceasing to fall within the category of membership in respect of which the member was appointed. 6 For the purposes of subsection (5)(d), a LP member ceases to fall within that category of membership where, in the opinion of the Lord President, the basis of the LP member's appointment has materially changed. 7 A person who is or has been a member of the Council may be reappointed (whether in respect of the same or a different category of membership) for further periods. Disqualification and removal from office 9 1 A person is disqualified from appointment under section 7(1) as a member of the Council, and from holding office as such a member, if the person is or becomes— a a member of the Scottish Parliament, b a member of the House of Commons, c a member of the European Parliament, d a councillor of any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, e a member of the Scottish Government, or f a Minister of the Crown. 2 The Lord President may, by notice in writing, remove any member appointed under section 7(1) if satisfied that the member— a is unfit to be a member by reason of inability, neglect of duty or misbehaviour, or b is otherwise unsuitable to continue as a member. 3 The Lord President must consult the Scottish Ministers before removing— a a consumer representative member, or b a LP member. Expenses and remuneration 10 1 The Scottish Court Service may pay such expenses as it thinks fit to— a a member of the Council, and b a person appointed under section 13(2) as a member of a committee of the Council. 2 The Scottish Court Service may pay such remuneration as it thinks fit to— a an advocate member, b a solicitor member, c a consumer representative member, d a LP member, and e a person (other than one mentioned in subsection (3)) appointed under section 13(2) as a member of a committee of the Council. 3 Remuneration is not to be paid under subsection (2) to a person who is— a a member of staff of the Scottish Legal Aid Board, or b a member of staff of the Scottish Administration. Operation Chairing of the Council 11 1 It is for the Lord President to determine who is to be chair of the Council. 2 The only persons who may be chair are— a the Lord President (but see also section 12(5)), or b a judicial member holding the office of judge of the Court of Session. 3 A person ceases to be chair when— a if applicable, the judicial member ceases to be a member of the Council, or b the Lord President determines that someone else is to be chair under subsection (1). 4 Members of the Council must elect a member to act as deputy to the chair. Proceedings 12 1 The Lord President may determine the number of members required to constitute a quorum for meetings of the Council. 2 The Lord President may determine different numbers of members to constitute a quorum for different purposes. 3 The Council may otherwise determine— a its own procedure, and b the procedure of any committees established by it. 4 The validity of any proceedings or actings of the Council is not affected by— a any vacancy in the membership of the Council (even if that vacancy creates a deficiency in one of the categories of membership), b any defect in the appointment of a member of the Council, c disqualification of any individual from holding office as a member of the Council. 5 The Lord President may nominate the Lord Justice Clerk to attend and participate in meetings of the Council on behalf of the Lord President (which participation includes, where the Lord President is acting as chair under section 11(1), chairing the meeting). 6 The Chief Executive of the Scottish Court Service may nominate a member of staff of the Scottish Court Service to attend and participate in meetings of the Council on behalf of the Chief Executive. 7 The principal officer of the Scottish Legal Aid Board may nominate a member of staff of the Scottish Legal Aid Board to attend and participate in meetings of the Council on behalf of the principal officer. 8 The Scottish Ministers may nominate another member of staff of the Scottish Government who they consider would be suitable to be a member of the Council to attend and participate on behalf of the member appointed by them under section 6(2). Committees 13 1 The Council may establish committees. 2 A person who is not a member of the Council may be appointed to be a member of any committee established by it. General Dissolution of existing rules councils 14 1 The Court of Session Rules Council established under section 18 of the Administration of Justice (Scotland) Act 1933 (c. 41) (and continued under section 8 of the Court of Session Act 1988 (c. 36)) is dissolved. 2 Section 8 of the Court of Session Act 1988 is repealed. 3 The Sheriff Court Rules Council is dissolved. 4 Sections 33 and 34 of the Sheriff Courts (Scotland) Act 1971 (c. 58) are repealed. Modification of enactments 15 1 In section 38(3) of the Legal Aid (Scotland) Act 1986 (c. 47) (rules of court), after “consult” insert “ the Scottish Civil Justice Council, ” . 2 In section 32(3) of the Sheriff Courts (Scotland) Act 1971 (c. 58) (power of Court of Session to regulate civil procedure in sheriff court), for “Sheriff Court Rules Council under section 34 of this Act” substitute “ Scottish Civil Justice Council ” . 3 In section 62 of the Judiciary and Courts (Scotland) Act 2008 (asp 6) (administrative support for other persons), in subsection (1)— a after paragraph (d) insert— ea the Scottish Civil Justice Council, , and b paragraphs (e) and (g) are repealed. Interpretation of Part 1 16 In this Part— “ advocate ” means a member of the Faculty of Advocates, “ draft civil procedure rules ” has the meaning given in section 2(4), draft fees rules” has the meaning given in section 2(6A) , “ draft inquiry procedure rules ” has the meaning given in section 2(6B), “ solicitor ” means a person qualified to practise as solicitor under section 4 of the Solicitors (Scotland) Act 1980 (c. 46), “ the Chief Executive of the Scottish Court Service ” means the chief executive appointed under paragraph 14(1) of schedule 3 to the Judiciary and Courts (Scotland) Act 2008 (asp 6), “ the Lord Justice Clerk ” means the Lord Justice Clerk of the Court of Session, “ the Lord President ” means the Lord President of the Court of Session, “ the principal officer of the Scottish Legal Aid Board ” means the principal officer appointed under paragraph 7(1) of Schedule 1 to the Legal Aid (Scotland) Act 1986 (c. 47). PART 2 Criminal legal assistance Contributions in respect of automatically available criminal advice and assistance Contributions in respect of automatically available criminal advice and assistance 17 In the Legal Aid (Scotland) Act 1986 (c. 47) (“ the 1986 Act ”), in section 8A (criminal advice and assistance: automatic availability in certain circumstances)— a after subsection (1) insert— 1A Regulations under subsection (1) may also provide that, in such circumstances as may be prescribed in the regulations, section 11(2) is not to apply in respect of advice and assistance made available to a relevant client. , b in subsection (2), for “subsection (1)” insert “ subsections (1) and (1A) ” . Assistance by way of representation in relation to criminal matters Availability of criminal assistance by way of representation 18 1 In section 9(2) of the 1986 Act (regulations may apply Part 2 to representation), after paragraph (dd), insert— dda provide that, in relation to assistance by way of representation which relates to such criminal proceedings as may be prescribed, sections 9A and 11A are to apply instead of sections 8 and 11; . 2 After section 9 of the 1986 Act insert— Availability of specified criminal assistance by way of representation 9A 1 Assistance by way of representation to which this section applies by virtue of regulations made under section 9(1) is to be available to a client where— a the solicitor— i has considered the financial circumstances of the client, and ii is satisfied as to the criteria mentioned in subsection (2), or b the Board has approved the provision of the assistance. 2 The criteria are— a the scheme of eligibility provides that the fees and outlays of the assistance cannot be met without undue hardship to the client or the dependants of the client, and b any further criterion prescribed in pursuance of section 9(2)(c). 3 The Board must establish a procedure for a client to apply to the Board for approval under subsection (1)(b) in circumstances where assistance by way of representation has not been made available under subsection (1)(a). 4 For the purposes of this section, “ scheme of eligibility ” means a scheme approved under section 9B(3). 5 This section is subject to any provision made in regulations under section 8A(1). Scheme of eligibility 9B 1 The Board must, for the purposes of section 9A, prepare and publish a scheme of eligibility setting out financial circumstances in which the Board considers that paying the fees and outlays in respect of assistance by way of representation will result in undue hardship for a client or the dependants of a client. 2 Before publishing a scheme of eligibility the Board must submit the scheme to the Scottish Ministers for approval. 3 The Scottish Ministers may approve a scheme of eligibility submitted to them under subsection (2) with or without modification. 4 The Scottish Ministers may at any time— a approve a modification of an approved scheme of eligibility proposed by the Board or withdraw approval of such a scheme or modification, b require the Board to prepare and publish a scheme under subsection (1). 5 In preparing and publishing the scheme of eligibility under subsection (1) the Board must comply with any direction given by the Scottish Ministers. 6 A scheme of eligibility may make different provision for different cases or classes of case. . Clients' contributions for criminal assistance by way of representation 19 1 In section 11(1) of the 1986 Act (clients' contributions), after “below” insert “ or, where applicable, section 11A ” . 2 The title of section 11 becomes “ Clients' contributions: general ” . 3 After section 11 insert— Clients' contributions: specified criminal assistance by way of representation 11A 1 This section applies where— a assistance by way of representation has been made available to a client under section 9A(1) (“the assistance”), and b the client— i has disposable income of, or exceeding, £82 per week and is not (directly or indirectly) in receipt of any of the benefits mentioned in section 11(2)(b), or ii has disposable capital of, or exceeding, £750. 2 The client is liable to pay a contribution in respect of the assistance provided of up to, but not in aggregate exceeding, such amount as may be prescribed by regulations made under section 33ZA(1). 3 Except where regulations made under section 33ZA(1) otherwise provide— a in a case where the assistance is being provided— i by a solicitor employed by the Board by virtue of sections 26 and 27 or, as the case may be, section 28A, or ii by counsel instructed by such a solicitor, it is for the Board to determine the amount of and collect any contribution payable by the client under subsection (2), and b in any other case, it is for the solicitor to determine the amount of and collect any contribution payable by the client under subsection (2). 4 A contribution collected by the solicitor is to be treated as payment of a fee or outlay properly chargeable (in accordance with section 33). . Contributions for criminal legal aid Contributions for criminal legal aid 20 After section 25AB of the 1986 Act insert— Legal aid: contributions 25AC 1 A person (A) is not to be required to pay any sums in respect of criminal legal aid received in pursuance of this Part except in accordance with subsection (3) or section 25AA(5). 2 Subsection (3) applies where— a the legal aid is not being provided in any of the circumstances described in section 22(1) or under section 23(1), and b A— i has disposable income of, or exceeding, £82 a week and is not (directly or indirectly) in receipt of any of the benefits mentioned in section 11(2)(b), or ii has disposable capital of, or exceeding, £750. 3 A is liable to pay a contribution in respect of the criminal legal aid provided of up to, but not in aggregate exceeding, such amount as may be prescribed by regulations made under section 33ZA(1). 4 Except where regulations made under section 33ZA(1) otherwise provide— a in a case where the criminal legal aid is being provided— i in relation to solemn proceedings, proceedings relating to an appeal or proceedings relating to the Supreme Court, ii by a solicitor employed by the Board by virtue of sections 26 and 27 or, as the case may be, section 28A, or iii by counsel instructed by such a solicitor, it is for the Board to collect any contribution payable by A under subsection (3), and b in any other case, it is for the solicitor to collect any contribution payable by A under subsection (3). 5 A contribution collected by the solicitor is to be treated as payment of a fee or outlay properly chargeable (in accordance with section 33). 6 For the purposes of subsections (4)(b) and (5), “ the solicitor ” means the solicitor by whom any criminal legal aid is being provided or, where it is provided by counsel, the solicitor on whose instruction counsel provides it. Payment of fees or outlays otherwise than through contributions 25AD 1 Except in so far as regulations made by the Scottish Ministers under this section or section 33ZA(1) otherwise provide, any fees and outlays payable to the solicitor in respect of criminal legal aid are to be paid as follows— a first , out of any contribution payable by the person receiving the criminal legal aid in accordance with section 25AC(3), b second , in priority to all other debts, out of any expenses which by virtue of an order of a criminal court are payable to that person by any other person in respect of the matter in connection with which the criminal legal aid was given, and c third , by the Board out of the Fund, following receipt by it of a claim submitted by the solicitor. 2 In subsection (1)— a the reference to fees and outlays is a reference to any fees and outlays properly chargeable (in accordance with section 33) in respect of criminal legal aid given to a person under this Part (but does not include the salary payable to a solicitor employed by the Board under sections 26 and 27 or section 28A), b the reference to a contribution payable by the person receiving criminal legal aid does not include a contribution which it is for the Board to collect (whether under section 25AC(4)(a) or any regulations made under section 33ZA(1)). 3 For the purposes of this section, “ the solicitor ” means the solicitor by whom any criminal legal aid is being provided or, where it is provided by counsel, the solicitor on whose instruction counsel provides it. . Contributions for appeals where appellant deceased Contributions for appeals where appellant deceased 21 In section 25AA of the 1986 Act (legal aid in respect of appeals under section 303A of the Criminal Procedure (Scotland) Act 1995), after subsection (4) insert— 5 Where legal aid is being made available to an authorised person under this section (in either of the circumstances described in subsection (2) or (3)), the Board may require the payment of a contribution in respect of the expenses of the criminal legal aid of such amount as the Board may determine. 6 The Board may require the contribution to be paid from the estate of the deceased person or by the authorised person. 7 The amount determined by the Board under subsection (5) must not exceed the whole expenses of the criminal legal aid provided. 8 The Board must take into account any contribution made by the deceased person prior to death in assessing the amount of contribution payable. 9 It is for the Board to collect any contribution payable under subsection (5). . General Regulations about contributions for criminal legal assistance 22 After section 33 of the 1986 Act insert— Regulations about contributions for criminal legal assistance 33ZA 1 The Scottish Ministers may by regulations make provision in connection with the amount, determination and collection of any contribution payable under section 11 (in so far as relating to criminal matters) or section 11A, 25AA or 25AC. 2 Regulations made under subsection (1) may, in particular— a make provision permitting a lower contribution to be payable where otherwise the person liable to pay the contribution, or the dependants of such person, would suffer undue hardship, b make provision for determining appropriate contributions where the person is in receipt of criminal legal assistance in respect of two or more distinct proceedings, c except in relation to section 25AA, specify whether it is for the Board or the solicitor providing the assistance to determine the amount of, or collect, a contribution, d specify how a person's contributions are to be transferred or accounted for in relation to proceedings which are— i instituted by way of summary complaint but which are subsequently dealt with under solemn procedure, or ii instituted by way of indictment but which are subsequently dealt under summary procedure, e make provision about the payment of contributions by instalments, f make provision requiring the Board to make arrangements to provide to solicitors a service of collecting contributions payable to solicitors on their behalf. 3 Regulations made under subsection (1) containing provision made in pursuance of subsection (2)(f) may include provision about the operation of the service, including provision— a regulating the arrangements for remitting to a solicitor the amount of a contribution (or an instalment of a contribution) following its collection, b enabling or requiring, or, where enabled or required, regulating, the imposition by the Board of charges for the recovery of any reasonable costs the Board incurs in connection with the provision of the service to a solicitor. 4 Regulations made under subsection (1) may provide for different provision in relation to different cases or classes of case. 5 In this section “ the solicitor ” means the solicitor by whom any criminal legal aid is being provided or, where it is provided by counsel, the solicitor on whose instruction counsel provides it. . Consequential modifications 23 1 The 1986 Act is amended as follows. 2 In section 4(3)(aa) (Scottish Legal Aid Fund), after “11” insert “ , 11A, 25AA or 25AC ” . 3 In section 8 (availability of advice & assistance), after “8A(1)” insert “ or 9(1) ” . 4 In section 8A(1) (criminal advice and assistance: automatic availability in certain circumstances)— a the words “the financial limits in section 8” become paragraph (a), b after that paragraph insert ; or— b the criteria mentioned in section 9A(2) . 5 In section 9(2) (regulations may apply Part 2 to representation), in paragraph (de), after “11(2)” insert or “ 11A ” . 6 In section 11 (clients' contributions)— a in subsection (1)— i after “(2)” insert “ or ” , ii the words “or (3)” are repealed, b in subsection (2A)— i for the words from “criminal” where it first occurs to “assistance” where it third occurs substitute “ advice and assistance (other than assistance by way of representation to which section 9A applies) ” , ii after “27” insert “ or section 28A ” , c in subsection (3A), after “27” insert “ or section 28A ” , and d subsections (3) and (4) are repealed. 7 In section 12 (payment of fees and outlays otherwise than through clients' contributions)— a in subsection (3)(a), after “11(2)” insert “ or, as the case may be, section 11A(2) ” , and b after subsection (3), insert— 4 In subsection (3), the reference to an amount payable by the client does not include an amount which it is for the Board to collect (whether under section 11A(3) or any regulations made under section 33ZA(1)). . 8 In section 33A (contracts for the provision of criminal legal assistance)— a in subsection (5)(a), after “11(2)” insert “ , 11A(2) or 25AC(3) ” , and b after subsection (5), insert— 5A In subsection (5), the reference to an amount payable by the client does not include an amount which it is for the Board to collect (whether under section 11A(3), section 25AC(4)(a), or any regulations made under section 33ZA(1)). . 9 In section 36(2) (regulations)— a in paragraph (b)— i after “11(2),” insert “ 11A(1), ” , ii for “and 17(2)” substitute “ , 17(2) and 25AC(2) ” , iii for “amount specified in section 10(2)” substitute “ amounts specified in sections 10(2), 11A(1) and 25AC(2) and, in so far as relating to criminal matters, sections 8 and 11(2) ” . 10 In section 37(2) (parliamentary procedure) after “24(4)” insert “ , 33ZA(1) ” . PART 3 General Ancillary provision 24 1 The Scottish Ministers may by order make such supplementary, incidental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of or in connection with this Act. 2 The power of Scottish Ministers to make an order under subsection (1) includes power to make different provision for different purposes. 3 An order under subsection (1) may modify this or any other enactment. 4 Subject to subsection (5), an order under subsection (1) is subject to the negative procedure. 5 An order under subsection (1) which adds to, replaces or omits any part of the text of an Act (including this Act) is subject to the affirmative procedure. Commencement 25 1 This Part comes into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint. 3 An order under this section may include transitional, transitory or saving provision. Short title 26 The short title of this Act is the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013. S. 1 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 2 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 3 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 4 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 5 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 6 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 7 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 8 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 9 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 10 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 11 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 12 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 13 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 14 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 15 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 16 in force at 28.5.2013 by S.S.I. 2013/124 , art. 2 (with art. 3 ) S. 17 in force at 11.10.2013 by S.S.I. 2013/262 , art. 2 S. 18(1) in force at 11.10.2013 by S.S.I. 2013/262 , art. 2 S. 19 in force at 11.10.2013 by S.S.I. 2013/262 , art. 2 S. 22 in force at 11.10.2013 by S.S.I. 2013/262 , art. 2 S. 23 in force at 11.10.2013 by S.S.I. 2013/262 , art. 2 Pt. 1: power to apply conferred (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10) , ss. 65(2) , 66(2) , 83(2) (with Sch. 9 para. 8 ); S.S.I. 2015/116 , art. 2 S. 2(6A) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18) , s. 138(2) , Sch. 5 para. 31(2)(b) ; S.S.I. 2015/77 , art. 2(2) (3) , Sch. S. 2(6)(aa) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18) , s. 138(2) , Sch. 5 para. 18(b)(ii) ; S.S.I. 2015/77 , art. 2(2) (3) , Sch. Word in s. 2(6) repealed (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18) , s. 138(2) , Sch. 5 para. 18(b)(i) ; S.S.I. 2015/77 , art. 2(2) (3) , Sch. Words in s. 2(1)(b) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18) , s. 138(2) , Sch. 5 para. 18(a) ; S.S.I. 2015/77 , art. 2(2) (3) , Sch. S. 2(1)(c)(ia) inserted after s. 2(1)(c)(i) (1.4.2015) by virtue of Courts Reform (Scotland) Act 2014 (asp 18) , s. 138(2) , Sch. 5 para. 31(2)(a) ; S.S.I. 2015/77 , art. 2(2) (3) , Sch. Words in s. 4(1) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18) , s. 138(2) , Sch. 5 para. 31(3)(a) ; S.S.I. 2015/77 , art. 2(2) (3) , Sch. Words in s. 4(2) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18) , s. 138(2) , Sch. 5 para. 31(3)(b) ; S.S.I. 2015/77 , art. 2(2) (3) , Sch. Words in s. 4(3) renumbered as s. 4(3)(a) (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18) , s. 138(2) , Sch. 5 para. 31(3)(c)(i) ; S.S.I. 2015/77 , art. 2(2) (3) , Sch. S. 4(3)(b) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18) , s. 138(2) , Sch. 5 para. 31(3)(c)(ii) ; S.S.I. 2015/77 , art. 2(2) (3) , Sch. Words in s. 2(1)(c)(i) in s. 2(1)(c) renumbered as s. 2(1)(c)(i) (8.1.2016) by Tribunals (Scotland) Act 2014 (asp 10) , s. 83(2) , Sch. 9 para. 13(2)(b)(i) (with Sch. 9 paras. 4 , 6 , 8 ); S.S.I. 2015/422 , art. 2 Words in s. 16 inserted (15.1.2016) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2) , s. 42(1) , Sch. 1 para. 1(5) S. 2(6B) inserted (15.1.2016) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2) , s. 42(1) , Sch. 1 para. 1(3) S. 2(1)(bb) inserted (15.1.2016) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2) , s. 42(1) , Sch. 1 para. 1(2)(a) S. 2(1)(c) (ib) inserted (15.1.2016) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2) , s. 42(1) , Sch. 1 para. 1(2)(b) Words in s. 4(1) inserted (15.1.2016) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2) , s. 42(1) , Sch. 1 para. 1(4)(a) Words in s. 4(2) inserted (15.1.2016) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2) , s. 42(1) , Sch. 1 para. 1(4)(b) S. 4(3)(c) inserted (15.1.2016) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2) , s. 42(1) , Sch. 1 para. 1(4)(c) Words in s. 16 inserted (1.4.2016) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.S.I. 2016/142) , arts. 1 , 3
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[uk-legislation-asp][asp] 2024-05-04 Freedom of Information (Amendment) (Scotland) Act 2013
http://www.legislation.gov.uk/asp/2013/2/2013-05-31
http://www.legislation.gov.uk/asp/2013/2/2013-05-31 Freedom of Information (Amendment) (Scotland) Act 2013 An Act of the Scottish Parliament to amend provisions of the Freedom of Information (Scotland) Act 2002 relating to the designation of authorities, the effect of various exemptions and the time limit for certain proceedings. text text/xml en Statute Law Database 2015-03-17 Expert Participation 2013-05-31 Freedom of Information (Amendment) (Scotland) Act 2013 2013 asp 2 An Act of the Scottish Parliament to amend provisions of the Freedom of Information (Scotland) Act 2002 relating to the designation of authorities, the effect of various exemptions and the time limit for certain proceedings. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 16th January 2013 and received Royal Assent on 19th February 2013 Amendments Designation of authorities 1 1 In section 5 (further power to designate Scottish public authorities) of the FOI Act, for subsection (5) there is substituted— 5 Before making an order under subsection (1), the Scottish Ministers must— a consult— i every person to whom the order relates, or ii persons appearing to them to represent such persons, and b also consult such other persons as they consider appropriate. . 2 After section 7 of the FOI Act there is inserted— Reports on section 5 power 7A 1 In accordance with this section, the Scottish Ministers must lay before the Parliament reports about the exercise of the section 5 power. 2 The first report is to be laid on or before 31 October 2015. 3 Each subsequent report is to be laid no later than 2 years after the date on which the previous report is laid. 4 A report must— a state whether the section 5 power has been exercised during the reporting period, and b as the case may be— i explain how the power has been exercised during the reporting period (and why), or ii give the reason for leaving the power unexercised during the reporting period. 5 A report may— a summarise any response to a consultation carried out during the reporting period as regards the exercise of the section 5 power, b indicate any intention to exercise the power in the future, c include such additional information as the Scottish Ministers consider appropriate. 6 In this section— “ reporting period ” means— in the case of the first report, period of time from the date on which section 1 of the Freedom of Information (Amendment) (Scotland) Act 2013 comes into force until the date on which the first report is laid, in the case of a subsequent report, period of time from the date on which the previous report is laid until the date on which the subsequent report is laid, “ section 5 power ” means order-making power conferred by section 5(1). . Refusal notices 2 In section 18 (further provision as respects responses to request) of the FOI Act, in subsection (1), after the words “sections 28 to 35,” there is inserted “ 38, ” . Accessible information 3 In section 25 (information otherwise accessible) of the FOI Act, for subsection (3) there is substituted— 3 For the purposes of subsection (1), information is to be taken to be reasonably obtainable if— a it is available— i on request from the Scottish public authority which holds it, and ii in accordance with the authority's publication scheme, and b any associated payment required by the authority is specified in or determined under the scheme. . Historical periods 4 1 In section 59 (power to vary periods mentioned in sections 57 and 58) of the FOI Act— a in subsection (1), the words “subsection (1) of section 57 or” are repealed, b after subsection (1) there is inserted— 1A The Scottish Ministers may by order— a make provision modifying any enactment in accordance with which a record becomes a “ historical record ” for the purposes of this Part, and b do so by amending this Part or otherwise. 1B Provision by virtue of subsection (1A) may (in particular) state that a record becomes such a “ historical record ” a in relation to the exemption under section 41(a), at the end of— i a specified period (not exceeding 30 years) beginning with the date on which the record is created or a particular date in the calendar year following that date, or ii a specified period (not exceeding 30 years) beginning with the occurrence of an event apart from the creation of the record, b in relation to any other exemption under Part 2, at the end of a specified period (not exceeding 30 years) beginning with the date on which the record is created or a particular date in the calendar year following that date. 1C An order under subsection (1) or (1A) may make different provision for— a records of different descriptions, b exemptions of different kinds, c different purposes in other respects. , c in subsection (2)— i after the words “subsection (1)” there is inserted “ or (1A) ” , ii for the words “transitional provisions and savings” there is substituted “ supplemental, incidental, consequential, transitional, transitory or saving provision ” . 2 In section 72 (orders and regulations) of the FOI Act, after the words “59(1)” in subsection (2)(b) there is inserted “ or (1A) ” . Time limit for proceedings 5 After section 65 of the FOI Act there is inserted— Time limit for proceedings 65A 1 Proceedings for an offence under section 65(1) may be commenced within the period of 6 months beginning with the date on which evidence that the prosecutor believes is sufficient to justify the proceedings came to the prosecutor's knowledge. 2 No such proceedings may be commenced more than 3 years— a after the commission of the offence, or b in the case of a continuous contravention, after the last date on which the offence was committed. 3 In the case of a continuous contravention, the complaint may specify the entire period during which the offence was committed. 4 A certificate signed by or on behalf of the prosecutor stating the date on which the evidence referred to in subsection (1) came to the prosecutor's knowledge is conclusive as to that fact (and such a certificate purporting to be so signed is to be regarded as being so signed unless the contrary is proved). 5 Section 136(3) of the Criminal Procedure (Scotland) Act 1995 applies for the purposes of this section as it does for those of that section. . General Definition 6 In this Act, “ the FOI Act ” means the Freedom of Information (Scotland) Act 2002. Commencement 7 1 Section 6, this section and section 8 come into force on the day after Royal Assent. 2 The other 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. Short title 8 The short title of this Act is the Freedom of Information (Amendment) (Scotland) Act 2013. S. 1 in force at 31.5.2013 by S.S.I. 2013/136 , art. 2 S. 2 in force at 31.5.2013 by S.S.I. 2013/136 , art. 2 S. 3 in force at 31.5.2013 by S.S.I. 2013/136 , art. 2 S. 4 in force at 31.5.2013 by S.S.I. 2013/136 , art. 2 S. 5 in force at 31.5.2013 by S.S.I. 2013/136 , art. 2 (with art. 3 )
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[uk-legislation-asp][asp] 2024-05-04 Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012
http://www.legislation.gov.uk/asp/2012/11/2013-04-01
http://www.legislation.gov.uk/asp/2012/11/2013-04-01 Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012 An Act of the Scottish Parliament to amend the law regarding non-domestic rates and council tax in respect of unoccupied properties; and to repeal certain provisions that allow grants to be made to local authorities to meet housing needs in their areas. text text/xml en Statute Law Database 2013-01-16 2013-04-01 Local Government Finance (Unoccupied Properties etc. ) (Scotland) Act 2012 2012 asp 11 An Act of the Scottish Parliament to amend the law regarding non-domestic rates and council tax in respect of unoccupied properties; and to repeal certain provisions that allow grants to be made to local authorities to meet housing needs in their areas. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 31st October 2012 and received Royal Assent on 5th December 2012 Unoccupied properties Rating of unoccupied lands and heritages 1 1 The Local Government (Scotland) Act 1966 (c.51) is amended in accordance with this section. 2 In section 24(3) (unoccupied lands and heritages)— a for “this section” substitute “ subsection (2) ” , b for “one half” substitute “ 50% ” , c after “occupied”, in the first place it appears, insert “ or a rate equal to such other percentage, not exceeding 90%, of that amount as the Scottish Ministers may prescribe by regulations in relation to that class ” . 3 In section 24A(4) (lands and heritages partly unoccupied for a short time), for paragraph (b) substitute— b either— i 50% of the value apportioned to the unoccupied part of the lands and heritages; or ii where the Scottish Ministers prescribe by regulations a different percentage, not exceeding 90%, in relation to the class into which the lands and heritages fall, that percentage of the value apportioned to the unoccupied part of the lands and heritages. . 4 In section 24B (certain lands and heritages to be treated as unoccupied), after subsection (2) insert— 3 The Scottish Ministers may provide by regulations that lands and heritages falling within a class prescribed by the regulations are to continue to be treated as unoccupied, for the purposes of section 24 (apart from subsection (4) of that section), for such period after becoming occupied as the regulations specify. 4 Regulations under subsection (3) are subject to the negative procedure. . Council tax: variation for unoccupied dwellings 2 1 Section 33 of the Local Government in Scotland Act 2003 (asp 1) (council tax: discount for unoccupied dwellings) is amended in accordance with this section. 2 In subsection (1)— a paragraph (a) and the word “and” immediately following it are repealed, b in paragraph (b)— i the words “(whether by amendment of that section or otherwise)” are repealed, ii for “discount”, in both places where it appears, substitute “ variation ” . 3 After subsection (1) insert— 1A A variation provided under subsection (1) may not increase the amount of council tax payable in respect of a chargeable dwelling and a day by more than the amount calculated in respect of the dwelling and the day in accordance with section 78 of the Local Government Finance Act 1992 (basic amounts payable). . 4 In subsection (2)(b)— a sub-paragraph (i) is repealed, b in sub-paragraph (ii), for “they make provision” substitute “ a different amount of variation, or no variation, applies ” . 5 After subsection (2) insert–– 2A Regulations under subsection (1) may not provide (or allow provision to be made by local authorities) for unoccupied dwellings owned by a local authority or a registered social landlord to be treated more favourably than other unoccupied dwellings solely on the ground of that ownership. . 6 In subsection (4), for the words from “set” to the end of the subsection substitute — a increase the amount of council tax payable in respect of a chargeable dwelling and a day by more than the amount calculated in respect of the dwelling and the day in accordance with section 78 of the Local Government Finance Act 1992, b contravene any limits that may be specified in the regulations. . 7 In the title of the section, for “ discount ” substitute “ variation ” . Amendment of the Local Government Finance Act 1992 3 1 The Local Government Finance Act 1992 (c.14) is amended in accordance with this section. 2 In section 71(2)(d) (liability to be determined on a daily basis), for “discount”, in both places where it appears, substitute “ variation ” . 3 In paragraph 4 of Schedule 2 (administration)— a in sub-paragraphs (2) and (3), for “discount”, in each place where it appears, substitute “ variation ” , b after sub-paragraph (5) insert— 5A The regulations may include provision that where— a in accordance with any provision included under sub-paragraph (4) the authority informs the person concerned of its assumption; and b at any time before the end of the financial year following the financial year concerned, the person has reason to believe— i that the authority's assumption is based on a misapprehension about the period during which there will be, or was, no resident of the dwelling; and ii that misapprehension has resulted in the authority incorrectly assuming that the chargeable amount is not subject to any increase, or in the authority underestimating the amount of the increase, the person must, within such period as may be prescribed, notify the authority of that belief. 5B The regulations may include provision— a that any person appearing to an authority to be a resident, owner or managing agent of a particular dwelling must supply to the authority such information as fulfils the following conditions— i it is in the possession or control of the person concerned; ii the authority requests the person concerned to supply it; and iii it is requested by the authority for the purpose of ascertaining whether the chargeable amount is subject to any variation on the basis that, in respect of any period specified in the request, there is, was or will be no resident of the dwelling; b that the information is to be supplied within a prescribed period of the request being made and, if the authority so requires, in a form specified in the request; and c that a request may be served on the person concerned either by name or by such description as may be prescribed. , c in sub-paragraph (6), for “the reference in sub-paragraph (5)(b)” substitute “ the references in sub-paragraphs (5)(b), (5A)(b)(ii) and (5B)(a)(iii) ” . 4 The italic cross-heading immediately preceding paragraph 4 of Schedule 2 becomes “ Variation ” , instead of “ Discount ”. 5 In paragraph 2 of Schedule 3 (failure to supply information to or notify local authority)— a after sub-paragraph (1) insert— 1A Where a person is requested by a local authority to supply information under any provision included in regulations under paragraph 4(5B) of Schedule 2, the authority may impose on the person a penalty not exceeding £500 if— a the person fails to supply the information in accordance with the provision; or b in purported compliance with the provision the person knowingly supplies information which is inaccurate in a material particular. , b in sub-paragraph (2)(a), for “4” substitute “ 4(5) ” , c after sub-paragraph (2) insert— 2A A local authority may impose on a person a penalty not exceeding £500 in any case where— a the person is required by any provision included in regulations under paragraph 4(5A) of Schedule 2 to notify the authority; and b the person fails to notify the authority in accordance with the provision. , d in sub-paragraph (3)— i after “(1)” insert “ or (1A) ” , ii after “£200” insert “ , or of an amount not exceeding £500 if the request is under any provision included in regulations under paragraph 4(5B) of Schedule 2, ” . Abolition of housing support grants to local authorities Abolition of housing support grants 4 The following provisions are repealed— a in the Housing (Scotland) Act 1987 (c.26)— i sections 191 to 193 (housing support grants to local authorities), ii in section 338 (interpretation), the definition of “housing support grant”, iii in Part 2 of Schedule 15 (housing revenue account), paragraph 2(1)(c), b in the Housing (Scotland) Act 1988 (c.43), paragraphs 4 and 5 of Schedule 8, c in the Housing (Scotland) Act 2001 (asp 10), section 94(1) (alteration of housing finance arrangements). General Commencement 5 1 This Act (other than section 4) comes into force on the day of Royal Assent. 2 Section 4 comes into force on 1 April 2013. Short title 6 The short title of this Act is the Local Government Finance (Unoccupied Properties etc.) (Scotland) Act 2012.
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[uk-legislation-asp][asp] 2024-05-04 Welfare Reform (Further Provision) (Scotland) Act 2012
http://www.legislation.gov.uk/asp/2012/10/2012-08-08
http://www.legislation.gov.uk/asp/2012/10/2012-08-08 Welfare Reform (Further Provision) (Scotland) Act 2012 An Act of the Scottish Parliament to enable the Scottish Ministers to make provision by regulations in consequence of the Welfare Reform Act 2012 (in respect of matters other than reserved matters). text text/xml en Statute Law Database 2012-08-31 2012-08-08 Welfare Reform (Further Provision) (Scotland) Act 2012 2012 asp 10 An Act of the Scottish Parliament to enable the Scottish Ministers to make provision by regulations in consequence of the Welfare Reform Act 2012 (in respect of matters other than reserved matters). The Bill for this Act of the Scottish Parliament was passed by the Parliament on 28th June 2012 and received Royal Assent on 7th August 2012 Powers etc. Universal credit: further provision 1 1 The Scottish Ministers may by regulations make such provision as they consider appropriate in consequence of any provision of— a Part 1 (universal credit) of the UK Act, b regulations made by the Secretary of State under that Part, c an order made under section 41(5)(a) of that Act. 2 Regulations under this section may modify any enactment (whenever passed or made). 3 Regulations under this section— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, b otherwise, are subject to the negative procedure. Personal independence payment: further provision 2 1 The Scottish Ministers may by regulations make such provision as they consider appropriate in consequence of any provision of— a Part 4 (personal independence payment) of the UK Act, b regulations made by the Secretary of State under that Part. 2 Regulations under this section may modify any enactment (whenever passed or made). 3 Regulations under this section— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, b otherwise, are subject to the negative procedure. Regulations under this Act: ancillary provision 3 1 This section applies to any regulations under section 1 or 2. 2 The regulations may— a make provision in direct or indirect consequence of–– i a relevant portion of the UK Act, or ii a relevant instrument made under that Act, b contain provision not by itself in consequence of a relevant portion of that Act or of such an instrument, if the provision concerns any matter arising in direct or indirect consequence of the relevant portion or instrument (including previously so arising). 3 The regulations may— a make different provision for different cases or purposes, b include supplemental, incidental, consequential, transitional, transitory or saving provision. Impact of reform: annual reporting 4 1 The Scottish Ministers must prepare an initial report giving such information as they consider appropriate about the impact that the UK Act is likely to have on people in Scotland. 2 The initial report is to be laid before the Scottish Parliament on or before 30 June 2013. 3 The Scottish Ministers must prepare an annual report giving such information as they consider appropriate about the impact that the UK Act is having on people in Scotland. 4 An annual report is— a starting with 2014, required each year until 2017, b to be laid before the Scottish Parliament on or before 30 June in the year concerned. 5 The initial report or an annual report may include such additional information as the Scottish Ministers consider appropriate. 6 The references in subsections (1) and (3) to the impact of the UK Act include that arising directly or indirectly from the effect of— a a relevant portion of that Act, or b a relevant instrument made under that Act. 7 The Scottish Ministers may by order— a modify subsection (2) by substituting a later date for the date specified in it, b modify subsection (4) by— i substituting a later year for the second year specified in paragraph (a), ii substituting a later date for the date specified in paragraph (b). 8 An order under subsection (7) is subject to the negative procedure. General References to the UK Act 5 In this Act, “ the UK Act ” means the Welfare Reform Act 2012. Commencement 6 This Act comes into force on the day after Royal Assent. Short title 7 The short title of this Act is the Welfare Reform (Further Provision) (Scotland) Act 2012.
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[uk-legislation-asp][asp] 2024-05-04 Long Leases (Scotland) Act 2012
http://www.legislation.gov.uk/asp/2012/9/2015-09-28
http://www.legislation.gov.uk/asp/2012/9/2015-09-28 Long Leases (Scotland) Act 2012 An Act of the Scottish Parliament to convert certain long leases into ownership; to provide for the conversion into real burdens of certain rights and obligations under such leases; to provide for payment to former owners of land of compensation for loss of it on conversion; and for connected purposes. text text/xml en Statute Law Database 2015-12-17 Expert Participation 2015-09-28 Long Leases (Scotland) Act 2012 2012 asp 9 An Act of the Scottish Parliament to convert certain long leases into ownership; to provide for the conversion into real burdens of certain rights and obligations under such leases; to provide for payment to former owners of land of compensation for loss of it on conversion; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 28th June 2012 and received Royal Assent on 7th August 2012 Part 1 Conversion of long lease to ownership Determination of “qualifying lease” Meaning of “qualifying lease” 1 1 A lease is a “qualifying lease” if it complies with subsection (3). 2 Subsection (1) is subject to section 3. 3 A lease complies with this subsection if, immediately before the appointed day, it is a right of lease in land— a which is registered, b granted for a period of more than 175 years, and c in respect of which the unexpired portion of that period is— i where the subjects of the lease wholly or mainly comprise a private dwelling house, more than 100 years, ii in any other case, more than 175 years. 4 But a lease does not so comply if— a the annual rent payable under the lease is over £100, b the subjects of the lease include a harbour (either wholly or partly) in relation to which there is a harbour authority, c it is one granted for the sole purpose of allowing the tenant to install and maintain pipes or cables, or d it is one either— i of minerals, or ii which includes minerals and in respect of which a royalty, lordship or other payment of rent determined by reference to the exploitation of those minerals is or may be payable. 5 Where a lease is divided (whether as a result of partial assignation or otherwise), each part is treated as a separate lease for the purposes of this Act. 6 For the purposes of subsection (3)(c)(i), “ dwelling house ” includes any yard, garden, outbuilding or other pertinent. Further provision about annual rent 2 1 This section applies for the purposes of section 1(4)(a) in determining the annual rent payable under a lease. 2 Subject to subsections (4) to (6), the rent payable under a lease is the rent as set out in a document mentioned in subsection (3). 3 The documents are— a the lease, b a registered assignation of the lease, or c a registered minute of variation or agreement in relation to the lease. 4 Where a cumulo rent is payable in relation to two or more leases, the annual rent payable under each lease is deemed to be nil. 5 Any rent payable under a lease which is expressed wholly or partly in non-monetary terms is, to the extent that it is so expressed, to be left out of account. 6 Any rent payable under a lease which is variable from year to year is, to the extent that it is so variable, to be left out of account. Only one lease is qualifying lease 3 1 This section applies where land is subject to two or more potential qualifying leases. 2 Subsections (3) and (4) have effect for the purposes of determining— a which of the leases is the qualifying lease, and b of which land the lease is a qualifying lease. 3 A potential qualifying lease is not a qualifying lease if all of the land which forms the subjects of the lease forms the subjects of an inferior lease. 4 In any other case, a potential qualifying lease is the qualifying lease of land that— a forms the subjects of the potential qualifying lease, but b does not form the subjects of an inferior lease. 5 In this section— “ potential qualifying lease ” means a lease that complies with section 1(3), “ inferior lease ”, in relation to a potential qualifying lease, means a sublease— of the whole or part of the subjects of the potential qualifying lease, and which is itself a potential qualifying lease. Conversion of right of lease to ownership Conversion of right of lease to right of ownership 4 1 On the appointed day— a a qualifying lease becomes the right of ownership of the land in relation to which it is the qualifying lease, b any right of ownership of that land existing immediately before that day is extinguished, and c any superior lease is extinguished. 2 Subsection (1) is subject to section 62(1) (exempt leases not to convert). 3 In this Act, a “ superior lease ” means a lease of land in relation to which, and to the extent that, a qualifying lease is a sublease of that land. Consequences of conversion Extinction of certain rights and obligations 5 1 Subject to subsection (2), and sections 6 and 7 and Part 2, all rights and obligations arising (whether expressly or by implication) from— a a qualifying lease, and b any superior lease, are extinguished on the appointed day. 2 Subsection (1) does not affect any right or obligation arising from a lease mentioned in that subsection in so far as that right or obligation is, by its nature, enforceable only as a personal right or obligation, that is to say, the right or obligation could not be enforced by or against the successor of a party to the lease. 3 Despite subsection (1)— a rent continues to be payable for any period before the appointed day, and b if (in so far as so payable) it has not fallen due before that day, it falls due on that day. 4 Subject to subsection (5)— a on or after the appointed day, no proceedings for enforcement of any such rights or obligations as are mentioned in subsection (1) may be commenced, b any proceedings already commenced for such enforcement are deemed to have been abandoned on that day and may, without further process and without any requirement that full judicial expenses be paid by the pursuer, be dismissed accordingly, and c any decree or interlocutor already pronounced in proceedings for such enforcement is deemed to have been reduced or (as the case may be) recalled on that day. 5 Subsection (4) does not affect any proceedings, decree or interlocutor in relation to— a a right or obligation which subsists by virtue of section 6, b a right or obligation which is created under section 7, c a right or obligation which is converted under Part 2, d a right to recover damages or to the payment of money (including rent), or e a right of irritancy. Subordinate real rights, reservations and pertinents 6 1 This section applies where a right of ownership in land is created by the conversion of a qualifying lease under section 4(1)(a) (such land being referred to in this section as “ the converted land ”). 2 The converted land is subject to any subordinate real rights to which the qualifying lease was, immediately before the appointed day, subject. 3 The converted land is, subject to subsection (4), subject to— a any subordinate real rights (other than any superior lease extinguished by virtue of section 4(1)(c)), and b any other encumbrances, to which the converted land itself was, immediately before the appointed day, subject. 4 Any heritable security or proper liferent to which the converted land itself was subject immediately before the appointed day is, on that day and to the extent that the security or liferent affected the land, extinguished. 5 The converted land— a includes any pertinent (whether express or implied) of the qualifying lease which, by its nature, may be a pertinent of land, and b excludes anything capable of being held as a separate tenement in land (including any right so held by virtue of section 8) which is reserved (whether expressly or by implication) from— i the qualifying lease, or ii any superior lease. Creation of servitudes on conversion 7 1 This section applies where a right of ownership in land is created by the conversion of a qualifying lease under section 4(1)(a) (such land being referred to in this section as “ the converted land ”). 2 The converted land includes or (as the case may be) is subject to any servitudes which would have been created (whether expressly, by implication or by positive prescription) had the original grant of— a the qualifying lease, b any superior lease, or c any partial assignation of a lease, where the subjects of that lease include the land which forms the subjects of the qualifying lease, been a conveyance of land. Conversion of reserved sporting rights 8 1 This section applies where a right of— a game, or b fishing, is reserved (whether expressly or by implication) from a qualifying lease or superior lease (such a right being referred to in this Act as a “sporting right”). 2 A landlord may, before the appointed day, execute and register a notice in the prescribed form. 3 The notice must— a set out the title of the landlord, b identify the land affected by the sporting right, c set out the terms of such right, and d set out the terms of any counter-obligation to the right. 4 For the purposes of subsection (2)— a a notice is registered only when registered against the land identified in pursuance of subsection (3)(b), and b the notice may be registered against the title of the owner of the land or the tenant under the qualifying lease. 5 Before submitting a notice for registration under this section, the landlord must swear or affirm before a notary public that to the best of the knowledge and belief of the landlord all the information contained in the notice is true. 6 For the purposes of subsection (5)— a if the landlord is— i an individual unable by reason of legal disability, or incapacity, to swear or affirm as mentioned in that subsection, then a legal representative of the landlord may swear or affirm, or ii not an individual, then any person authorised to sign documents on its behalf may swear or affirm, and b any reference in that subsection to the landlord is to be construed in accordance with paragraph (a). 7 If subsections (2) to (6) are complied with (and immediately before the appointed day the sporting right to which the notice relates is still enforceable), on the appointed day— a that right becomes a separate tenement in land, b in the case of a right of game, the separate tenement comprises— i in a case where the right is expressly reserved, the rights and obligations specified in the lease and, in so far as is consistent with those express rights and obligations, an exclusive right to take hare, pheasant, partridge, grouse, and ptarmigan (any particular type of each where applicable), ii in a case where the right is reserved by implication, an exclusive right to take hare, pheasant, partridge, grouse and ptarmigan (any particular type of each where applicable), and c in the case of a right of fishing, the separate tenement comprises— i in a case where the right is expressly reserved, the rights and obligations specified in the lease and, in so far as is consistent with those express rights and obligations, an exclusive right to fish for freshwater fish, ii in a case where the right is reserved by implication, an exclusive right to fish for freshwater fish. 8 Any exclusive right conferred by subsection (7)(b) is subject to section 1 of the Ground Game Act 1880 (c.47) (right of occupier to kill and take ground game). 9 Where a right becomes, under subsection (7)(a), a separate tenement in land— a that right is subject to any counter-obligation enforceable immediately before the appointed day, and b without prejudice to any other way in which such a counter-obligation may be extinguished, any such counter-obligation is extinguished on the extinction of the right. 10 In this section and section 9, any reference to a “landlord” is a reference— a in a case where there is one superior lease, to the landlord under the superior lease, b in a case where there are two or more superior leases, to the landlord under whichever of those leases is not itself subject to a superior lease. 11 This section is subject to section 75. Further provision for section 8 9 1 Where more than one qualifying lease is affected by the same sporting right, a landlord must, if that landlord wishes to execute and register a notice under section 8(2) in relation to those qualifying leases in respect of that right, do so in relation to each separately. 2 Where a qualifying lease is affected by more than one sporting right, a landlord may, if that landlord wishes to execute and register a notice under section 8(2), do so by a single notice. Part 2 Conversion of certain leasehold conditions to real burdens Determination of “qualifying conditions” Qualifying conditions 10 1 A condition is a “qualifying condition” if— a it is constituted in accordance with subsection (2), b it is enforceable against the tenant (and the successors of the tenant) of— i the qualifying lease, or ii any superior lease, c it complies with subsection (3), and d it is not an excluded condition. 2 A condition is constituted in accordance with this subsection if it is set out in— a the qualifying lease, b any superior lease which is not a lease granted by virtue of section 17(1) of the Land Tenure Reform (Scotland) Act 1974 (c.38) (interposed leases), c any deed varying a lease mentioned in paragraph (a) or (b), or d any assignation of or other deed relating to a lease mentioned in paragraph (a) or (b) where the assignation or other deed is registered under section 3 of the Registration of Leases (Scotland) Act 1857 (c.26) (assignation of leases). 3 A condition complies with this subsection if it consists of— a an obligation to do something (including an obligation to defray, or contribute towards, some cost), b an obligation to refrain from doing something, c a right to enter, or otherwise make use of, property which is for a purpose ancillary to an obligation mentioned in paragraph (a) or (b), or d a provision for management or administration which is for a purpose ancillary to an obligation mentioned in paragraph (a) or (b). 4 In determining whether a condition complies with subsection (3), regard is to be had to the effect of the condition rather than to the way in which the condition is expressed. 5 A condition is an “excluded condition” if— a it is an obligation to pay rent, b it confers a right of irritancy, c the provision constituting it states that it is enforceable only by irritancy, d it imposes a restriction on— i assignation, or ii subletting, that is neither a right of pre-emption, a right of redemption or reversion nor any other type of option to acquire the lease, or e it imposes a monetary penalty which is payable on the failure of the tenant to comply with any of the other conditions under the lease. Restriction on conversion of qualifying conditions 11 A qualifying condition does not become a real burden by virtue of this Part unless the real burden that would be so created complies with the provisions of section 3 (omitting subsection (5)) of the Title Conditions (Scotland) Act 2003 (asp 9). Meaning of “qualifying land” Meaning of “qualifying land” 12 In this Act, “ qualifying land ”, in relation to a qualifying condition, means the land which forms the subjects of the qualifying lease. Entitlement to enforce qualifying conditions Determination of who may enforce condition 13 1 Subsections (2) and (3) have effect for the purposes of determining in relation to sections 14 to 28 whether a person is entitled to enforce a qualifying condition. 2 A person having right to property to which the entitlement to enforce a qualifying condition attaches may enforce the qualifying condition whether or not the person has completed title to that right (and where more than one person comes within that description, only the person who most recently acquired that right may enforce the qualifying condition). 3 Where before the appointed day the tenant under a lease— a assigns the lease in part, and b includes in the assignation or (as the case may be) a deed registered under section 3 of the Registration of Leases (Scotland) Act 1857 (c.26), a qualifying condition, a person who is a tenant or subtenant of the part of the land that is not so assigned (or a successor as tenant or subtenant of such person) may enforce the qualifying condition. 4 In sections 14 to 21, a person is an “entitled person” if that person is entitled to enforce a qualifying condition (whether as landlord or otherwise). 5 Where the entitlement to enforce a qualifying condition is held in pro indiviso shares— a if the entitlement is held as landlord, any reference in sections 14 to 21 to an entitled person is a reference to all of the persons holding such a share, and b if the entitlement is held otherwise than as landlord, any reference in those sections to an entitled person is a reference to any of the persons holding such a share. Conversion of conditions to burdens Conversion by nomination of benefited property 14 1 This section applies to a qualifying condition where— a at least one conversion condition is met, or b the Lands Tribunal makes an order under section 21. 2 An entitled person may, before the appointed day, prospectively convert a qualifying condition into a real burden by executing and registering a notice. 3 The notice must— a be in the prescribed form, b set out the title of the entitled person to enforce the qualifying condition, c identify the qualifying land, or any part of it, which the entitled person nominates as the burdened property in relation to the real burden, d identify the land mentioned in subsection (5), or any part of it, which the entitled person nominates as a benefited property in relation to the burden, e in a case where this section applies by virtue of an order under section 21, state that such an order has been made, f in any other case, specify which of the conversion conditions is (or are) met, g set out the terms of the qualifying condition, and h set out the terms of any counter-obligation to the qualifying condition if it is a counter-obligation enforceable against the entitled person. 4 The conversion conditions are— a that the land which would by virtue of this section and sections 15 and 16 become a benefited property has on it a permanent building which is in use wholly or mainly as a place of human— i habitation, or ii resort, and that building is, at some point, within 100 metres (measuring along a horizontal plane) of the land which would by virtue of this section and sections 15 and 16 become the burdened property, b that the qualifying condition comprises a right of pre-emption or of redemption, c that the land which would by virtue of this section and sections 15 and 16 become a benefited property comprises— i minerals, or ii salmon fishings or some other incorporeal property, and it is apparent from the terms of the qualifying condition that the condition was included in the lease for the benefit of such land. 5 The land referred to in subsection (3)(d) is land, other than the qualifying land, which— a if the land is not subject to a qualifying or exempt lease, the entitled person is owner of, or b if the land is subject to such a lease, the entitled person is tenant of under that lease. 6 Where the entitled person holds the entitlement to enforce the qualifying condition otherwise than as landlord— a the land referred to in subsection (5)(a) is the land to which the entitlement to enforce the condition attaches, and b the lease referred to in subsection (5)(b) is the lease to which the entitlement to enforce the condition attaches. Conversion by nomination: registration 15 1 For the purposes of section 14(2), a notice is registered only when registered against both the burdened property and the benefited property. 2 Registration under subsection (1) must— a in the case of the burdened property, be against the title of— i the owner of the property, or ii the tenant under the qualifying lease of the property, and b in the case of a benefited property, be against the title of— i the owner of the property, or ii if the property in question is subject to a qualifying lease or exempt lease, the tenant under such lease. 3 Before submitting any notice for registration under section 14, the entitled person must swear or affirm before a notary public that to the best of the knowledge and belief of the entitled person all the information contained in the notice is true. 4 For the purposes of subsection (3), if the entitled person is— a an individual unable by reason of legal disability, or incapacity, to swear or affirm as mentioned in that subsection, then a legal representative of the entitled person may swear or affirm, or b not an individual, then any person authorised to sign documents on its behalf may swear or affirm, and any reference in that subsection to an entitled person is to be construed accordingly. 5 This section and section 14 are subject to sections 36 and 75. Conversion by nomination: effect 16 1 This section applies in relation to a qualifying condition where— a an entitled person registers a notice in accordance with sections 14 and 15, and b immediately before the appointed day the qualifying condition is still enforceable by the entitled person (or that person's successor). 2 On the appointed day, the qualifying condition becomes a real burden in relation to which— a the land identified in pursuance of section 14(3)(c) is the burdened property, and b the land identified in pursuance of section 14(3)(d) is a benefited property. Conversion by agreement 17 1 An entitled person may, before the appointed day— a serve notice on the tenant under the qualifying lease, that the entitled person seeks to enter into an agreement with the tenant under this section— i prospectively converting a qualifying condition into a real burden, ii prospectively nominating the qualifying land, or any part of it, as the burdened property in relation to such burden, and iii prospectively nominating land mentioned in subsection (2), or any part of that land, as a benefited property in relation to such burden, b subject to subsection (5), enter into such an agreement with the tenant, and c register that agreement. 2 The land referred to in subsection (1)(a)(iii) is land, other than the qualifying land, which— a if the land is not subject to a qualifying or exempt lease, the entitled person is owner of, or b if the land is subject to such a lease, the entitled person is tenant of under that lease. 3 Where the entitled person holds the entitlement to enforce the qualifying condition otherwise than as landlord— a the land referred to in subsection (2)(a) is the land to which the entitlement to enforce the condition attaches, and b the lease referred to in subsection (2)(b) is the lease to which the entitlement to enforce the condition attaches. 4 The notice referred to in subsection (1) must— a be in the prescribed form, b set out the title of the entitled person to enforce the qualifying condition, c identify the land nominated as the burdened property, d identify the land nominated as a benefited property, e set out the terms of the qualifying condition, and f set out the terms of any counter-obligation to the qualifying condition if it is a counter-obligation enforceable against the entitled person. 5 If the entitled person and the tenant think fit they may, by the agreement, modify the qualifying condition or any counter-obligation to the qualifying condition if it is a counter-obligation enforceable against the entitled person (or both the qualifying condition and any such counter-obligation). 6 An agreement mentioned in subsection (1)(b) must be a written agreement which— a expressly states that it is made under this section, and b includes all the information, other than that relating to service, required to be set out in completing the notice the form of which is prescribed under subsection (4)(a). 7 This section is subject to section 36. Conversion by agreement: registration 18 1 For the purposes of section 17(1), an agreement is registered only when registered against both the burdened property and the benefited property. 2 Registration under subsection (1) must— a in the case of the burdened property, be against the title of— i the owner of the property, or ii the tenant under the qualifying lease of the property, and b in the case of a benefited property, be against the title of— i the owner of the property, or ii if the property in question is subject to a qualifying lease or exempt lease, the tenant under such lease. Conversion by agreement: effect 19 1 This section applies in relation to a qualifying condition where— a sections 17(1)(b) and (c) and (6) and 18 are complied with, and b immediately before the appointed day the qualifying condition is still enforceable by the entitled person (or that person's successor). 2 On the appointed day, the qualifying condition becomes a real burden in relation to which— a the land identified in pursuance of section 17(4)(c) is the burdened property, and b the land identified in pursuance of section 17(4)(d) is a benefited property. Conversion by agreement: title not completed 20 1 Subsection (2) applies for the purposes of section 17 where— a the entitled person has not completed title to— i the property by virtue of which such person is entitled to enforce a qualifying condition, or ii the land nominated as a benefited property, and b section 101 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (circumstances where unnecessary to deduce title) does not apply. 2 The entitled person may enter into an agreement under section 17 only if in the agreement the entitled person deduces title from the person who appears in the Register of Sasines as having the last recorded title to the interest in question. 3 Subsection (4) applies for the purposes of section 17 where— a the tenant has not completed title to the qualifying lease, and b section 101 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (circumstances where unnecessary to deduce title) does not apply. 4 The tenant may enter into an agreement under section 17 only if in the agreement the tenant deduces title from the person who appears in the Register of Sasines as having the last recorded title to the interest in question. Applications relating to section 14 Lands Tribunal order 21 1 This section applies where an entitled person cannot proceed under section 14(2) because none of the conditions set out in subsection (4) (“the conversion conditions”) of that section are met. 2 The entitled person may apply to the Lands Tribunal for an order under subsection (5). 3 An application may be made under subsection (2) only if the entitled person has first, in pursuance of section 17, attempted to reach agreement as respects the qualifying condition in question with the tenant under the qualifying lease. 4 An application under subsection (2)— a must include a description by the entitled person of the requisite attempt to reach agreement, and b must be made not later than 1 year after the day on which this section comes into force. 5 The Lands Tribunal may make an order dispensing with the need for any of the conversion conditions to be met if satisfied that, were the qualifying condition to be extinguished, there would be material detriment to the value or enjoyment of the entitled person's ownership (taking such person to have ownership) of the land which is to be identified, in pursuance of section 14(3)(d), as a benefited property. 6 The decision of the Lands Tribunal on an application under subsection (2) is final. 7 A person opposing an application made under subsection (2) incurs no liability in respect of expenses incurred by the entitled person unless, in the opinion of the Lands Tribunal, the actings of the person opposing are vexatious or frivolous. Dealing with application under section 21 22 1 This section applies where the Lands Tribunal receives an application under section 21. 2 The Lands Tribunal must give notice of the application, whether by way of advertisement or otherwise, to— a the tenant under the qualifying lease, and b if the Lands Tribunal thinks fit, any other person. 3 Any person (whether or not the person has received notice under subsection (2)) who— a is a tenant under the qualifying lease, or b is affected by that qualifying condition or by its proposed constitution as a real burden, may oppose or make representations in relation to the application. 4 The Lands Tribunal— a must allow any such person as is mentioned in subsection (3), and b may allow any other person who appears to it to be affected by the qualifying condition to which the application relates or its proposed constitution as a real burden, to be heard in relation to the application. Personal real burdens Conversion to personal pre-emption or redemption burden 23 1 Without prejudice to section 14, the person entitled to enforce a qualifying condition mentioned in subsection (2) (whether as landlord or otherwise) may, before the appointed day, prospectively convert that qualifying condition into a personal pre-emption burden or (as the case may be) into a personal redemption burden by executing and registering a notice. 2 The qualifying condition referred to in subsection (1) is a condition comprising— a a right of pre-emption, or b a right of redemption. 3 The notice referred to in subsection (1) must— a be in the prescribed form, b set out the title to enforce the qualifying condition of the person executing and registering the notice, c identify the qualifying land (or any part of such land), d set out the terms of the qualifying condition, and e set out the terms of any counter-obligation to the qualifying condition if it is a counter-obligation enforceable against the person executing and registering the notice. 4 For the purposes of subsection (1)— a a notice is registered only when registered against the land identified in pursuance of subsection (3)(c), and b the notice may be registered against the title of the owner of the land or of the tenant under the qualifying lease. 5 Before submitting any notice for registration under this section, the person entitled to enforce the qualifying condition must swear or affirm before a notary public that to the best of the knowledge and belief of that person all the information contained in the notice is true. 6 For the purposes of subsection (5), if the person entitled to enforce the qualifying condition is— a an individual unable by reason of legal disability, or incapacity, to swear or affirm as mentioned in that subsection, then a legal representative of that person may swear or affirm, or b not an individual, then any person authorised to sign documents on its behalf may swear or affirm, and any reference in that subsection to the person entitled to enforce the qualifying condition is to be construed accordingly. 7 If subsections (1) to (6) are complied with and immediately before the appointed day the qualifying condition is still enforceable by the person who executed and registered the notice under subsection (1) (or that person's successor) then, on that day— a the qualifying condition is converted into a real burden in favour of that person, to be known as a “personal pre-emption burden” or (as the case may be) as a “personal redemption burden”, and b the land identified in pursuance of subsection (3)(c) becomes the burdened property. 8 The right to a personal pre-emption burden or personal redemption burden may be assigned or otherwise transferred to any person. 9 An assignation or transfer under subsection (8) takes effect on registration. 10 Where the holder of a personal pre-emption burden or personal redemption burden does not have a completed title— a title may be completed by the holder registering a notice of title, or b without completing title, the holder may grant a deed— i assigning the right to the burden, or ii discharging, in whole or in part, the burden. 11 The holder must, in a deed granted under subsection (10)(b), deduce title from the person who appears in the Register of Sasines as having the last recorded title to the burden in question unless the deed is one to which section 101 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (circumstances where unnecessary to deduce title) applies. 12 This section is subject to sections 36 and 75. Conversion to economic development burden 24 1 Where a local authority is, or the Scottish Ministers are, entitled to enforce a qualifying condition which is imposed for the purpose of promoting economic development, it or they may, before the appointed day, prospectively convert that qualifying condition into an economic development burden by executing and registering a notice. 2 The notice must— a be in the prescribed form, b set out the title to enforce the qualifying condition of the person executing and registering the notice, c state that such person is a local authority or the Scottish Ministers, d identify the qualifying land (or any part of such land), e set out the terms of the qualifying condition, f set out the terms of any counter-obligation to the qualifying condition if it is a counter-obligation enforceable against the person executing and registering the notice, and g state that the qualifying condition was imposed for the purpose of promoting economic development and provide information in support of that statement. 3 For the purposes of subsection (1)— a a notice is registered only when registered against the land identified in pursuance of subsection (2)(d), and b the notice may be registered against the title of the owner of the land or of the tenant under the qualifying lease. 4 If subsections (1) to (3) are complied with and immediately before the appointed day the qualifying condition is still enforceable by the local authority or the Scottish Ministers then, on that day, the qualifying condition becomes an economic development burden— a in favour of the local authority or (as the case may be) the Scottish Ministers, and b in relation to which the land identified in pursuance of subsection (2)(d) is the burdened property. 5 This section is subject to sections 36 and 75. Conversion to health care burden 25 1 Where the Scottish Ministers are entitled to enforce a qualifying condition which is imposed for the purpose of promoting the provision of facilities for health care, they may, before the appointed day, prospectively convert that qualifying condition into a health care burden by executing and registering a notice. 2 The notice must— a be in the prescribed form, b set out the title of the Scottish Ministers to enforce the qualifying condition, c identify the qualifying land (or any part of such land), d set out the terms of the qualifying condition, e set out the terms of any counter-obligation to the qualifying condition if it is a counter-obligation enforceable against the Scottish Ministers, and f state that the qualifying condition was imposed for the purpose of promoting the provision of facilities for health care and provide information in support of that statement. 3 For the purposes of subsection (1)— a a notice is registered only when registered against the land identified in pursuance of subsection (2)(c), and b the notice may be registered against the title of the owner of the land or of the tenant under the qualifying lease. 4 If subsections (1) to (3) are complied with and immediately before the appointed day the qualifying condition is still enforceable by the Scottish Ministers then, on that day, the qualifying condition becomes a health care burden— a in favour of the Scottish Ministers, and b in relation to which the land identified in pursuance of subsection (2)(c) is the burdened property. 5 This section is subject to sections 36 and 75. Conversion to climate change burden 26 1 Where a public body or trust is, or the Scottish Ministers are, entitled to enforce a qualifying condition which is imposed for the purpose of reducing greenhouse gas emissions, it or they may, before the appointed day, prospectively convert that qualifying condition into a climate change burden by executing and registering a notice. 2 The notice must— a be in the prescribed form, b set out the title to enforce the qualifying condition of the person executing and registering the notice, c state that such person is a public body, trust or the Scottish Ministers, d identify the qualifying land (or any part of such land), e set out the terms of the qualifying condition, f set out the terms of any counter-obligation to the qualifying condition if it is a counter-obligation enforceable against the person executing and registering the notice, and g state that the qualifying condition was imposed for the purpose of reducing greenhouse gas emissions and provide information in support of that statement. 3 For the purposes of subsection (1)— a a notice is registered only when registered against the land identified in pursuance of subsection (2)(d), and b the notice may be registered against the title of the owner of the land or of the tenant under the qualifying lease. 4 If subsections (1) to (3) are complied with and immediately before the appointed day the qualifying condition is still enforceable by the public body, trust or the Scottish Ministers then, on that day, the qualifying condition becomes a climate change burden— a in favour of the public body, the trust or (as the case may be) the Scottish Ministers, and b in relation to which the land identified in pursuance of subsection (2)(d) is the burdened property. 5 In this section— “ emissions ” has the meaning given by section 17(1) of the Climate Change (Scotland) Act 2009 (asp 12), “ greenhouse gas ” has the meaning given by section 10(1) of that Act, “ public body ” means a body listed in Part I or II of the Schedule to the Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 ( SSI 2003/453). 6 This section is subject to sections 36 and 75. Conversion to conservation burden: rule one 27 1 Where a conservation body is, or the Scottish Ministers are, entitled to enforce a qualifying condition of the category described in subsection (2), it or they may, before the appointed day, prospectively convert that qualifying condition into a conservation burden for the benefit of the public by executing and registering a notice. 2 The category is those qualifying conditions which have the purpose of preserving or protecting— a the architectural or historical characteristics of land, or b any other special characteristics of land (including, without prejudice to the generality of this paragraph, a special characteristic derived from the flora, fauna or general appearance of the land). 3 The notice referred to in subsection (1) must— a be in the prescribed form, b set out the title to enforce the qualifying condition of the person executing and registering the notice, c state that such person is a conservation body or the Scottish Ministers, d identify the qualifying land (or any part of such land), e set out the terms of the qualifying condition, and f set out the terms of any counter-obligation to the qualifying condition if it is a counter-obligation enforceable against the person executing and registering the notice. 4 For the purposes of subsection (1)— a a notice is registered only when registered against the land identified in pursuance of subsection (3)(d), and b the notice may be registered against the title of the owner of the land or of the tenant under the qualifying lease. 5 If subsections (1) to (4) are complied with and immediately before the appointed day the qualifying condition is still enforceable by the conservation body or the Scottish Ministers then, on that day, the qualifying condition becomes a conservation burden— a in favour of the conservation body or (as the case may be) the Scottish Ministers, and b in relation to which the land identified in pursuance of subsection (3)(d) is the burdened property. 6 The references in subsection (5) to— a the conservation body include references to— i any conservation body which is, or ii the Scottish Ministers where they are, its successor as the person entitled to enforce the qualifying condition, and b the Scottish Ministers include references to a conservation body which is their successor as such person. 7 This section is subject to sections 36 and 75. Conversion to conservation burden: rule two 28 1 The person (not being a conservation body or the Scottish Ministers) entitled to enforce a qualifying condition of the category described in section 27(2) (whether as landlord or otherwise) may before the appointed day— a prospectively convert that condition into a conservation burden for the benefit of the public, and b nominate a conservation body or the Scottish Ministers to have title to enforce that burden, by executing and registering a notice. 2 Subsection (1) applies only where the consent of the nominee to being so nominated is obtained— a in a case where sending a copy of the notice, in compliance with section 75(2), is reasonably practicable, before that copy is so sent, and b in any other case, before the notice is executed. 3 The notice referred to in subsection (1) must— a be in the prescribed form, b set out the title to enforce the qualifying condition of the person executing and registering the notice, c state that the nominee is a specific conservation body or the Scottish Ministers (as the case may be), and d comply with section 27(3)(d) to (f). 4 For the purposes of subsection (1)— a a notice is registered only when registered against the land identified in pursuance of subsection (3)(d), and b the notice may be registered against the title of the owner of the land or of the tenant under the qualifying lease. 5 If subsections (1) to (4) are complied with and immediately before the appointed day the qualifying condition is still enforceable by the person who executed and registered the notice under subsection (1) (or that person's successor) then, on that day, the qualifying condition becomes a conservation burden— a in favour of the conservation body or (as the case may be) the Scottish Ministers, and b in relation to which the land identified in pursuance of subsection (3)(d) is the burdened property. 6 This section is subject to sections 36 and 75 except that, in the application of subsection (3)(b) of section 36 for the purposes of this subsection, such discharge as is mentioned in that subsection is to be taken to require the consent of the nominated person. Other real burdens Conversion to facility or service burden 29 1 Where a qualifying condition regulates the maintenance, management, reinstatement or use of heritable property which constitutes, and is intended to constitute, a facility of benefit to land other than the qualifying land then, on the appointed day, such condition becomes a facility burden in relation to which— a the qualifying land is the burdened property, and b the heritable property which constitutes the facility and any land to which the facility is (and is intended to be) of benefit is the benefited property. 2 Where a qualifying condition relates to the provision of services to land other than the qualifying land, then the qualifying condition, on the appointed day, becomes a service burden in relation to which— a the qualifying land is the burdened property, and b any land to which the services are provided is the benefited property. 3 Without prejudice to the generality of subsection (1), examples of property which might constitute a facility mentioned in that subsection are— a a common part of a tenement, b a common area for recreation, c a private road, d private sewerage, e a boundary wall. Conversion to manager burden 30 1 Where a qualifying condition confers on such person as may be specified in the condition power to— a act as the manager of related properties, b appoint some other person to be such manager, or c dismiss any person appointed by virtue of the power mentioned in paragraph (b), then, on the appointed day, such condition becomes a real burden in favour of such person and in relation to such burden the qualifying land is the burdened property. 2 A real burden constituted by virtue of subsection (1) is a manager burden. 3 For the purposes of subsection (1), whether properties are related properties is to be inferred from all the circumstances. 4 Without prejudice to the generality of this section, circumstances giving rise to such an inference might include— a the convenience of managing the properties together because they share— i some common feature, or ii an obligation for common maintenance of some facility, b it being evident that the properties constitute a group of properties on which qualifying conditions are imposed under a common scheme, or c there being shared rights to common property. Conversion where common scheme affects related properties 31 1 Where qualifying conditions are imposed under a common scheme on a group of related properties, such conditions, on the appointed day, become real burdens in relation to which each property is a benefited and a burdened property. 2 For the purposes of subsection (1), whether properties are related properties is to be inferred from all the circumstances. 3 Without prejudice to the generality of this section, circumstances giving rise to such an inference might include— a the convenience of managing the properties together because they share— i some common feature, or ii an obligation for common maintenance of some facility, b there being shared rights to common property, c the properties being subject to the common scheme by virtue of the same deed of conditions, or d the properties each being a flat in the same tenement. 4 This section confers no right of pre-emption, redemption or reversion. Conversion where expressly enforceable by certain third parties 32 Where a qualifying condition is expressed as being enforceable by— a the owner, or b the tenant, of land other than the qualifying land then, on the appointed day, such condition becomes a real burden in relation to which the qualifying land is the burdened property and that other land is a benefited property. Exclusions from conversion Qualifying condition where obligation assumed by public authority 33 Sections 29(1) and 31(1) do not apply to a qualifying condition in so far as such condition constitutes an obligation— a to maintain or reinstate, and b which has been assumed— i by a local or other public authority, or ii by virtue of any enactment, by a successor body to any such authority. Effect of conversion on counter-obligations Counter-obligations on conversion 34 1 Where a qualifying condition becomes, by virtue of any of sections 14 to 32, a real burden, the right to enforce the burden is subject to any counter-obligation mentioned in subsection (2). 2 The counter-obligations are— a in the case of a real burden constituted by virtue of— i section 14 or 23 to 28, those specified in the notice registered under the section in question, ii section 17, those specified in the agreement, iii section 30, those enforceable against the person on whom power is conferred, iv section 32, those enforceable against the owner or (as the case may be) tenant of the other land, and b in any other case, those enforceable against any person who immediately before the appointed day was entitled to enforce the qualifying condition which was converted into the burden. Prescription Prescriptive period for converted conditions 35 1 This section applies where a qualifying condition becomes, by virtue of any of sections 14 to 32, a real burden. 2 Section 18(5) of the 2003 Act (prescription where breach of burden occurs before the appointed day) applies to any breach of the qualifying condition as it applies to a breach of a real burden. Notices and agreements under this Part Further provision for notices and agreements 36 1 Subsections (2) and (3) apply in relation to a qualifying lease where— a an agreement relating to a qualifying condition has been registered under section 17, or b a notice relating to a qualifying condition has been registered under section 14 or 23 to 28. 2 It is not competent for the person who registered the agreement or notice (or that person's successor) to register under any of those sections in relation to the qualifying lease another such agreement or notice relating to the same qualifying condition. 3 Nothing in subsection (2) prevents registration of an agreement or notice where (as the case may be)— a the discharge of any earlier such agreement has been registered, jointly, by the parties to that agreement (or by their successors), or b the discharge of any earlier such notice has been registered by the person who registered that notice (or by that person's successor). 4 Where more than one qualifying lease is affected by the same qualifying condition enforceable by the same person, that person must, if that person wishes to execute and register a notice under this Part in relation to those qualifying leases in respect of that qualifying condition, do so in relation to each separately. 5 Where a qualifying lease is affected by more than one qualifying condition enforceable by the same person, that person may— a enter into and register a single agreement under section 17 in relation to that qualifying lease in respect of those qualifying conditions, or b execute and register a single notice under section 14 or 23 to 28 in relation to that qualifying lease in respect of those qualifying conditions. 6 Nothing in this Part requires registration against land prospectively nominated as a benefited property but outwith Scotland. Part 3 Allocation of rents and renewal premiums etc. Key terms Partially continuing leases and renewal obligations etc. 37 In this Act— “ partially continuing lease ” means a lease which, on the appointed day— is extinguished by virtue of Part 1, in respect of part of the subjects of the lease (such subjects being referred to in this Act as the “converted subjects”), and whether by exemption under Part 5 or otherwise, continues in respect of any other subjects (such subjects being referred to in this Act as the “continuing subjects”), “ renewal obligation ” means an obligation on the landlord under a lease to renew it after a fixed period on payment by the tenant of a premium, “ renewal period ” means, in relation to a renewal obligation, the fixed period after which the landlord must renew the lease, “ renewal premium ” means, in relation to a renewal obligation, the premium payable. Cumulo rent and cumulo renewal premium 38 1 In this Act— “ cumulo rent ” means, subject to subsection (2), a single rent payable in relation to two or more leases, and “ cumulo renewal premium ” means, subject to subsections (2) to (4), a single renewal premium payable in relation to two or more leases. 2 Where such rent or renewal premium— a has been apportioned between— i those leases, or ii some of those leases, and b the parties to those leases consented (whether expressly or by implication) to the apportionment, any rent or renewal premium so apportioned is not cumulo rent or (as the case may be) not a cumulo renewal premium and is the rent or renewal premium payable under the lease for the purposes of this Act. 3 Subsection (4) applies if— a subsection (2) applies to rent payable under two or more leases, and b a single renewal premium is payable under the leases. 4 For the purposes of this Act— a the renewal premium is to be treated as if it were apportioned between the leases in the same proportion as the apportionment of rent, and b that apportioned renewal premium is the renewal premium payable under the lease. Allocation of rent Allocation of cumulo rent before appointed day 39 1 This section applies where— a a cumulo rent is payable in relation to two or more leases, and b one or more of the leases is a qualifying lease. 2 The landlord may, at any time before the appointed day, allocate the cumulo rent between the leases mentioned in subsection (1)(a). 3 The allocation under subsection (2) must be in such proportions as are reasonable in all the circumstances. 4 For the purposes of subsection (3), the proportions are presumed to be reasonable in so far as they accord with any apportionment of the cumulo rent that was effective immediately before the allocation under (2). 5 Where the landlord allocates the cumulo rent between two or more leases under subsection (2), the annual rent payable under each lease from the day on which the landlord gives notice to the tenant of the allocation is the annual rent allocated to the lease and such rent is not cumulo rent for the purposes of this Act. Allocation of cumulo rent after appointed day 40 1 This section applies where— a immediately before the appointed day, a cumulo rent was payable in relation to two or more leases, and b on that day, one or more of the leases is extinguished by virtue of Part 1 in respect of any subjects of the leases. 2 The landlord must, before the expiry of the period of 2 years beginning with the appointed day, allocate the cumulo rent between the leases mentioned in subsection (1)(a). 3 The allocation under subsection (2) must be in such proportions as are reasonable in all the circumstances. 4 For the purposes of subsection (3), the proportions are presumed to be reasonable in so far as they accord with any apportionment of the cumulo rent that was effective immediately before the appointed day. 5 The annual rent payable from the appointed day under a lease which is not wholly extinguished by virtue of Part 1 is (subject to section 41) the annual rent allocated to the lease under subsection (2). 6 In this section and sections 41, 42 and 43, “ landlord ” includes former landlord. Partially continuing leases: allocation of rent 41 1 The landlord in relation to a partially continuing lease must, before the expiry of the period of 2 years beginning with the appointed day, allocate the annual rent between the converted subjects and continuing subjects. 2 In subsection (1), the annual rent is— a the annual rent payable under the lease immediately before the appointed day, or b where a cumulo rent is allocated to the lease under section 40(2), the annual rent so allocated. 3 The allocation under subsection (1) must be in such proportions as are reasonable in all the circumstances. 4 The annual rent payable from the appointed day under the partially continuing lease is the annual rent allocated to the continuing subjects under subsection (1). Allocation of renewal premium Allocation of cumulo renewal premium 42 1 This section applies where— a immediately before the appointed day, the renewal premium payable in relation to two or more leases containing a renewal obligation was a cumulo renewal premium, b on that day, one or more of the leases is extinguished by virtue of Part 1 in respect of any subjects of the leases, and c a lease mentioned in paragraph (b) complies with section 1(3)(b) and (c) by virtue of section 71(1)(b). 2 The landlord must, before the expiry of the period of 2 years beginning with the appointed day, allocate the cumulo renewal premium between the leases mentioned in subsection (1)(a). 3 The allocation under subsection (2) must be in such proportions as are reasonable in all the circumstances. 4 For the purposes of subsection (3)— a the proportions are presumed to be reasonable in so far as they accord with any apportionment of the cumulo renewal premium that was effective immediately before the appointed day, b where there is no such apportionment, the proportions are presumed to be reasonable in so far as they accord with any allocation of rent under section 40. 5 The renewal premium payable from the appointed day under a lease which is not wholly extinguished by virtue of Part 1 is (subject to section 43) the renewal premium allocated to the lease under subsection (2). Partially continuing leases: allocation of renewal premium 43 1 This section applies to a lease which— a contains a renewal obligation, b complies with section 1(3)(b) and (c) by virtue of section 71(1)(b), and c is a partially continuing lease. 2 The landlord must, before the expiry of the period of 2 years beginning with the appointed day, allocate the renewal premium between the converted subjects and continuing subjects. 3 For the purposes of subsection (2), the renewal premium is— a the renewal premium payable under the lease immediately before the appointed day, or b where a cumulo renewal premium is allocated to the lease under section 42(2), the premium so allocated. 4 The allocation under subsection (2) must be in such proportions as are reasonable in all the circumstances. 5 For the purposes of subsection (4), the proportions are presumed to be reasonable in so far as they accord with any allocation of rent under section 41. 6 The renewal premium payable from the appointed day under the partially continuing lease is the renewal premium allocated to the continuing subjects under subsection (2). Allocation disputed or not made Allocation disputed or not made: reference to Lands Tribunal 44 1 This section applies where— a a tenant under a lease referred to in section 39(1)(a) disputes the allocation made under section 39(2), b a tenant under a lease referred to in section 40(5) disputes the allocation made under section 40(2), c a tenant under a lease referred to in section 42(5) disputes the allocation made under section 42(2), d a tenant under a partially continuing lease disputes the allocation made under section 41(1) or section 43(2), e a landlord under a lease referred to in section 40(5) or 42(5) does not, within the period of 2 years beginning with the appointed day, give notice to a tenant of an allocation under section 40(2) or 42(2), or f a landlord under a partially continuing lease does not, within the period of 2 years beginning with the appointed day, give notice to a tenant of— i an allocation under section 41(1), or ii where section 43 applies to the lease, an allocation under subsection (2) of that section. 2 The tenant may apply to the Lands Tribunal for an order— a where this section applies by virtue of subsection (1)(a), fixing the annual rent payable under the lease from the day the landlord gave notice to the tenant of the allocation, b in any other case, fixing the annual rent or (as the case may be) the renewal premium payable under the lease from the appointed day. 3 Where this section applies by virtue of subsection (1)(a) to (d), an application under subsection (2) must be made before the expiry of the period of 56 days beginning with the day on which the landlord gives notice to the tenant of the allocation. Part 4 Compensation for loss of landlord's rights Compensatory payment Requiring compensatory payment 45 1 This section applies where, on the appointed day, the rights of a landlord under a lease are extinguished by virtue of Part 1. 2 The former landlord under such a lease may serve on the former tenant a notice in the prescribed form requiring that a compensatory payment be made to the former landlord by the former tenant. 3 The compensatory payment must be— a calculated in accordance with section 47, and b specified in the notice. 4 A notice served under subsection (2) must be— a served before the expiry of the period of 2 years beginning with the appointed day, and b accompanied by a copy of the prescribed explanatory note. 5 Where the compensatory payment required is equal to or greater than £50, the former landlord must, together with the notice served under subsection (2), serve on the former tenant an instalment document. 6 This section is subject to section 56. 7 In this Act— “ compensatory payment ” means a payment of the kind mentioned in subsection (2), “ instalment document ” is to be construed in accordance with section 57(2). Making compensatory payment 46 1 This section applies where the former landlord has served notice in accordance with section 45. 2 The former tenant must, before the expiry of the period of 56 days beginning with the day on which the notice is served, make the compensatory payment to the former landlord. 3 Subsection (2) is subject to section 57. Calculation of compensatory payment Calculation of the compensatory payment 47 The compensatory payment in relation to a lease is calculated as follows— Step 1 Determine the annual rent ( AR ) in accordance with section 48. Step 2 Calculate the notional annual renewal premium (NARP) (if any) in accordance with section 49. Step 3 Calculate the annual income (AI) according to the following formula— AI = AR + NARP . Step 4 Calculate the sum of money which would, if invested in 2.5 per cent Consolidated Stock at the middle market price at the close of business last preceding the appointed day, produce an annual sum equal to AI. The sum calculated is the compensatory payment. Annual rent Determination of the annual rent 48 1 For the purposes of section 47, the annual rent in relation to a lease is— a where the lease is not a partially continuing lease and the rent payable immediately before the appointed day was a cumulo rent, the annual rent allocated to the lease under section 40, b where the lease is a partially continuing lease, the annual rent allocated to the converted subjects under section 41, c in any other case, the annual rent payable under the lease. 2 Any rent payable under the lease which is expressed wholly or partly in non-monetary terms is, to the extent that it is so expressed, to be left out of account. 3 Any rent payable under the lease which is variable from year to year is, to the extent that it is so variable, to be left out of account. Renewal premiums Calculation of notional annual renewal premium 49 1 This section applies where— a a lease contains a renewal obligation, b the renewal premium (determined in accordance with subsection (3)) next payable on or after the appointed day is less than or equal to £100, and c the lease complies with section 1(3)(b) and (c) by virtue of section 71(1)(b). 2 For the purpose of section 47, the notional annual renewal premium is calculated according to the following formula— NARP = RP Y where— NARP is the notional annual renewal premium, RP is the renewal premium (determined in accordance with subsection (3)) next payable on or after the appointed day, Y is the renewal period (expressed as a number of years). 3 The renewal premium is— a where the lease is not a partially continuing lease and the renewal premium payable immediately before the appointed day was a cumulo renewal premium, the renewal premium allocated to the lease under section 42, b where the lease is a partially continuing lease, the renewal premium allocated to the converted subjects under section 43, c in any other case, the renewal premium payable under the lease. Additional payment Claiming additional payment 50 1 This section applies where, on the appointed day, a right of a landlord under a lease, being a right mentioned in section 51(1), is extinguished by virtue of Part 1. 2 The former landlord under the lease may serve on the former tenant a notice claiming that a payment, calculated in accordance with section 52, be made to the former landlord by the former tenant in respect of the extinction of the right (such payment being referred to in this Act as an “additional payment”). 3 Where— a the lease mentioned in subsection (1) is a superior lease, and b the extinguished right is a right referred to in section 51(1)(e) to (g), references to the “ former tenant ” in subsection (2) and sections 52 to 55 and 57 to 59 are to be construed as references to the former tenant under the qualifying lease. 4 The notice served under subsection (2) must— a be served before the expiry of the period of 2 years beginning with the appointed day, b be in the prescribed form, c be accompanied by a copy of the prescribed explanatory note, d set out the right which has been extinguished and in respect of which the claim is made, e specify the amount of additional payment claimed and the basis on which the amount is calculated, and f where the claim is in respect of a right to development value, set out the basis on which the development value is reserved under the lease. 5 Where the additional payment claimed is equal to or greater than £50, the former landlord must, together with the notice served under subsection (2), serve on the former tenant an instalment document. 6 This section is subject to section 56. Extinguished rights 51 1 The rights referred to in section 50(1) are— a any right to a rent to the extent that such right is expressed wholly or partly in non-monetary terms, b any right to have the amount payable as rent reviewed or increased from time to time, c any right to a rent to the extent that the amount payable is variable from year to year, d any right to receive a premium (other than a renewal premium which satisfies the condition in section 49(1)(b)) in return for renewing the lease after a fixed period, where, by virtue of section 71(1)(b) such a renewal is required in order for the lease to comply with section 1(3)(b) and (c), e any right to resume natural possession of the land subject to a lease upon expiry of the lease, provided that the lease would expire no later than the end of the period of 200 years beginning with the appointed day, f any right, other than a right of pre-emption, enabling a lease to be terminated earlier than the date on which the lease would otherwise expire, providing that such right— i is exercisable no later than the end of the period of 200 years beginning with the appointed day, ii is not a provision of the lease purporting to terminate the lease, or entitling the landlord to terminate it, in the event of a failure of the tenant to comply with any provision of the lease, iii is not a provision of the lease deeming such a failure to be a material breach of contract, and iv does not become a real burden by virtue of section 16, 19 or 23, and g any right to development value, providing that such right does not become a real burden by virtue of section 16 or 19. 2 In this Part— “ development value ” means any significant increase in the value of a lease arising as a result of the subjects of the lease becoming free to be used, or dealt with, in some way not permitted under the lease, and any reference to a “ right to development value ” means a right to the benefit of any development value of a lease where— the lease was granted subject to a condition, enforceable by the landlord, reserving to the landlord the benefit (whether wholly or in part) of any development value, and the consideration (including rent) paid for, or payable under, the lease was— nominal, or significantly lower than it would have been had the lease not been subject to the condition. Calculating additional payment 52 1 This section applies for the purpose of calculating the amount of an additional payment. 2 The extinguished right mentioned in section 51(1) is to be valued as at the appointed day. 3 In the case of a claim for an additional payment arising from the extinction of the right mentioned in section 51(1)(e), the value mentioned in subsection (2) must represent the value which the right could reasonably be expected to obtain if sold on the open market by a willing seller to a willing buyer. 4 For the purposes of subsection (3)— a it is to be presumed that the lease will continue until the expiry of the period for which it was granted, and b no account should be taken of— i any factor attributable to the known existence of a person (including the former tenant) who would be willing to buy the right at a price higher than other persons because of a characteristic of the right which relates peculiarly to that person's interest in buying it, and ii any depreciation in the value of any other land owned by the former landlord. 5 Any obligations of the former landlord arising from the lease which are, on the appointed day, extinguished by virtue of Part 1 must be taken into account. 6 But no account is to be taken of any such obligation in so far as it is preserved as a counter-obligation to a real burden. 7 Any other entitlement (including under this Act) of the former landlord to recover any loss for which the additional payment is claimed must be taken into account. 8 In the case of a claim for an additional payment arising from the extinction of a right to development value, the additional payment may not exceed such sum as would make up for any effect which the right produced, at the time when the condition reserving the right was imposed, in reducing the consideration (including rent) paid for or payable under the lease. Additional payment: former tenant agrees 53 1 This section applies where— a a former landlord has served on the former tenant a notice in accordance with section 50, and b the former tenant agrees to make the additional payment specified in the notice to the former landlord. 2 The former tenant must, before the expiry of the period of 56 days beginning with the day on which the notice is served, make the additional payment to the former landlord. 3 Subsection (2) is subject to section 57. Additional payment: amount mutually agreed 54 1 This section applies where— a a former landlord has served on the former tenant a notice in accordance with section 50(2), and b the former tenant and the former landlord agree the amount of the additional payment, being an amount other than that specified in the notice. 2 The former landlord may, before the expiry of the period of 5 years beginning with the appointed day, serve on the former tenant a notice requiring that the agreed additional payment be made to the former landlord by the former tenant. 3 The notice referred to in subsection (2) must— a specify the agreed additional payment, b be in the prescribed form, and c be accompanied by a copy of the prescribed explanatory note. 4 Where the agreed additional payment is equal to or greater than £50, the former landlord must, together with the notice served under subsection (2), serve an instalment document on the former tenant. 5 The former tenant must, before the expiry of the period of 28 days beginning with the day on which the notice is served under subsection (2), make the additional payment to the former landlord. 6 Subsection (5) is subject to section 57. Claim for additional payment: reference to Lands Tribunal 55 1 If no agreement has been reached under section 53 or 54, the— a former landlord, or b former tenant, may refer any matter arising in relation to a claim for an additional payment under section 50 to the Lands Tribunal. 2 In determining any such matter, the Lands Tribunal may make such order as it thinks fit (including an order fixing the amount of additional payment). 3 Where the Lands Tribunal makes an order fixing an additional payment which is equal to or greater than £50 it must provide the former tenant with the option of making the payment in instalments in accordance with section 57 but— a no instalment document is required, b in subsection (3)(b) of that section, for the words “when so returning such document” there is to be substituted “ before the expiry of the period of 28 days beginning with the day on which the Lands Tribunal makes the order fixing the additional payment ” , and c the reference in subsection (4) of that section to the date on which the instalment document is served is to be construed as a reference to the date on which the Lands Tribunal makes the order. 4 A reference under subsection (1) must be made before the expiry of the period of 5 years beginning with the appointed day. Supplementary Claims in excess of £500: preliminary notice 56 1 This section applies where a landlord intends, after the appointed day, to require or (as the case may be) claim from the tenant under a qualifying lease— a a compensatory payment which is, b an additional payment which is, or c two or more additional payments which, taken together, are, likely to exceed £500. 2 The landlord must, not later than 6 months before the appointed day, serve on the person registered as tenant a notice (such notice being referred to in this Act as a “preliminary notice”) stating the landlord's intention to require or (as the case may be) claim such a payment. 3 The preliminary notice must— a be in the prescribed form, b state— i the amount of compensatory payment to be required or (as the case may be) additional payment to be claimed, or ii where such amount cannot be determined, the best estimate of such amount, and c be accompanied by a copy of the prescribed explanatory note. 4 Where a preliminary notice has not been served in accordance with this section— a the amount of compensatory payment required under section 45(2), b the amount of additional payment claimed under section 50(2), or c where two or more additional payments are claimed, the total amount of such payments, may not exceed £500. Making payment by instalments 57 1 This section applies where an instalment document under section 45(5), 50(5) or 54(4) is served on a former tenant. 2 An instalment document must be— a a filled out document in the prescribed form, and b accompanied by a copy of the prescribed explanatory note. 3 Subject to subsection (4), the former tenant obtains the option of making the compensatory or (as the case may be) additional payment by instalments only if— a the former tenant signs, dates and returns the instalment document within the period which (but for this section) is allowed for making that payment— i in the case of a compensatory payment, under section 46, or ii in the case of an additional payment, under section 53(2) or (as the case may be) 54(5), and b when so returning such document, the former tenant pays to the former landlord an amount equivalent to one tenth of the payment (such amount being payable in addition to the payment and irrespective of how or when such payment is subsequently made). 4 If on or after the date on which an instalment document is served on the former tenant under a qualifying lease the former tenant ceases, by virtue of a sale or transfer for valuable consideration, to have right to the land in respect of which the claim for payment has been made or any part of that land then— a where the former tenant has obtained the option mentioned in subsection (3), the former tenant loses that option and the outstanding balance of the entire payment falls due on the seventh day after the day on which the former tenant ceases to have that right, and b where the former tenant has not obtained that option, the former tenant loses the right to obtain it and the following apply accordingly— i in the case of a compensatory payment, section 46(2), or ii in the case of an additional payment, section 53(2) or (as the case may be) 54(5). 5 Subsections (6) to (8) apply where the option of making the payment by instalments is obtained. 6 The instalments are to be equal instalments payable on the term days of Whitsunday and Martinmas which follow the making of the payment under subsection (3)(b). 7 The number of instalments is set out in the following table— Amount of compensatory or additional payment Number of instalments £50 or more than £50 but no more than £500 5 More than £500 but no more than £1,000 10 More than £1,000 but no more than £1,500 15 More than £1,500 20 8 In a case where any instalment payable by virtue of subsections (6) and (7) remains unpaid for 42 days after falling due, the outstanding balance of the entire payment immediately falls due. 9 In any other case, the former tenant may pay that outstanding balance at any time. Collecting third party to disclose information 58 1 This section applies where a landlord or (as the case may be) former landlord receives or has at any time received from a third party an amount— a collected in respect of rent from, and b remitted to the landlord or former landlord on behalf of, a tenant or (as the case may be) former tenant. 2 The third party must— a if required by the landlord or (as the case may be) former landlord for the purpose of serving notice under section 45(2), b in so far as it is practicable, and c as soon as is reasonably practicable, disclose to the landlord or former landlord the information mentioned in subsection (3). 3 The information referred to in subsection (2) is— a the identity and address of the tenant or former tenant, and b in a case where the rent remitted is part of a cumulo rent, the amount so collected from the tenant or former tenant. Duty to disclose identity etc. of former tenant 59 1 This section applies where— a a former landlord purports to serve notice under section 45(2) or 50(2) on the former tenant, and b the person on whom that notice is served— i was the tenant at some time before the appointed day, but ii is not the former tenant. 2 The person on whom the notice is served must as soon as is reasonably practicable disclose to the former landlord— a the identity and address of the former tenant, or b (if that person cannot do so) such other information as that person has which might enable the former landlord to discover that identity and address. Prescription of requirement to make payment 60 In Schedule 1 to the Prescription and Limitation (Scotland) Act 1973 (c.52) (which specifies obligations affected by prescriptive periods of 5 years under section 6 of that Act)— a in paragraph 1, after sub-paragraph (ac) there is inserted— aca to any obligation to make a payment under section 46, 53(2) or 54(5) of the Long Leases (Scotland) Act 2012 (asp 9), , and b in paragraph 2(e), for the words “, (aa), (ab) or (ac)” substitute “ to (aca) ” . Interpretation of Part 4 61 1 In this Part— “ former landlord ”, in relation to a lease, means the person who was the landlord immediately before the appointed day, and “ former tenant ”, in relation to a lease, means the person who was the tenant immediately before the appointed day. 2 Where, immediately before the appointed day, the right as tenant under a lease is held by two or more persons in common— a they are— i severally liable to make any compensatory or (as the case may be) additional payment, ii as between themselves, liable in the proportions in which they hold the right as tenant, and b subject to section 74, they are together to be treated for the purposes of this Part as being a single tenant. Part 5 Exemption from conversion and continuing leases Exempt leases Exempt leases 62 1 If, immediately before the appointed day, land is subject to an exempt lease— a that lease does not become the right of ownership of the land, b any right of ownership of that land existing immediately before the appointed day and any superior lease is not extinguished, and c the provisions of this Act, in so far as they relate to— i the conversion of a qualifying lease into the right of ownership, or ii the extinction of a right of ownership or (as the case may be) lease, do not apply. 2 In this Part, “ exempt lease ” is to be construed in accordance with sections 63 to 66. Types of exempt lease Exemption of qualifying lease by registration of notice 63 A lease is an exempt lease if— a it is a qualifying lease, and b the tenant under the lease, not later than 2 months before the appointed day, executes and registers a notice in the prescribed form (referred to in this Act as an “exemption notice”). Exemption of qualifying lease by registration of agreement or order 64 1 A lease is an exempt lease if— a it is a qualifying lease, b it is not a lease in relation to which cumulo rent is payable, and c the landlord, not later than 2 months before the appointed day, registers against the title of the tenant— i an agreement entered into with the tenant, or ii an order made by the Lands Tribunal under section 69. 2 The agreement must— a be in the prescribed form, b be signed by or on behalf of the landlord and the tenant, c state either— i that the annual rent payable under the lease immediately before the appointed day will be over £100, or ii that the annual rent paid under the lease was over £100 at any point during the relevant period. 3 The relevant period is the period of 5 years ending on the day the Bill for this Act received Royal Assent. Certain leases registered near or after the appointed day 65 A lease is an exempt lease if— a it is not registered on the day falling 1 year before the appointed day, b it would, had it been so registered, have been converted on the appointed day into a right of ownership under section 4(1)(a), c despite not being registered, it constitutes a real right in land, and d it is subsequently registered (whether before, on or after the appointed day). Subleases of exempt leases 66 A sublease of an exempt lease is an exempt lease if— a it would have been converted on the appointed day into a right of ownership under section 4(1)(a), had the sublease been registered immediately before the appointed day, and b it is registered (before, on or after the appointed day). Recall of exemption Recall of exemption 67 1 This section applies in relation to a lease where— a the lease is an exempt lease (other than by virtue of section 64), and b the tenant under the lease executes and registers a notice in the prescribed form (referred to in this Act as a “recall notice”). 2 On the day on which the recall notice is registered (“the registration day”) the lease ceases to be an exempt lease. 3 Where the registration day— a is less than 6 months before the appointed day, b is the appointed day, or c is after the appointed day, this Act applies as if the appointed day were the first Whitsunday or (as the case may be) Martinmas occurring on or after the day which falls 6 months after the registration day. 4 Section 56 does not apply in relation to the lease. Supplementary Exemption and recall notices: supplementary 68 1 Subsections (2) and (3) apply to a tenant under a lease where— a the lease is a qualifying lease and the tenant intends to execute and register an exemption notice, or b the lease is an exempt lease and the tenant intends to execute and register a recall notice. 2 Except where it is not reasonably practicable to do so, the tenant must, before the notice is executed, send by post to the person registered as landlord under the lease and (as the case may be) the person registered as landlord under any superior lease a copy of— a the notice, and b the prescribed explanatory note. 3 Before the notice is executed, the tenant must state in the notice either— a that a copy of the notice has been sent in accordance with subsection (2), or b that it was not reasonably practicable for such a copy to be sent (and the reasons why that was so). 4 An exemption notice or (as the case may be) recall notice must be registered against the title of the tenant who executed the notice. Application to Lands Tribunal for order confirming rent 69 1 A landlord under a lease may apply to the Lands Tribunal for an order confirming either— a that the annual rent payable under the lease immediately before the appointed day will be over £100, or b that the annual rent paid under the lease was over £100 at any point during the relevant period. 2 The relevant period is the period of 5 years ending on the day the Bill for this Act received Royal Assent. 3 An application may be made under subsection (1) only if the landlord has first attempted to reach agreement as respects the annual rent with the tenant under the lease. 4 The application— a must include a description by the landlord of the requisite attempt to reach agreement, and b must be made not later than 1 year after the day on which this section comes into force. 5 The Lands Tribunal must give notice of the application, whether by way of advertisement or otherwise, to the tenant. 6 The tenant may oppose or make representations in relation to the application. 7 The Land Tribunal must allow the tenant to be heard in relation to the application. 8 The decision of the Lands Tribunal on an application under subsection (1) is final. 9 A tenant opposing an application made under subsection (1) incurs no liability in respect of expenses incurred by the landlord unless, in the opinion of the Lands Tribunal, the actings of the tenant are vexatious or frivolous. Part 6 General and miscellaneous The appointed day The appointed day 70 In this Act, the “ appointed day ” means the first Martinmas occurring on or after the day 2 years after the day on which this section comes into force. Duration of lease etc. Determining duration of lease 71 1 In calculating the period for which a lease is granted for the purposes of any provision of this Act— a any provision of a lease (however expressed) enabling the lease to be terminated earlier than the date on which it would otherwise terminate must be disregarded, b where a lease includes provision (however expressed) requiring the landlord to renew the lease, the period for which any such renewed lease would, were that provision complied with, be granted must be added to the period for which the original lease is granted, c where the period for which a lease is granted is expressed (in whole or in part) by reference to the lifetime of a person, the period expressed by reference to that lifetime is— i in a case where such person is deceased and the period beginning on the first day of the period for which the lease was granted and ending on the day that person died can be ascertained, that period, ii in a case where such person is identifiable and is not deceased, deemed to be the period of life expectancy as calculated in accordance with the table of life expectancy set out in regulations made by the Scottish Ministers, or iii in any other case, deemed to be a period of 35 years, and d where, before the end of the period for which a lease is granted, the parties to that lease enter into a subsequent lease— i of the same subjects as the original lease, and ii for a period beginning immediately after the end of the period for which such lease is granted, the period for which the subsequent lease is granted must be added to the period for which the original lease is granted. 2 Subsection (1)(b) to (d) is subject to section 67 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) (prohibition of leases of more than 175 years). Leases continuing on tacit relocation 72 Part 4 and section 71(1)(b) apply in relation to a lease which is continuing by tacit relocation as if any provision (however expressed)— a included in the lease prior to it so continuing, and b requiring the landlord to renew the lease, had been complied with. Extinction of right of irritancy in certain leases Extinction of right of irritancy in certain leases 73 1 On and after the day on which this section comes into force, it is not competent for a lease to which subsection (2) applies to be terminated by irritancy. 2 This subsection applies to a lease which, immediately before the day on which this section comes into force, is a right of lease in land which— a complies with section 1(3), or b had it been registered, would comply with that section. 3 But subsection (2) does not apply to a lease which, on the day this section comes into force, is an exempt lease by virtue of section 64. 4 Any proceedings already commenced to enforce any right of irritancy in relation to a lease to which subsection (2) applies are deemed to be abandoned on the day on which this section comes into force and may, without further process and without any requirement that full judicial expenses be paid by the pursuer, be dismissed accordingly. 5 Subsection (4) does not affect any cause in which final decree (that is to say, any decree or interlocutor which disposes of the cause and is not subject to appeal or review) is granted before the coming into force of this section. Notices etc. Service of notices 74 1 Service of a notice on a person under section 17(1)(a) or Part 4 must be effected— a by delivering it to the person, b by sending it to the person at a place mentioned in subsection (2)— i by a registered post service (as defined in section 125(1) of the Postal Services Act 2000 (c.26)), or ii by a postal service which provides for the delivery of the notice to be recorded, c in a case where a notice sent under paragraph (b) is returned to the person who sent it with an intimation that it could not be delivered— i by delivering it, or ii by sending it by post, with that intimation to the Extractor of the Court of Session. 2 The place referred to in subsection (1)(b) is— a the person's place of residence, b the person's place of business, c a postal address which the person ordinarily uses, or d if none of those places or that address is known at the time of delivery or posting, whatever place is at that time the person's most recently known— i place of residence, ii place of business, or iii postal address which the person ordinarily used. 3 For the purposes of this Act, any of the following is sufficient evidence of service of the notice— a an acknowledgement in the prescribed form signed by the person on whom the notice is served, b in the case of a notice sent under subsection (1)(b), a certificate in the prescribed form signed by the sender of the notice and accompanied by the postal receipt, c in the case of a notice delivered or sent under subsection (1)(c), an acknowledgement of receipt by the Extractor on a copy of the notice. 4 The date on which a notice is served on a person is the date of delivery or (as the case may be) posting of the notice. 5 In this section, “ notice ” includes an instalment document. Notices: pre-registration requirements 75 1 This section applies in relation to any notice which is to be submitted for registration under section 8 or Part 2. 2 Except where it is not reasonably practicable to do so, the person who intends to execute the notice must, before so doing, send by post to the tenant under the qualifying lease (addressed to “The Tenant” where the name of that person is not known) a copy of— a the notice, and b the prescribed explanatory note relating to the notice. 3 The person who executes the notice must, in the notice, state either— a that a copy of the notice has been sent in accordance with subsection (2), or b that it was not reasonably practicable for such a copy to be sent (and the reasons why that was so). Keeper's duty as regards documents 76 1 In relation to any notice submitted for registration under this Act, the Keeper is not required to determine whether the terms of section 68(2) or (as the case may be) 75(2) have been complied with. 2 In relation to any notice or (as the case may be) agreement submitted for registration under— a section 14, 17, 23, 24, 25, 26, 27 or 28, the Keeper is not required to determine whether, for the purposes of registering the notice or agreement, a qualifying condition is enforceable by the person submitting the notice or agreement for registration, b section 14, the Keeper is not required to determine— i in pursuance of subsection (3)(e) of that section, that an attempt to reach agreement has been made in accordance with section 21(3), or ii where the condition specified under subsection (3)(f) of that section is the condition mentioned in subsection (4)(a) of that section, whether the terms of that condition are satisfied, c section 17, the Keeper is not required to determine whether the requirements of section 17(1)(a) are satisfied, or d section 24 to 26, the Keeper is not required to determine whether— i for the purposes of subsection (1) of the section in question, a qualifying condition is imposed for the reasons mentioned in that subsection, or ii the statement made in pursuance of section 24(2)(g), 25(2)(f) or (as the case may be) 26(2)(g) is correct. 3 The Keeper is not required to determine for the purposes of section 8(7) whether immediately before the appointed day a sporting right is still enforceable. 4 The Keeper is not required to determine for the purposes of section 16, 19, 23(7), 24(4), 25(4), 26(4), 27(5) or 28(5) whether immediately before the appointed day a qualifying condition is, or is still, enforceable, or by whom. 5 In relation to any order submitted for registration under section 64(1)(c)(ii), the Keeper is not required to determine that an attempt to reach agreement has been made in accordance with section 69(3). Disputed notices: reference to Lands Tribunal 77 1 A dispute arising in relation to a notice registered under this Act may be referred to the Lands Tribunal. 2 In determining the dispute, the Lands Tribunal may make such order as it thinks fit discharging or, to such extent as may be specified in the order, restricting the notice in question. 3 An order under subsection (2) has effect in respect of a third party when an extract of the order is registered. Certain documents registrable despite initial rejection 78 1 This section applies where one of the following is rejected by the Keeper— a a notice submitted before the appointed day for registration under section 8(2) or Part 2, b an agreement submitted before the appointed day for registration under section 17(1)(c), c an exemption notice submitted before the day falling 2 months before the appointed day for registration under section 63, or d an agreement submitted before the day falling 2 months before the appointed day for registration under section 64(1)(c). 2 Where a court or the Lands Tribunal determines the notice or agreement is registrable, it may be registered not later than the day falling 2 months after the day on which the court or the Lands Tribunal made the determination. 3 An exemption notice or an agreement mentioned in subsection (1)(d) which is registered under subsection (2) on or after the day falling 2 months before the appointed day is to be treated as if it had been registered before that day. 4 Any other notice or agreement which is registered under subsection (2) on or after the appointed day is to be treated as if it had been registered before the appointed day. 5 The Scottish Ministers may by order— a specify a date after which (or a period after the expiry of which) notices and agreements cannot be registered under subsection (2), b provide that subsection (2) applies only where the application to the court or to the Lands Tribunal which resulted in the determination is made within such period as the order may specify. 6 In this section, “ court ” means Court of Session or sheriff. Miscellaneous Amendments to enactments 79 The schedule makes minor and consequential amendments. Interpretation 80 1 In this Act, unless the context otherwise requires— “ the 2003 Act ” means the Title Conditions (Scotland) Act 2003 (asp 9), “ additional payment ” has the meaning given by section 50, “ appointed day ” has the meaning given by section 70, “ compensatory payment ” has the meaning given by section 45, “ cumulo renewal premium ” has the meaning given by section 38(1), “ cumulo rent ” has the meaning given by section 38(1), “ exempt lease ” has the meaning given by section 62, “ freshwater fish ” means any fish living in fresh water— including trout and eels (and the fry of eels), excluding salmon and any kind of fish which migrate between the open sea and tidal waters, “harbour” and “harbour authority” have the meanings given by section 57(1) of the Harbours Act 1964 (c.40), “ Keeper ” means Keeper of the Registers of Scotland, “ land ” includes anything held or which, by its nature, may be held as a separate tenement, “ landlord ”, in relation to a lease, means the person who has right as landlord under the lease whether or not such person has completed title (and, where more than one person comes within that description, the person who most recently acquired that right), “ Lands Tribunal ” means Lands Tribunal for Scotland, “ lease ” includes a sublease, “ owner ”, in relation to any land, means the person who has right to the land whether or not such person has completed title (and, where more than one person comes within that description, the person who most recently acquired that right), “ partially continuing lease ” has the meaning given by section 37, “ prescribed ” means prescribed by the Scottish Ministers in regulations, “ qualifying lease ” has the meaning given by section 1(1), “ qualifying condition ” means a condition which qualifies under section 10, “ Register of Sasines ” has the same meaning as in section 2 of the Conveyancing (Scotland) Act 1924 (c.27), “ registered ” means registered in the Land Register of Scotland or (as the case may be) recorded in the Register of Sasines; and cognate expressions are to be construed accordingly, “ renewal obligation ” has the meaning given by section 37, “ renewal period ” has the meaning given by section 37, “ renewal premium ” has the meaning given by section 37, “ sporting right ” has the meaning given by section 8(1), “ superior lease ” has the meaning given by section 4, and “ tenant ”, in relation to a lease, means the person who has right as tenant under the lease, whether or not such person has completed title (and where more than one person comes within that description, the person who most recently acquired that right). 2 Subject to the provisions of this Act, expressions used in this Act and in the 2003 Act have the same meaning in this Act as they do in that Act. Ancillary provision 81 1 The Scottish Ministers may by order make such supplementary, incidental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of or in connection with this Act. 2 Subject to subsection (3), an order under subsection (1) is subject to the negative procedure. 3 An order under subsection (1) which adds to, replaces or omits any part of the text of an Act (including this Act) is subject to the affirmative procedure. Subordinate legislation 82 1 Any power of the Scottish Ministers to make an order under section 78(5) or regulations under this Act includes power to make— a such incidental, consequential, supplementary, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient, and b different provision for different purposes. 2 Orders under section 78(5) and regulations under this Act are subject to the negative procedure. Commencement 83 1 Sections 81 and 82, this section and section 84 come into force on the day of Royal Assent. 2 The other 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 such transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient in connection with the commencement of this Act. Short title 84 The short title of this Act is the Long Leases (Scotland) Act 2012. SCHEDULE Minor and consequential amendments (introduced by section 79) Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) 1 In section 9(2B) (no standard security over personal pre-emption burden or personal redemption burden) of the Conveyancing and Feudal Reform (Scotland) Act 1970, after the words “Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)” insert “ or as the case may be of section 23 of the Long Leases (Scotland) Act 2012 (asp 9)) ” . Tribunals and Inquiries Act 1992 (c.53) 2 In section 11(7) of the Tribunal and Inquiries Act 1992 (which makes provision for Scotland in relation to appeals from certain tribunals), in paragraph (c)— a the words after “under” become sub-paragraph (i), and b after that sub-paragraph insert— ii section 21 of the Long Leases (Scotland) Act 2012 (asp 9) (applications in relation to the conversion of certain conditions in leases into real burdens); or iii section 69 of that Act (applications in relation to confirmation of rent); . Title Conditions (Scotland) Act 2003 (asp 9) 3 1 The 2003 Act is amended in accordance with this paragraph. 2 In section 12 (division of a benefited property), in subsection (4)(a), after “Act” insert “ or sections 29 or 31 of the Long Leases (Scotland) Act 2012 (asp 9) ” . 3 In section 20 (notice of termination of real burdens), after subsection (6) insert— 7 This section applies to a real burden created by the conversion of a qualifying condition under Part 2 of the Long Leases (Scotland) Act 2012 (asp 9) as if the reference to the “ constitutive deed ” were a reference to the deed setting out the qualifying condition. . 4 In section 63 (manager burdens)— a in subsection (4)(d), for “the case mentioned in subsection (6)” substitute “ either of the cases mentioned in subsection (6) or (6A) ” , b in subsection (5)(a), for “the case” substitute “ either of the cases ” , c after subsection (6), insert— 6A The case is where— a a leasehold condition is imposed on the disposal, by virtue of section 61 of the Housing (Scotland) Act 1987 as modified by section 84A of that Act (application of right to buy in cases where landlord is lessee), of a landlord's interest in a property by— i a person such as is mentioned in any of the sub-paragraphs of subsection (2)(a) of section 61; or ii a predecessor of such a person, to a tenant of such a person; and b that condition is converted into a manager burden under section 30 of the Long Leases (Scotland) Act 2012 (asp 9) (conversion of qualifying conditions into manager burdens). , and d in subsection (8)(b)— i for “that” substitute “ those ” , and ii for “subsection (6)” substitute “ subsections (6) or (6A) ” . 5 In section 105 (consequential alterations to Land Register)— a in subsection (2), for the words from “section”, where it first occurs, to “Act”, where it second occurs, substitute — a section 18, 19 or 20 of the 2000 Act; b section 15 or 18 of the Long Leases (Scotland) Act 2012 (asp 9); or c section 4(5), 50, 75 or 80 of this Act, , and b in subsection (3), after paragraph (a) insert— aa any— i notice under section 14 of the Long Leases (Scotland) Act 2012; or ii agreement under section 17 of that Act, which converts a qualifying condition (within the meaning of that Act) into a real burden; . 6 In section 122 (interpretation), subsection (1)— a in the definition of “conservation burden” the word “or” immediately following sub-paragraph (a) is repealed and after sub-paragraph (b) insert— c obtained by virtue of section 27 of the Long Leases (Scotland) Act 2012 (asp 9) (conversion of qualifying condition to conservation burden); or d obtained by virtue of section 28 of that Act (conversion of qualifying condition to conservation burden where conservation body or Scottish Ministers nominated to enforce); , b in the definition of “economic development burden”, at the end insert “ and to a real burden created under section 24 of the Long Leases (Scotland) Act 2012 (asp 9) (conversion of qualifying condition to economic development burden) ” , c in the definition of “health care burden”, at the end insert “ and to a real burden created under section 25 of the Long Leases (Scotland) Act 2012 (asp 9) (conversion of qualifying condition to health care burden) ” , d in the definition of “personal pre-emption burden” and “personal redemption burden” after the word “Act” insert “ and section 23(1) of the Long Leases (Scotland) Act 2012 (asp 9) ” . S. 1 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(a) S. 2 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(a) S. 3 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(a) S. 4 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(a) S. 5 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(a) S. 6 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(a) S. 7 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(a) S. 10 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(b) S. 11 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(b) S. 12 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(b) S. 29 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(c) S. 30 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(c) S. 31 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(c) S. 32 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(c) S. 33 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(c) S. 34 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(c) S. 35 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(c) S. 36 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(c) S. 45 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(d) S. 46 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(d) S. 47 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(d) S. 48 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(d) S. 49 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(d) S. 50 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(d) S. 51 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(d) S. 52 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(d) S. 53 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(d) S. 54 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(d) S. 55 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(d) S. 57 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(e) S. 58 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(e) S. 59 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(e) S. 60 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(e) S. 61 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(e) S. 62 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(e) S. 65 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(f) S. 66 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(f) S. 68 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(g) S. 70 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(h) S. 71 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(h) S. 72 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(h) S. 74 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(i) S. 75 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(i) S. 76 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(i) S. 79 in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(I) Sch. para. 3(2)-(4) in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(I) S. 78(5) (6) in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(j) S. 80 in force at 28.11.2013 by S.S.I. 2013/322 , art. 2(k) S. 14(3)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 17(4)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 23(3)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 24(2)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 25(2)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 26(2)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 27(3)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 28(3)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 56(3)(a)(c) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 63(b) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 64(2)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 67(1)(b) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 8(2) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322 , art. 2(m) , Sch. S. 8(1)(3)-(11) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(a) S. 8(2) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(a) S. 9 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(a) S. 13 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 14(3)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(b) S. 14(1)(2)(3)(b)-(h)(4)-(6) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 15 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 16 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 17(4)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(b) S. 17(1)-(3)(4)(b)-(f)(5)-(7) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 18 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 19 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 20 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 21 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 22 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 23(3)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(b) S. 23(1)(2)(3)(b)-(e)(4)-(12) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 24(2)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(b) S. 24(1)(2)(b)-(g)(3)-(5) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 25(2)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(b) S. 25(1)(2)(b)-(g)(3)-(5) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 26(2)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(b) S. 26(1)(2)(b)-(g)(3)-(6) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 27(3)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(b) S. 27(1)(2)(b)-(g)(3)-(6) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 28(3)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(b) S. 28(1)(2)(3)(b)-(d)(4)-(6) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(b) S. 37 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(c) S. 38 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(c) S. 39 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(c) S. 40 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(c) S. 41 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(c) S. 42 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(c) S. 43 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(c) S. 44 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(c) S. 56(3)(a)(c) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(d) S. 56(1)(2)(3)(b)(4) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(d) S. 63(b) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(e) S. 63(a) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(e) S. 64(2)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(e) S. 64(1)(2)(b)(2)(c)(3) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(e) S. 67(1)(b) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(f) S. 67(1)(a)(2)-(4) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(f) S. 69 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(g) S. 77 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(h) S. 79 in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322 , art. 3(i) Sch. para. 1 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(i) Sch. para. 2 in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(i) Sch. para. 3(1) (5) (6) in force at 21.2.2014 by S.S.I. 2013/322 , art. 3(i) S. 78(2) modified (6.3.2014) by The Long Leases (Appeal Period) (Scotland) Order 2014 (S.S.I. 2014/8) , arts. 1 , 2 S. 78(1)-(4) in force at 6.3.2014 by S.S.I. 2013/322 , art. 4 S. 73 in force at 28.9.2015 by S.S.I. 2013/322 , art. 5
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[uk-legislation-asp][asp] 2024-05-04 Criminal Cases (Punishment and Review) (Scotland) Act 2012
http://www.legislation.gov.uk/asp/2012/7/2012-09-24
http://www.legislation.gov.uk/asp/2012/7/2012-09-24 Criminal Cases (Punishment and Review) (Scotland) Act 2012 An Act of the Scottish Parliament to amend the rules about the punishment part of non-mandatory life sentences imposed in criminal cases and to amend the rules about the disclosure of information obtained by the Scottish Criminal Cases Review Commission. text text/xml en Statute Law Database 2015-03-17 Expert Participation 2012-09-24 Criminal Cases (Punishment and Review) (Scotland) Act 2012 2012 asp 7 An Act of the Scottish Parliament to amend the rules about the punishment part of non-mandatory life sentences imposed in criminal cases and to amend the rules about the disclosure of information obtained by the Scottish Criminal Cases Review Commission. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th June 2012 and received Royal Assent on 26th July 2012 Part 1 Punishment part of non-mandatory life sentences Setting the punishment part 1 1 Part 1 (detention, transfer and release of offenders) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows. 2 In section 2 (duty to release discretionary life prisoners), in subsection (2)— a in the opening text, the words “(ignoring the period of confinement, if any, which may be necessary for the protection of the public)” are repealed, b paragraph (aa) and the word “and” immediately preceding paragraph (c) are repealed, c after paragraph (c) there is inserted ; and d in the case of a life prisoner to whom paragraph (a) or (ab) of subsection (1) above applies, the matters mentioned in section 2A(1). , d after subsection (2) there is inserted— 2A The matters mentioned in subsection (2)(a) to (c) above (taken together) are for the case of a life prisoner to whom paragraph (aa) of subsection (1) above applies; and, as respects the punishment part in the case of such a prisoner, the court is to ignore any period of confinement which may be necessary for the protection of the public. . 3 After section 2 there is inserted— Rules for section 2(2)(d) cases 2A 1 For the purpose of section 2(2)(d), the matters are— a any period of imprisonment which the court considers would have been appropriate for the offence had the court not sentenced the prisoner to imprisonment for life, or (as the case may be) not made the order for lifelong restriction, for it, b the part of that period of imprisonment which would represent an appropriate period to satisfy the requirements of retribution and deterrence, and c where appropriate, the ones mentioned in paragraphs (a) and (b) of section 196(1) of the 1995 Act. 2 But— a in the application of subsection (1)(a), the court is to ignore any period of confinement which may be necessary for the protection of the public, b subsection (1)(b) is subject to section 2B, c subsection (1)(c) is inapplicable until the court has made the assessment required by virtue of subsection (1)(a) and (b). Assessment under section 2A(1)(a) and (b) 2B 1 The part mentioned in subsection (1)(b) of section 2A in relation to the period mentioned in subsection (1)(a) of that section is— a one-half of that period, or b if subsection (2) applies, such greater proportion of that period as the court specifies. 2 This subsection applies if, taking into account in particular the matters mentioned in subsection (5), the court considers that it would be appropriate to specify as that part a greater proportion of that period. 3 In subsections (1)(b) and (2), the references to a greater proportion extend so as to include the whole of that period. 4 In subsections (1) to (3), the references to the period mentioned in subsection (1)(a) of section 2A are to that period as informed by subsection (2)(a) of that section. 5 For the purpose of subsection (2), the matters are (continuing to ignore any period of confinement which may be necessary for the protection of the public)— a the seriousness of the offence, or of the offence combined with other offences of which the prisoner is convicted on the same indictment as that offence, b where the offence was committed when the prisoner was serving a period of imprisonment for another offence, that fact, and c any previous conviction of the prisoner. . 4 Part 2 (confinement and release of prisoners) of the Custodial Sentences and Weapons (Scotland) Act 2007 is amended as follows. 5 In section 20 (setting of punishment part)— a in subsection (3), the words “(ignoring any period of confinement which may be necessary for the protection of the public)” are repealed, b after subsection (4) there is inserted— 4A As respects the punishment part in the case to which subsection (4) relates, the court is to ignore any period of confinement which may be necessary for the protection of the public. , c in subsection (5)— i the word “and” immediately preceding paragraph (b) is repealed, ii in paragraph (b), for the words “, by virtue of section 6, the court would have specified as the custody part.” there is substituted “ would represent an appropriate period to satisfy the requirements of retribution and deterrence, ” , iii after paragraph (b) there is inserted and c where appropriate, the ones mentioned in paragraphs (a) and (b) of section 196(1) of the 1995 Act. , d after subsection (5) there is inserted— 5A But— a in the application of subsection (5)(a), the court is to ignore any period of confinement which may be necessary for the protection of the public, b subsection (5)(b) is subject to section 20A, c subsection (5)(c) is inapplicable until the court has made the assessment required by virtue of subsection (5)(a) and (b). . 6 After section 20 there is inserted— Assessment under section 20(5)(a) and (b) 20A 1 The part mentioned in subsection (5)(b) of section 20 in relation to the period mentioned in subsection (5)(a) of that section is— a one-half of that period, or b if subsection (2) applies, such greater proportion of that period as the court specifies. 2 This subsection applies if, taking into account in particular the matters mentioned in subsection (5), the court considers that it would be appropriate to specify as that part a greater proportion of that period. 3 In subsections (1)(b) and (2), the references to a greater proportion extend so as to include the whole of that period. 4 In subsections (1) to (3), the references to the period mentioned in subsection (5)(a) of section 20 are to that period as informed by subsection (5A)(a) of that section. 5 For the purpose of subsection (2), the matters are (continuing to ignore any period of confinement which may be necessary for the protection of the public)— a the seriousness of the offence, or of the offence combined with other offences of which the prisoner is convicted on the same indictment as that offence, b where the offence was committed when the prisoner was serving a period of imprisonment for another offence, that fact, and c any previous conviction of the prisoner. . Ancillary provision 2 1 The Scottish Ministers may by regulations make such supplemental, incidental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of or in connection with section 1. 2 Regulations under subsection (1) may (in particular) modify Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or Part 2 of the Custodial Sentences and Weapons (Scotland) Act 2007. 3 Regulations under subsection (1) are subject to the affirmative procedure. Part 2 Disclosure of information obtained by SCCRC Exception to non-disclosure rule 3 1 Part XA (Scottish Criminal Cases Review Commission) of the Criminal Procedure (Scotland) Act 1995 is amended as follows. 2 In section 194J (offence of disclosure), in subsections (1) and (2), after the words “section 194K” in each place where they occur there is inserted “ or 194M ” . 3 After section 194L there is inserted— Special circumstances for disclosure Further exception to section 194J 194M 1 The disclosure of information, or the authorisation of disclosure of information, is excepted from section 194J by this section if— a the conditions specified in subsection (2) are met, and b the Commission have determined that it is appropriate in the whole circumstances for the information to be disclosed. 2 The conditions are that— a the information relates to a case that has been referred to the High Court under section 194B(1), b the reference concerns— i a conviction, or ii a finding under section 55(2), and c the case has fallen, or has been abandoned, under the provisions or other rules applying by virtue of section 194B(1). Effect of the exception 194N 1 Where the disclosure of information is excepted from section 194J by section 194M, the disclosure of the information is not prevented by any obligation of confidentiality or other limitation on disclosure arising otherwise than under section 194J. 2 For the purpose of subsection (1), such an obligation or limitation does not include one imposed— a by, under or by virtue of any enactment, or b by any interdict or other court order applying in connection with this section. Notification and representations etc. 194O 1 When considering for the purpose of section 194M(1) the question of whether it is appropriate for the information to be disclosed, the Commission have the following duties. 2 The Commission must— a so far as practicable, take reasonable measures to— i notify each of the affected persons of the possibility that the information may be disclosed, and ii seek the views of each of them on the question, and b to such extent (and in such manner) as they think fit, consult the other interested persons. 3 The Commission must— a allow the prescribed period for each of the affected and other interested persons involved to take steps (including legal action) in their own favour in relation to the question, and b have regard to any material representations made to them on the question by any of those affected and other interested persons within the prescribed period. 4 The Commission must have regard to any other factors that they believe to be significant in relation to the question. 5 In subsections (2) and (3)— a the references to the affected persons are to the persons— i to whom the information directly relates, or ii from whom the information was obtained, whether directly or indirectly, b the references to the other interested persons are to (so far as not among the affected persons)— i the Lord Advocate, and ii such additional persons (if any) as appear to the Commission to have a substantial interest in the question. 6 In subsection (3), the references to the prescribed period in relation to a particular person are to— a the period of 6 weeks, or b such longer period as the Commission may set, starting with the date on which the notification was sent to, or (as the case may be) consultation was initiated with respect to, the person. 7 Subsections (3) and (6) are inapplicable in relation to a particular person if the Commission cannot reasonably ascertain the person's whereabouts. Consent if UK interest 194P 1 Unless subsection (3) is complied with, section 194M(1) is of no effect in relation to any information falling within subsection (2). 2 Information falls within this subsection if it— a is held by the Commission, and b at any time, has been supplied by the UK Government under arrangements of any kind. 3 This subsection is complied with if, at any time, the UK Government has in connection with section 194M(1) given its consent to disclosure of the information. 4 In this section, “ the UK Government ” means a Minister of the Crown or a department of the Government of the United Kingdom. Consent if foreign interest 194Q 1 Unless subsection (3) is complied with, section 194M(1) is of no effect in relation to any information falling within subsection (2). 2 Information falls within this subsection if it— a is held by the Commission, and b at any time, has been supplied by a designated foreign authority under arrangements of any kind. 3 This subsection is complied with if the designated foreign authority has in connection with section 194M(1) given its consent to disclosure of the information, by virtue of— a the arrangements concerned, or b subsection (4). 4 Where not previously given by virtue of those arrangements, it is for the Commission to seek the designated foreign authority's consent to disclosure of the information. 5 Subsection (1) does not apply if the information also falls within section 194P(2). Designated foreign authority 194R 1 The references in section 194Q to a designated foreign authority are to a current or previous authority of a prosecutorial, judicial or other character which is or was located within a country or territory outwith the United Kingdom. 2 But, if in connection with subsection (4) of that section— a the Commission cannot reasonably identify or find the particular authority in question, or b they are unsuccessful in their reasonable attempts to communicate with it, the references in subsections (3) and (4) of that section to the designated foreign authority are to be read as if they were to the relevant foreign government. 3 In the application of subsection (2), paragraph (a) of subsection (3) of that section is to be ignored. 4 In subsection (2)— a the references to the Commission include their acting with the Lord Advocate's help, b the reference to the relevant foreign government— i is to the government of the other country or territory, ii in the event of doubt as to the status or operation of a governmental system in the other country or territory, is to be regarded as being to the body described in subsection (5). 5 That is, the principal body in it (for the time being (if any)) that is recognised by the Government of the United Kingdom as having responsibility for exercising governmental control centrally. Disapplication of sections 194O to 194R 194S 1 Sections 194O to 194R cease to have effect if subsection (2) prevails. 2 This subsection prevails where, on their preliminary examination of the question to which section 194O(1) relates, the Commission determine for the purpose of section 194M(1) that it is manifestly inappropriate for the information to be disclosed. 3 But— a if there is a material change in any significant factor on which the determination depended, it is open to the Commission to re-examine the question (and this is to be regarded as another preliminary examination of the question), b where they choose to re-examine the question, the effect of sections 194O to 194R is restored unless subsection (2) again prevails. Final disclosure-related matters 194T 1 If the Commission decide in pursuance of section 194M(1) to disclose the information— a subsection (2) applies initially, and b subsection (3) applies subsequently. 2 Before disclosing the information, the Commission must— a so far as practicable, take reasonable measures to notify of the decision— i each of the affected persons, and ii to the same extent as they were consulted under section 194O(2)(b), the other interested persons, and b allow the prescribed period for each of the affected and other interested persons involved to take steps (including legal action) in their own favour in relation to the decision. 3 In disclosing the information, the Commission must— a explain the context in which the information is being disclosed by them (including by describing the background to the case), and b where (for any reason) other information relating to the case remains undisclosed by them, explicitly state that fact, and do so along with the material by which the disclosure is made. 4 In subsection (2), the references to the affected and other interested persons are to be construed in accordance with section 194O(5). 5 In subsection (2)(b), the reference to the prescribed period in relation to a particular person is to— a the period of 6 weeks, or b such longer period as the Commission may set, starting with the date on which the notification was sent to the person. 6 Subsections (2)(b) and (5) are inapplicable in relation to a particular person if the Commission cannot reasonably ascertain the person's whereabouts. 7 In subsection (3)(b), the reference to other information is to any other information obtained by the Commission in the exercise of their functions. . Consequential revocation 4 The Scottish Criminal Cases Review Commission (Permitted Disclosure of Information) Order 2009 ( S.S.I. 2009/448) is revoked. Part 3 Commencement and short title Commencement 5 1 This Part comes into force on the day after Royal Assent. 2 The other 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. Short title 6 The short title of this Act is the Criminal Cases (Punishment and Review) (Scotland) Act 2012. S. 1 in force at 24.9.2012 by S.S.I. 2012/249 , art. 3 (with arts. 2(2) , 4 ) S. 2 in force at 24.9.2012 by S.S.I. 2012/249 , art. 3 S. 3 in force at 24.9.2012 by S.S.I. 2012/249 , art. 3 S. 4 in force at 24.9.2012 by S.S.I. 2012/249 , art. 3
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[uk-legislation-asp][asp] 2024-05-04 Agricultural Holdings (Amendment) (Scotland) Act 2012
http://www.legislation.gov.uk/asp/2012/6/2016-12-23
http://www.legislation.gov.uk/asp/2012/6/2016-12-23 Agricultural Holdings (Amendment) (Scotland) Act 2012 An Act of the Scottish Parliament to amend the law governing succession to agricultural tenancies and the review or variation of rent under such tenancies. text text/xml en Statute Law Database 2017-03-11 Expert Participation 2016-12-23 Agricultural Holdings (Amendment) (Scotland) Act 2012 s. 3 Land Reform (Scotland) Act 2016 Sch. 2 para. 13(2) s. 128 s. 130(1) Agricultural Holdings (Amendment) (Scotland) Act 2012 2012 asp 6 An Act of the Scottish Parliament to amend the law governing succession to agricultural tenancies and the review or variation of rent under such tenancies. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 7th June 2012 and received Royal Assent on 12th July 2012 Succession Succession by near relatives 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of rent etc. Prohibition of upward only rent reviews etc. 2 In section 9 of the Agricultural Holdings (Scotland) Act 2003 (asp 11), before subsection (1) insert— A1 Where, by virtue of any provision, a review of rent due as payable under a lease constituting a limited duration tenancy— a may be initiated only by the landlord; or b may only determine that the rent is to be increased, the provision concerned is void and the rent due as payable under the lease is instead to be reviewed and determined in accordance with this section. . Effect of VAT changes on determination of rent 3 In section 13(9) of the Agricultural Holdings (Scotland) Act 1991, after paragraph (c) insert— d a variation of rent arising from— i the exercise or revocation of an option to tax under Schedule 10 to the Value Added Tax Act 1994 (c.23); or ii a change in the rate of value added tax applicable to grants of interests in or rights over land in respect of which such an option has effect. . General Transitional provisions 4 1 The amendment made by section 1 has effect in respect of a notice to quit given in accordance with section 25(2) of the Agricultural Holdings (Scotland) Act 1991 only if the landlord of the tenancy in question is given notice of the tenant's acquisition of the right to the lease of the agricultural holding (under section 11(2) or 12(1) of the Agricultural Holdings (Scotland) Act 1991) on or after the day on which section 1 comes into force. 2 The amendment made by section 2 has effect only in respect of a provision for review of rent made on or after that section comes into force. 3 The amendment made by section 3 has effect in relation to a variation of rent arising from the exercise or revocation of an option, or a change in rate of value added tax, that takes effect before that section comes into force. Commencement 5 1 This section and section 6 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force at the end of the period of 2 months beginning with the day of Royal Assent. Short title 6 The short title of this Act is the Agricultural Holdings (Amendment) (Scotland) Act 2012. S. 1 repealed (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18) , s. 130(1) , sch. 2 para. 17(2) (with s. 128 ); S.S.I. 2016/365 , reg. 2 , sch. (with regs. 5-8 )
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[uk-legislation-asp][asp] 2024-05-04 National Library of Scotland Act 2012
http://www.legislation.gov.uk/asp/2012/3/2013-02-01
http://www.legislation.gov.uk/asp/2012/3/2013-02-01 National Library of Scotland Act 2012 An Act of the Scottish Parliament to make further provision about the name, functions and governance of the National Library of Scotland; and for connected purposes. text text/xml en Statute Law Database 2015-07-08 Expert Participation 2013-02-01 National Library of Scotland Act 2012 2012 asp 3 An Act of the Scottish Parliament to make further provision about the name, functions and governance of the National Library of Scotland; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 16th May 2012 and received Royal Assent on 21st June 2012 The National Library of Scotland The National Library of Scotland 1 1 The body corporate known as The Trustees of the National Library of Scotland, established by section 1(1) of the 1925 Act, continues in existence and is renamed the National Library of Scotland or Leabharlann Nàiseanta na h-Alba (“NLS”). 2 Schedule 1, which makes further provision about NLS, has effect. Functions of NLS Functions of NLS 2 1 NLS has the general function of managing the library established by section 1(1) of the 1925 Act as a national resource for reference, study, research and bibliography, having particular regard to Scotland. 2 NLS has the particular functions of— a preserving, conserving and developing its collections, b making the collections accessible to the public and to persons wishing to carry out study and research, c exhibiting and interpreting objects in the collections, and d promoting collaboration and the sharing of good practice with and between other persons providing library and information services, and the adoption of good practice by those persons. 3 NLS is to exercise its functions with a view to— a encouraging education and research, b promoting understanding and enjoyment of the collections, c promoting the diversity of persons accessing the collections, and d contributing to understanding of Scotland's national culture. 4 NLS— a must, when required to do so by the Scottish Ministers, and b may, at any other time, provide the Scottish Ministers with advice, information and assistance on any matter relating to NLS's functions. 5 Any advice, information or assistance under subsection (4)(a) must be provided in such manner as the Scottish Ministers may determine. Acquisitions, deposits, disposal and loan of objects Acquisitions, deposits and disposal of objects 3 1 NLS may— a acquire (by purchase, exchange or gift), b accept on deposit, any object which it considers it is desirable to add to its collections. 2 The powers in subsection (1) are in addition to any other powers or means of acquisition or acceptance on deposit. 3 NLS may dispose of any object from its collections if— a the object is a duplicate of, or similar to, another object in the collections, b NLS considers that the object is not required for the purposes of the collections, c because of damage, deterioration or infestation by destructive organisms, the object is no longer of use for the purposes of the collections, d the object is hazardous, e in any other case, the Scottish Ministers agree to the disposal. 4 Disposal under subsection (3) may be by sale, exchange, gift, return or destruction. 5 The power in subsection (3) is in addition to any other powers of disposal, in particular those conferred by— a section 6 of the Museums and Galleries Act 1992 (c.44), and b section 2 of the Holocaust (Return of Cultural Objects) Act 2009 (c.16). 6 The power in subsection (3) does not apply in relation to an object which is relevant material within the meaning of section 7 of the 2003 Act. 7 Where an object is subject to a prohibition or restriction on disposal, NLS may dispose of the object under subsection (3) in a manner inconsistent with the prohibition or restriction only— a with the consent of the person having the right to enforce the prohibition or restriction, or b in the circumstances mentioned in subsection (3)(c) or (d). Borrowing and lending of objects 4 1 NLS may borrow or accept loans of objects for the purposes of exhibition, study or research. 2 NLS may lend any object from its collections. 3 In deciding whether or not to lend an object (and in determining the period for which and the conditions on which the object is to be lent), NLS is to have regard to— a the interests of users of the collections, b the suitability of the prospective borrower, c the purpose of the loan, d the physical condition and degree of rarity of the object, e any risk to which the object is likely to be exposed and the extent to which that risk can be mitigated or indemnified. 4 The powers in subsections (1) and (2) are in addition to any other powers of borrowing, accepting loans or lending. 5 The power in subsection (2) does not apply in relation to an object which is relevant material within the meaning of section 7 of the 2003 Act. 6 Where an object is subject to a prohibition or restriction on lending, NLS may lend the object under subsection (2) in a manner inconsistent with the prohibition or restriction only— a with the consent of the person having the right to enforce the prohibition or restriction, or b where, despite taking all reasonable steps, NLS is unable to ascertain the name and contact details of any person having that right. Legal publications Legal publications 5 1 Copies of legal publications delivered to NLS under section 1 of the 2003 Act— a are to be sent by NLS to the Faculty for the purposes of its Law Library, and b when accepted by the Faculty, become the property of the Faculty. 2 NLS must include in a request under section 5 of the 2003 Act such legal publications as the Faculty may require it to include. 3 Subsection (1) does not apply to legal publications which are on line electronic publications. 4 Copies of legal publications which are on line electronic publications are to be made available by NLS to the Faculty. 5 Any question as to what constitutes a legal publication for the purposes of— a this section or section 6, or b section 5 of the 1925 Act (as it had effect immediately before its repeal by section 10(5) and schedule 3), is to be resolved by agreement between NLS and the Faculty or, if they cannot agree, by arbitration. Joint arrangements etc. between NLS and the Faculty NLS and the Faculty: joint arrangements etc. 6 1 NLS and the Faculty must enter into arrangements about— a co-operation between NLS and the Faculty in relation to–– i NLS's collections, ii the Faculty's collections of legal publications, b the consultation of objects in NLS's collections by members of the Faculty, c the consultation of objects in the Faculty's collections of legal publications by users of NLS's collections, d the preservation and conservation of legal publications, e the legal publications which are electronic publications which NLS is to request, and f how legal publications which are on line electronic publications are to be made available by NLS to the Faculty. 2 Arrangements under subsection (1) may contain provision about charging. 3 Any question as to what are law books, legal manuscripts and papers, pictures or articles of furniture belonging to the Faculty for the purposes of section 3(1) of the 1925 Act is to continue to be determined by the Keeper of the Advocates' Library despite the repeal of that section by section 10(5) and schedule 3. Grants and loans Grants and loans 7 1 The Scottish Ministers may make grants to NLS. 2 In addition to any grants made under subsection (1), the Scottish Ministers may make grants to NLS for particular purposes. 3 A grant under subsection (1) or (2) is subject to such terms and conditions (including conditions as to repayment) as the Scottish Ministers may determine. 4 NLS may make grants and loans to such persons as it considers appropriate— a for the purposes of, or in connection with, the exercise of its functions, b where it appears to be conducive to the exercise of its functions. 5 A grant or loan under subsection (4) is subject to such terms and conditions (including conditions as to repayment) as NLS may determine. Directions and guidance Directions and guidance 8 1 The Scottish Ministers may give NLS directions (of a general or specific nature) as to the exercise of its functions. 2 But the Scottish Ministers may not give NLS directions so far as relating to— a NLS's functions under section 2(2)(a) to (c) or (3)(a), (b) or (d) or sections 3 to 7, b NLS's functions under or by virtue of the 2003 Act. 3 NLS must— a comply with any directions given to it by the Scottish Ministers under this section, b have regard to any guidance issued by the Scottish Ministers in relation to the exercise of its functions. 4 A direction under this section is to be given in writing. 5 The Scottish Ministers may vary or revoke any direction given under this section. General Interpretation 9 In this Act— “ the 1925 Act ” means the National Library of Scotland Act 1925 (c.73), “ the 2003 Act ” means the Legal Deposit Libraries Act 2003 (c.28), “ the Faculty ” means the Faculty of Advocates, “ NLS ” has the meaning given by section 1(1), “ object ” includes a thing in electronic form, “ on line electronic publication ” has the same meaning as in section 14 of the 2003 Act. Consequential modification of enactments and repeals 10 1 Schedule 2, which contains modifications of enactments, has effect. 2 The Scottish Ministers may by order make such incidental or consequential provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act. 3 An order under subsection (2) may modify any enactment (including this Act). 4 An order under subsection (2) which adds to, replaces or omits any part of the text of an Act is subject to the affirmative procedure. 5 The enactments mentioned in the first column of schedule 3 are repealed to the extent specified in the second column of that schedule. Subordinate legislation 11 Orders under this Act (except orders referred to in section 10(4) and orders under section 12(3)) are subject to the negative procedure. Commencement 12 1 Sections 11 and 13 and this section come into force on the day after Royal Assent. 2 Paragraph 1 of schedule 2 (and section 10(1) in so far as it introduces that paragraph) come into force at the end of the period of 2 months beginning with the day of Royal Assent. 3 The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint. 4 An order under subsection (3) may include transitional, transitory or saving provision. Short title 13 The short title of this Act is the National Library of Scotland Act 2012. SCHEDULE 1 NLS (introduced by section 1(2)) Status 1 1 NLS is a body corporate. 2 NLS— a is not a servant or agent of the Crown, and b does not enjoy any status or immunity of the Crown. 3 NLS's property is not property of, or property held on behalf of, the Crown. 4 NLS's members and employees are not to be regarded as civil servants. Membership 2 1 NLS is to consist of— a a person appointed by the Scottish Ministers to chair NLS, and b no fewer than 8 and no more than 13 other members appointed by the Scottish Ministers. 2 One of the members is to be selected from persons nominated by the Dean of the Faculty (who may include the Dean). 3 The Scottish Ministers may by order amend sub-paragraph (1)(b) so as to substitute a different number for the minimum or maximum number of members for the time being specified there. 4 A person who, immediately before this sub-paragraph comes into force, is a member of The Trustees of the National Library of Scotland ceases to be such a member on the date this sub-paragraph comes into force. 5 A member holds and vacates office in accordance with terms and conditions determined by the Scottish Ministers. 6 A member may resign office by giving notice in writing to the Scottish Ministers. 7 The Scottish Ministers may reappoint as a member a person who has ceased to be a member. Persons disqualified from membership of NLS 3 A person is disqualified from appointment (and from holding office) as a member of NLS if the person is (or becomes)— a a member of the House of Commons, b a member of the Scottish Parliament, or c a member of the European Parliament. Removal of members 4 1 The Scottish Ministers may, by written notice, revoke the appointment of a member if— a the member becomes insolvent, b the member has been absent from 3 consecutive meetings without the permission of NLS, c the member is otherwise unfit to be a member or unable for any reason to discharge the functions of a member. 2 For the purposes of sub-paragraph (1)(a), a member becomes insolvent when— a the member's estate is sequestrated, b the member grants a trust deed for creditors or enters into a composition contract, c a voluntary arrangement proposed by the member is approved, or d the member is adjudged bankrupt. Remuneration, allowances and expenses of members 5 NLS must pay to each member— a such remuneration, and b such allowances and expenses, as the Scottish Ministers may determine. Chief executive and other staff 6 1 NLS is to employ a chief executive. 2 The chief executive may not be a member of NLS. 3 The first chief executive is to be the person who, immediately before this paragraph comes into force, is the librarian appointed under section 2(f) of the 1925 Act. 4 That person is employed as chief executive on the same terms and conditions as apply to the appointment of that person as the librarian. 5 Each subsequent chief executive is, with the approval of the Scottish Ministers, to be appointed on terms and conditions determined by NLS and approved by the Scottish Ministers. 6 NLS may employ any other staff necessary for the carrying out of NLS's functions. 7 Those staff are to be employed on terms and conditions determined by NLS and approved by the Scottish Ministers. 8 NLS may, with the approval of the Scottish Ministers— a pay (or make arrangements for the payment of), b make payments or contributions towards the provision of, c provide and maintain schemes (whether contributory or not) for the payment of, such pensions, allowances or gratuities to or in respect of any person who is or has ceased to be an employee, as NLS may determine. 9 The reference in sub-paragraph (8) to pensions, allowances and gratuities includes a reference to pensions, allowances and gratuities by way of compensation for loss of office. Committees 7 1 NLS may establish committees for any purpose relating to its functions. 2 NLS is to determine the composition of its committees. 3 NLS may appoint persons who are not members of NLS to be members of a committee, but those persons are not entitled to vote at meetings of the committee. 4 A committee is to comply with any directions given to it by NLS. Procedure and meetings 8 1 NLS may determine its own procedure and that of its committees, including a quorum for meetings. 2 The following persons may attend and take part in a meeting of NLS (or any of its committees)— a members of the Scottish Executive, b persons authorised by the Scottish Ministers, c the Dean of the Faculty or a person authorised by the Dean of the Faculty. 3 The persons mentioned in sub-paragraph (2) are not entitled to vote at such meetings. Delegation of functions 9 1 NLS may authorise— a the chief executive, b any other employee, c any of its committees, to exercise such of its functions (and to such extent) as it may determine. 2 NLS may not authorise either of the following functions to be exercised by any other person— a the approval of annual reports and accounts, b the approval of any budget or other financial plan. 3 Sub-paragraph (1) does not affect the responsibility of NLS for the exercise of its functions. Validity of proceedings and actions 10 The validity of proceedings or actions of NLS (including proceedings or actions of any of its committees) is not affected by— a any vacancy in the membership of NLS or any of its committees, b any defect in the appointment of a member of NLS or any of its committees, or c the disqualification of a person as a member after appointment. General powers 11 1 NLS may do anything which appears to it— a to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions, b to be conducive to the exercise of its functions. 2 In particular, NLS may— a enter into contracts, b with the approval of the Scottish Ministers, acquire and dispose of land, c borrow money from the Scottish Ministers or, with the approval of the Scottish Ministers, from other persons, d enter into any business or undertaking, e form, promote or acquire (whether alone or with others) companies (within the meaning of the Companies Act 2006 (c.46)), f enter into joint ventures with others, g undertake or execute any charitable trust, h invest sums not immediately required in relation to the exercise of its functions, i accept gifts of money and other property, j obtain advice or assistance from any person who, in NLS's opinion, is qualified to give it, k carry out or commission research, l issue publications, m make charges for access to the collections, n make other charges in connection with the exercise of its functions (including charges for the provision of goods and services). 3 For the purposes of sub-paragraph (2)(g), a trust is a charitable trust if all its purposes are within section 7(2) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10). Accounts 12 1 NLS must— a keep proper accounts and accounting records, b prepare in respect of each financial year a statement of accounts, and c send a copy of the statement to the Scottish Ministers. 2 NLS must comply with any directions which the Scottish Ministers give it in relation to the matters mentioned in sub-paragraph (1). 3 NLS must send the statement of accounts to the Auditor General for Scotland for auditing. Reports 13 1 As soon as practicable after the end of each financial year, NLS must prepare a report which is— a to provide information on the exercise of its functions during that year, and b to include a copy of the statement of accounts for that year audited by the Auditor General for Scotland. 2 NLS must— a send a copy of the report to the Scottish Ministers, and b publish the report. 3 The Scottish Ministers must lay a copy of the report before the Scottish Parliament. 4 NLS may publish such other reports and information on matters relevant to its functions as it considers appropriate. SCHEDULE 2 MODIFICATIONS OF ENACTMENTS (introduced by section 10(1)) PART 1 TRANSITORY MODIFICATION OF ENACTMENTS 1 Until its repeal by section 10(5) and schedule 3, paragraph 2 of the Schedule to the 1925 Act has effect as if for the words from “pleasure,” to “Board”, in the second place where it appears, there were substituted “ pleasure. The Scottish Ministers are to appoint a person as chairman of the Board ” . PART 2 CONSEQUENTIAL MODIFICATIONS OF ENACTMENTS National Heritage (Scotland) Act 1985 (c.16) 2 In section 22(2) of the National Heritage (Scotland) Act 1985 (finance)— a for “Edinburgh,” substitute “ Edinburgh and ” , and b the words from “, and the” to the end are repealed. Museums and Galleries Act 1992 (c.44) 3 In the Museums and Galleries Act 1992— a in Part 1 of Schedule 5 (transfers to and from certain collections), for “The Board of Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ” , and b in Schedule 6 (bodies to whom land may be transferred)— i after “The National Library of Scotland” insert “ , established by section 1(1) of the National Library of Scotland Act 1925 (c.73) ” , and ii for “The Board of Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ” . Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) 4 In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies), for the entry relating to The Trustees of the National Library of Scotland substitute “ The National Library of Scotland ” . Scottish Public Services Ombudsman Act 2002 (asp 11) 5 In the Scottish Public Services Ombudsman Act 2002, in paragraph 30 of Part 2 of schedule 2 (listed authorities), for “The Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ” . Freedom of Information (Scotland) Act 2002 (asp 13) 6 In the Freedom of Information (Scotland) Act 2002, in paragraph 105 of Part 7 of schedule 1 (Scottish public authorities), for “The Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ” . Legal Deposit Libraries Act 2003 (c.28) 7 In the Legal Deposit Libraries Act 2003— a in section 12 (regulations: Scotland and Wales)— i in subsection (1)(a), the words “the authority controlling” are repealed, ii in subsection (1)(b), for “that authority” substitute “ the National Library of Scotland ” , iii in subsection (2)(b), the words “the authority controlling” are repealed, and iv in subsection (3), the words “the authority controlling” are repealed, and b in section 14 (interpretation), in the definition of “deposit library”— i after “Board” insert “ , the National Library of Scotland ” , and ii paragraph (a) is repealed. Holocaust (Return of Cultural Objects) Act 2009 (c.16) 8 In the Holocaust (Return of Cultural Objects) Act 2009— a in section 1 (bodies to which this Act applies), for “The Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ” , and b in section 2(5) (power to return victims' property), for “The Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ” . Public Services Reform (Scotland) Act 2010 (asp 8) 9 In the Public Services Reform (Scotland) Act 2010— a in schedule 5 (improvement of public functions: listed bodies), for “The Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ” , and b in schedule 8 (information on exercise of public functions: listed public bodies), for “The Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ” . Public Records (Scotland) Act 2011 (asp 12) 10 In the schedule to the Public Records (Scotland) Act 2011, for “Trustees of the National Library of Scotland” substitute “ National Library of Scotland ” . SCHEDULE 3 REPEALS (introduced by section 10(5)) Enactment Extent of repeal National Library of Scotland Act 1925 (c.73) The whole Act. National Heritage (Scotland) Act 1985 (c.16) Section 18. Public Finance and Accountability (Scotland) Act 2000 (asp 1) In schedule 4, paragraph 2. Legal Deposit Libraries Act 2003 (c. 28) Section 15(2) to (5). S. 10 partly in force; s. 10(1) in force for specified purposes at 21.8.2012 see s. 12(2) Sch. 2 para. 1 wholly in force; Sch. 2 para. 1 wholly in force at 21.8.2012 see s. 12(2) S. 1 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 S. 2 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 S. 3 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 S. 4 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 S. 5 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 S. 6 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 S. 7 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 S. 8 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 S. 9 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 S. 10(1) in force at 1.2.2013 in so far as not already in force by S.S.I. 2013/1 , art. 2 S. 10(2)-(5) in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 1 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 2 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 3 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 4 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 5 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 6 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 7 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 8 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 9 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 10 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 11 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 12 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 1 para. 13 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 2 para. 2 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 2 para. 3 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 2 para. 4 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 2 para. 5 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 2 para. 6 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 2 para. 7 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 2 para. 8 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 2 para. 9 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 2 para. 10 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2 Sch. 3 in force at 1.2.2013 by S.S.I. 2013/1 , art. 2
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[uk-legislation-asp][asp] 2024-05-05 Domestic Abuse (Protection) (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/16/2021-05-06
http://www.legislation.gov.uk/asp/2021/16/2021-05-06 Domestic Abuse (Protection) (Scotland) Act 2021 An Act of the Scottish Parliament to make provision for domestic abuse protection notices and orders for the purpose of protecting a person from abusive behaviour by the person's partner or ex-partner; and to make provision for the termination of Scottish secure tenancies in cases involving behaviour by a tenant which is abusive of the tenant's partner or ex-partner. text text/xml en Statute Law Database 2021-06-16 2021-05-06 Domestic Abuse (Protection) (Scotland) Act 2021 s. 2 The Domestic Abuse (Protection) (Scotland) Act 2021 (Commencement No. 1) Regulations 2025 reg. 2(a) Domestic Abuse (Protection) (Scotland) Act 2021 s. 3 The Domestic Abuse (Protection) (Scotland) Act 2021 (Commencement No. 1) Regulations 2025 reg. 2(a) Domestic Abuse (Protection) (Scotland) Act 2021 s. 22 The Domestic Abuse (Protection) (Scotland) Act 2021 (Commencement No. 1) Regulations 2025 reg. 2(b) Domestic Abuse (Protection) (Scotland) Act 2021 2021 asp 16 An Act of the Scottish Parliament to make provision for domestic abuse protection notices and orders for the purpose of protecting a person from abusive behaviour by the person's partner or ex-partner; and to make provision for the termination of Scottish secure tenancies in cases involving behaviour by a tenant which is abusive of the tenant's partner or ex-partner. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th March 2021 and received Royal Assent on 5th May 2021 Part 1 Domestic abuse protection notices and orders Persons to whom, and behaviour to which, notices and orders may relate Persons to whom domestic abuse protection notices and orders may relate 1 1 A domestic abuse protection notice (see section 5) or domestic abuse protection order (see section 9) may be made— a in relation to a person (“person A”) who is aged 18 or over, b for the purpose of protecting a person (“person B”)— i aged 16 or over who is the partner or ex-partner of person A, and ii with whom person A lives some or all of the time, from abusive behaviour by person A. 2 Person A and person B are partners if they are— a spouses or civil partners of each other, or b in an intimate personal relationship with each other. 3 Whether person A and person B are “ex-partners” is to be determined accordingly. 4 For the purposes of subsection (1)(b)(ii), the reference to person A living with person B is a reference to those persons living, at the same time, in any place where either person A or person B lives to any extent. 5 References in this Part to person A and person B are to be construed in accordance with this section. Meaning of abusive behaviour 2 1 In this Part, “ abusive behaviour by person A ” means behaviour by person A which is abusive of person B. 2 Behaviour by person A is abusive of person B if a reasonable person would consider the behaviour to be likely to cause person B to suffer physical or psychological harm. 3 Behaviour is behaviour of any kind, including (for example)— a saying or otherwise communicating something as well as doing something, b intentionally failing— i to do something, ii to say or otherwise communicate something. 4 Behaviour directed at a person is such behaviour however carried out, including (in particular)— a by way of conduct towards property, b through making use of a third party, as well as behaviour in a personal or direct manner. 5 In subsection (2), the reference to psychological harm includes fear, alarm and distress. 6 Behaviour may consist of a single incident or a course of conduct. What constitutes abusive behaviour 3 1 Subsections (2) to (4) elaborate on when behaviour by person A is abusive of person B. 2 Behaviour which is abusive of person B includes (in particular)— a behaviour directed at person B that is violent, threatening or intimidating, b behaviour directed at person B, at a child of person B or at another person that either— i has as its purpose (or among its purposes) one or more of the relevant effects set out in subsection (3), or ii would be considered by a reasonable person to be likely to have one or more of the relevant effects set out in subsection (3). 3 The relevant effects are of— a making person B dependent on, or subordinate to, person A, b isolating person B from friends, relatives or other sources of support, c controlling, regulating or monitoring person B's day-to-day activities, d depriving person B of, or restricting person B's, freedom of action, e frightening, humiliating, degrading or punishing person B. 4 In subsection (2)(a), the reference to violent behaviour includes sexual violence as well as physical violence. Domestic abuse protection notices Making of domestic abuse protection notice 4 1 A senior constable may make a domestic abuse protection notice in relation to person A if the constable has reasonable grounds for believing that— a person A has engaged in behaviour which is abusive of person B, b it is necessary for a domestic abuse protection order to be made for the purpose of protecting person B from abusive behaviour by person A, and c there is a risk of person A engaging in further behaviour which is abusive of person B immediately and it is necessary to make the notice for the purpose of protecting person B from that behaviour. 2 In subsection (1)(c), “ immediately ” means in the period before the sheriff can make an interim domestic abuse protection order or a domestic abuse protection order. 3 It does not matter whether the abusive behaviour referred to in subsection (1)(a) took place in Scotland or elsewhere. 4 Before making a domestic abuse protection notice in relation to person A, the senior constable must— a take such steps as are reasonable in the circumstances— i to establish whether person A has any views in relation to the notice which person A wishes to be taken into account, and if so, to obtain those views, ii to establish whether person B has any views in relation to the notice which person B wishes to be taken into account, and if so, to obtain those views, and b take into account— i any views of which the senior constable becomes aware as a result of paragraph (a), and ii the welfare of any child whose interests the senior constable considers to be relevant to the making of the notice. 5 A domestic abuse protection notice may be made without the consent of person B. Content and effect of notice 5 1 A domestic abuse protection notice is a notice which does one or more of the following— a requires person A to leave any place where person B lives (whether or not it is also a place where person A lives, and even if it is person A's only or main place of residence), b requires person A to surrender keys to any such place, c prohibits person A from entering any such place, d prohibits person A from coming within such distance of any such place as is specified in the notice, e prohibits person A from excluding person B from any such place, f prohibits person A from approaching or contacting, or attempting to approach or contact, person B, g prohibits person A from approaching or contacting, or attempting to approach or contact, any child usually residing with person B. 2 The notice may impose a requirement or prohibition mentioned in subsection (1) only if the senior constable who makes the notice considers it necessary for the purpose of protecting person B from abusive behaviour by person A. 3 The notice may also require person A— a at the time the notice is delivered to person A under section 6(4), to either— i provide the constable delivering the notice with an address at which person A may be given notice of the hearing to be held in accordance with section 11(3), or ii undertake to provide such an address to a constable by a specified time or to attend a specified police station at a specified time for the purpose of being given notice of the hearing, and b to comply with any such undertaking. 4 The notice— a takes effect when it is given to person A in accordance with section 6(4) (except that the requirement mentioned in subsection (3) takes effect only if and when person A fails to provide an address in response to a request under section 6(5)), b ceases to have effect in accordance with section 11(9). 5 In subsection (3)(a)(ii), “ specified ” means specified by the constable delivering the notice to person A under section 6(4). Further requirements in relation to notice 6 1 A domestic abuse protection notice must be in writing. 2 A domestic abuse protection notice made in relation to person A must, in addition to stating each requirement and prohibition imposed by it, state that— a the senior constable who made the notice has reasonable grounds for believing that— i person A has engaged in behaviour which is abusive of person B, ii it is necessary for a domestic abuse protection order to be made for the purpose of protecting person B from abusive behaviour by person A, and iii there is a risk of person A engaging in further behaviour which is abusive of person B immediately and it is necessary to make the notice for the purpose of protecting person B from that behaviour, b person A commits an offence if person A without reasonable excuse— i fails to do something which person A is required to do by the notice, or ii does anything which person A is prohibited from doing by the notice, c an application for a domestic abuse protection order under section 8(1)(a) will be made to the sheriff not later than the first court day after the day on which the notice is given to person A, d a hearing will be held in accordance with section 11(3) in relation to the application not later than the first court day after the day on which the application is made, e person A will be given notice of the hearing, f the domestic abuse protection notice ceases to have effect— i if the sheriff makes a domestic abuse protection order or an interim domestic abuse protection order at the hearing, when the sheriff makes the order, ii otherwise, when the hearing ends, g the domestic abuse protection order may impose such requirements and prohibitions as the sheriff considers necessary for the purpose of protecting person B from abusive behaviour by person A. 3 In subsection (2)(a)(iii), “ immediately ” has the meaning given by section 4(2). 4 The domestic abuse protection notice must be given to person A by being delivered personally by a constable. 5 On giving the notice, the constable must ask person A for an address at which person A may be given notice of the hearing to be held in accordance with section 11(3). Offence of breaching notice 7 1 A person commits an offence if the person without reasonable excuse— a fails to do something which the person is required to do by a domestic abuse protection notice, or b does anything which the person is prohibited from doing by such a notice. 2 A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding level 3 on the standard scale (or both). Domestic abuse protection orders Making of domestic abuse protection order 8 1 The chief constable— a must apply to the sheriff for a domestic abuse protection order in relation to a person to whom a domestic abuse protection notice is given, b may apply to the sheriff for a domestic abuse protection order in relation to a person in any other case. 2 The sheriff may make the order— a only if the sheriff is satisfied that— i person A has engaged in behaviour which is abusive of person B, ii there is an immediate or imminent risk of person A engaging in further behaviour which is abusive of person B, and iii it is necessary to make the order for the purpose of protecting person B from abusive behaviour by person A, b without the consent of person B (but see subsection (7)). 3 It does not matter whether the abusive behaviour referred to in subsection (2)(a)(i) took place in Scotland or elsewhere. 4 The abusive behaviour referred to in subsection (2)(a)(iii) must include, but need not be limited to, the behaviour referred to in subsection (2)(a)(ii). 5 The sheriff may permit person B to be a party to the proceedings. 6 Before determining an application under subsection (1), the sheriff must give an opportunity to the chief constable, person A and person B (whether or not person B is a party to the proceedings) to make representations about the application. 7 When determining the application, the sheriff must— a take into account— i any views of person B of which the sheriff is aware as to whether or not person B wishes an order to be made, and ii where person B does not wish an order to be made, any reasons for that view of which the sheriff is aware, b take into account any other views of person B in relation to the application of which the sheriff is aware, (whether the sheriff is aware of those views, and any reasons for them, as a result of representations made to the sheriff by person B or otherwise). 8 When determining the application, the sheriff must also take into account— a any representations made to the sheriff by the chief constable or person A, b the welfare of any child whose interests the sheriff considers to be relevant to the application. 9 Subsection (10) applies where, on an application under subsection (1), the sheriff is considering making provision in an order which would relate directly to a child. 10 The sheriff must— a take such steps as are reasonable in the circumstances to give the child an opportunity to express views in relation to the matter, and b take into account any views of the child of which the sheriff is aware (whether as a result of paragraph (a) or otherwise). 11 In taking account of views of the child under subsection (10)(b), the sheriff must take into account the child's age and understanding. Content and effect of order 9 1 A domestic abuse protection order is an order requiring person A to do, or prohibiting person A from doing, a thing or things described in the order. 2 Those requirements and prohibitions may include (but are not limited to) any requirement or prohibition which could be imposed by a domestic abuse protection notice (see section 5(1)). 3 The order may impose a requirement or prohibition only if the sheriff considers it necessary for the purpose of protecting person B from abusive behaviour by person A. 4 The sheriff has competence to make provision in a domestic abuse protection order having effect in relation to conduct at places outside the sheriff's sheriffdom as well as at places within the sheriff's sheriffdom. 5 A domestic abuse protection order— a has effect for such period not exceeding two months as is specified in the order, b may specify different periods for which different requirements or prohibitions have effect. Interim domestic abuse protection order 10 1 The sheriff may make an interim domestic abuse protection order (an “interim order”) pending determination of an application under section 8(1). 2 The sheriff may make an interim order only if the sheriff considers, on the balance of convenience, that it is just to do so. 3 In deciding whether it is, on the balance of convenience, just, the sheriff must have regard to all the circumstances, including any risk that, if an interim order is not made, person A will cause harm to person B. 4 An interim order may do anything which a domestic abuse protection order could do (see section 9(1) to (4)). 5 The sheriff may make an interim order— a even if person A or person B has not been given such notice of the proceedings as is required by section 11(5) or rules of court, b without giving person A or person B an opportunity to make representations about the interim order, c without the consent of person B. 6 If the sheriff makes an interim order in the circumstances described in subsection (5)(a) or (b), the sheriff must hold a hearing in relation to the application under section 8(1) as soon as reasonably practicable. 7 An interim order— a has effect for such period not exceeding three weeks as is specified in the order, b ceases to have effect, if it has not already done so, on the determination of the application under section 8(1). 8 In sections 12 to 14, a reference to a domestic abuse protection order includes a reference to an interim order. Hearing to be held where domestic abuse protection notice has been given 11 1 This section applies in relation to an application made under section 8(1)(a) (following a domestic abuse protection notice being given to person A). 2 The application must be made not later than the first court day after the day on which the notice is given. 3 The sheriff must hold a hearing in relation to the application not later than the first court day after the day on which the application is made. 4 The hearing must be concluded on the day on which it begins. 5 The chief constable must— a give person A notice of the hearing by— i leaving it at an address given to a constable by person A (whether given in accordance with section 5(3) or 6(5) or otherwise in connection with the giving of notice under this subsection), or ii giving it to person A on person A attending a police station in accordance with section 5(3) or otherwise delivering it to person A personally, b give person B notice of the hearing by— i leaving it at the address at which person B usually resides, or ii delivering it to person B personally. 6 But the sheriff must hold the hearing even if notice is not given in accordance with subsection (5). 7 At the hearing, the sheriff may— a determine the application (but see section 8(6)), b make an interim domestic abuse protection order (an “interim order”), or c continue the proceedings without determining the application or making an interim order. 8 The sheriff may not make an interim order or a domestic abuse protection order before the hearing is held. 9 The domestic abuse protection notice ceases to have effect— a if the sheriff makes a domestic abuse protection order or an interim order at the hearing, when the sheriff makes the order, b otherwise, when the hearing ends. Extension, variation or discharge of order 12 1 The sheriff may, before the expiry of a domestic abuse protection order, extend, vary or discharge the order on the application of— a the chief constable, b person A, c person B. 2 The sheriff may permit a person mentioned in subsection (1) to be a party to proceedings relating to an application made by another person mentioned in that subsection. 3 Before determining an application under subsection (1), the sheriff must give an opportunity to the chief constable, person A and person B (whether or not the chief constable or person B is a party to the proceedings) to make representations about the application. 4 When determining the application, the sheriff must— a take into account— i any views of person B of which the sheriff is aware as to whether or not person B wishes the order to be extended, varied or discharged, and ii where person B's wishes are as mentioned in subsection (5), any reasons for that view of which the sheriff is aware, b take into account any other views of person B in relation to the application of which the sheriff is aware, (whether the sheriff is aware of those views, and any reasons for them, as a result of representations made to the sheriff by person B or otherwise). 5 The wishes of person B referred to in subsection (4) are— a a wish for the order not to be extended, b a wish for the order not to be varied so as to add a requirement or prohibition as proposed in the application, c a wish for the order to be varied so as to remove a requirement or prohibition as proposed in the application, d a wish for the order to be discharged. 6 When determining the application, the sheriff must also take into account— a any representations made to the sheriff by the chief constable or person A, b the welfare of any child whose interests the sheriff considers to be relevant to the application. 7 Subsection (8) applies where, on an application under subsection (1), the sheriff is considering— a extending or discharging an order which includes provision which relates directly to a child, or b varying an order to— i include provision which would relate directly to a child, or ii remove or alter provision which relates directly to a child. 8 The sheriff must— a take such steps as are reasonable in the circumstances to give the child an opportunity to express views in relation to the matter, and b take into account any views of the child of which the sheriff is aware (whether as a result of paragraph (a) or otherwise). 9 In taking account of views of the child under subsection (8)(b), the sheriff must take into account the child's age and understanding. 10 In this section and sections 13 and 14, a reference to extending a domestic abuse protection order includes a reference to extending the period for which a particular provision of the order has effect. Extension, variation or discharge of order: further provision 13 1 On an application under section 12(1) to extend a domestic abuse protection order, the sheriff— a may extend the order only if satisfied that it is necessary to do so, b must— i vary the order so as to remove any requirement or prohibition which the sheriff is satisfied is no longer necessary, ii discharge the order if satisfied that the order is no longer necessary. 2 A domestic abuse protection order may— a be extended for— i in the case of an order made under section 8(2), such period not exceeding one month as the sheriff may specify, ii in the case of an interim domestic abuse protection order, such period as the sheriff may specify, b be extended on more than one occasion. 3 But the maximum period for which the order may have effect, including any period for which it is extended, is— a in the case of an interim order, three weeks, b otherwise, three months. 4 On an application under section 12(1) to vary a domestic abuse protection order, the sheriff— a may vary the order so as to add a requirement or prohibition only if satisfied that it is necessary to do so, b must— i vary the order so as to remove any requirement or prohibition which the sheriff is satisfied is no longer necessary, ii discharge the order if satisfied that the order is no longer necessary. 5 On an application under section 12(1) to discharge a domestic abuse protection order, the sheriff must— a discharge the order if satisfied that the order is no longer necessary, b if the sheriff does not discharge the order, vary the order so as to remove any requirement or prohibition which the sheriff is satisfied is no longer necessary. 6 The sheriff may extend, vary or discharge a domestic abuse protection order without the consent of person B (but see section 12(4)). 7 In this section, “ necessary ” means necessary for the purpose of protecting person B from abusive behaviour by person A. Interim extension or variation of order 14 1 The sheriff may, on an application under section 12(1) to extend or vary a domestic abuse protection order, extend or (as the case may be) vary the order on an interim basis pending determination of the application. 2 The sheriff may extend or vary the order under subsection (1) only if the sheriff considers, on the balance of convenience, that it is just to do so. 3 In deciding whether it is, on the balance of convenience, just, the sheriff must have regard to all the circumstances including any risk that— a if the order is not extended or (as the case may be) varied on an interim basis, person A will cause harm to person B, b in the case of an application to vary an order, if the order is varied on an interim basis, person A will cause harm to person B before the application is determined. 4 The sheriff may extend or vary the order on an interim basis— a even if the chief constable, person A or person B has not been given such notice of the proceedings as is required by rules of court, b without giving the chief constable, person A or person B the opportunity to make representations about the interim extension or (as the case may be) variation of the order, c without the consent of person B. 5 If the sheriff extends or varies the order on an interim basis in the circumstances described in subsection (4)(a) or (b), the sheriff must hold a hearing in relation to the application under section 12(1) as soon as reasonably practicable. 6 The extension or variation of an order on an interim basis— a has effect for such period as is specified by the sheriff (but see also section 13(3)), b ceases to have effect, if it has not already done so, on the determination of the application under section 12(1). Jurisdiction and competence 15 1 The sheriff to whom an application under section 8(1) or 12(1) is to be made is to be determined in accordance with this section. 2 An application under— a section 8(1) may be made to a sheriff in whose sheriffdom person A or person B is ordinarily resident, b section 12(1) may be made to a sheriff of the same sheriffdom as the sheriff who considered the application for a domestic abuse protection order which resulted (whether or not after appeal) in the making of the domestic abuse protection order or interim domestic abuse protection order to which the application under section 12(1) relates. 3 Subsections (4) to (6) apply with respect to proceedings relating to an application made in accordance with this section. 4 A sheriff before whom the proceedings are brought may make an order transferring the proceedings to a sheriff of another sheriffdom if satisfied that it would be more appropriate for the proceedings to be dealt with by a sheriff of the other sheriffdom. 5 A sheriff may make an order under subsection (4)— a on the application of a party to the proceedings, or b on the sheriff's own initiative. 6 Where an order is made under subsection (4), a sheriff of the sheriffdom to which the proceedings are to be transferred has jurisdiction and competence to consider and determine the proceedings. 7 This section does not affect any power that a sheriff has to decline jurisdiction in any case. 8 In schedule 1 of the Courts Reform (Scotland) Act 2014 (civil proceedings, etc. in relation to which summary sheriff has competence), in paragraph 2, after sub-paragraph (f) insert— g a domestic abuse protection order under section 8(2) of the Domestic Abuse (Protection) (Scotland) Act 2021, h an interim domestic abuse protection order under section 10(1) of that Act. . Effect of making of appeal on decision appealed against 16 1 A decision of a sheriff mentioned in subsection (2) is, for the purposes of section 110 of the Courts Reform (Scotland) Act 2014 (the “ 2014 Act ”), a decision constituting final judgment in civil proceedings. 2 The decisions referred to in subsection (1) are— a a decision to make, or refuse to make, a domestic abuse protection order, b a decision to extend, vary or discharge, or refuse to extend, vary or discharge, a domestic abuse protection order. 3 Subsection (5) applies where a decision mentioned in subsection (4) is appealed against under section 110 of the 2014 Act. 4 The decisions referred to in subsection (3) are— a a decision mentioned in subsection (2), b a decision to make, or refuse to make, an interim domestic abuse protection order, c a decision to extend, vary or discharge, or refuse to extend, vary or discharge, an interim domestic abuse protection order, d a decision to extend or vary, or refuse to extend or vary, on an interim basis a domestic abuse protection order or an interim domestic abuse protection order. 5 The decision appealed against continues in effect until the appeal is disposed of, unless suspended by— a the Sheriff Appeal Court, or b where the appeal is remitted to the Court of Session under section 112 of the 2014 Act— i the Sheriff Appeal Court, or ii the Court of Session. 6 Subsection (7) applies where a decision of the Sheriff Appeal Court in an appeal under section 110 of the 2014 Act against a decision mentioned in subsection (4) is appealed against under section 113 of that Act. 7 The decision appealed against continues in effect until the appeal is disposed of, unless suspended by— a the Sheriff Appeal Court, or b the Court of Session. 8 But where the decision appealed against under section 113 of the 2014 Act is a decision to remit the case back to the sheriff, the sheriff may not take any further action in the case until the appeal under that section is disposed of. Offence of breaching order 17 1 A person commits an offence if the person without reasonable excuse— a fails to do something which the person is required to do by a domestic abuse protection order or an interim domestic abuse protection order, or b does anything which the person is prohibited from doing by such an order. 2 A person who commits an offence under subsection (1) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). Applications under sections 8(1) and 12(1): power to specify additional applicants 18 1 The Scottish Ministers may by regulations make provision enabling a person mentioned in subsection (2) to make, in circumstances specified in the regulations, an application— a under section 8(1)(b), for a domestic abuse protection order, b under section 12(1), for a domestic abuse protection order to be extended, varied or discharged. 2 The persons referred to in subsection (1) are— a a local authority, b a local authority landlord, c a registered social landlord, d any other person who the Scottish Ministers consider appropriate. 3 Before making regulations under subsection (1), the Scottish Ministers must— a consult— i each person to which the regulations relate, or ii to the extent that the regulations enable all persons of a particular type to make an application as mentioned in subsection (1), such persons as appear to the Scottish Ministers to represent the interests of that type of person, and b consult such other persons as the Scottish Ministers consider appropriate. 4 Regulations under subsection (1) may— a modify any enactment (including this Act), b make incidental, supplementary, consequential, transitional, transitory or saving provision, c make different provision for different purposes. 5 Regulations under subsection (1) are subject to the affirmative procedure. 6 In this section— “ local authority landlord ” has the meaning given by section 11(3) of the Housing (Scotland) Act 2001, “ registered social landlord ” means a body registered in the register maintained under section 20(1) of the Housing (Scotland) Act 2010. Relationship with orders regulating contact and residence Relationship of notice or order with order regulating contact or residence 19 For the avoidance of doubt— a nothing in a court order which regulates contact with, or the residence of, a child limits the requirements or prohibitions that may be imposed by a notice or order under this Part, and b accordingly, it is not a defence to a charge of committing an offence under section 7(1) or 17(1) that person A was doing something which person A was entitled to do by virtue of such a court order. Reporting Reporting on operation of Part 20 1 The Scottish Ministers must as soon as practicable after the end of the reporting period lay before the Scottish Parliament a report setting out, in relation to that period— a the numbers of domestic abuse protection notices, domestic abuse protection orders and interim domestic abuse protection orders made, b the number of extensions of domestic abuse protection orders, c in respect of the offence in section 7(1)— i the number of cases for which criminal proceedings were undertaken, and ii the number of convictions in criminal proceedings, d in respect of the offence in section 17(1)— i the number of cases for which criminal proceedings were undertaken, and ii the number of convictions in criminal proceedings, and e information about the experience of persons who were, in respect of domestic abuse protection notices, domestic abuse protection orders or interim domestic abuse protection orders, person B. 2 The report may include any other information that the Scottish Ministers consider appropriate about— a the operation of this Part during the reporting period, or b the experience of any persons affected by its operation during the reporting period (such as, for example, children to whom provision in domestic abuse protection orders related directly). 3 The reporting period is the period of 3 years beginning with the day on which this Part comes into force. Interpretative provision Interpretation of Part 21 In this Part— “ chief constable ” means the chief constable of the Police Service of Scotland, “ child ” means a person who is under the age of 18, “ constable ” means a constable within the meaning of section 99(1) of the Police and Fire Reform (Scotland) Act 2012, “ court day ” means, in relation to an application for a domestic abuse protection order, a day which is not— a Saturday or Sunday, or a day which, by virtue of an order made under section 28(1) of the Courts Reform (Scotland) Act 2014, is a court holiday in the sheriff court in which the sheriff to whom the application is made is sitting, “ domestic abuse protection notice ” means a notice made under section 4(1), “ domestic abuse protection order ” means an order made under section 8(2), “ interim domestic abuse protection order ” means an order made under section 10(1), “person A” and “person B” are to be construed in accordance with section 1(5), “ senior constable ” means a constable holding the rank of inspector or above. Part 2 Termination of Scottish secure tenancies in cases involving abusive behaviour Additional ground for ending tenant's interest in house 22 1 The Housing (Scotland) Act 2001 is amended as follows. 2 In section 14 (proceedings for possession)— a in subsection (1)— i the words from “recovery” to the end become paragraph (a), ii after that paragraph insert— b where subsection (1A) applies, termination of a tenant's interest in the tenancy. , b after subsection (1) insert— 1A This subsection applies where— a the tenancy is a joint tenancy, and b the proceedings are raised against the tenant on the ground set out in paragraph 15A of schedule 2. 1B In this section and section 16, “ the tenant ”, in relation to proceedings under subsection (1)(b), means person T (within the meaning of paragraph 15A of schedule 2). , c in subsection (2B)— i the words “for recovery of possession” are repealed, ii after “paragraph 2” insert “ or 15A ” , iii at the end insert “ or, as the case may be, terminating a tenant's interest in the tenancy. ” , d in subsection (4), for “proceedings for recovery of possession”, in both places where it occurs, substitute “ the proceedings ” , e after subsection (5B) insert— 5C Where a landlord raises proceedings under subsection (1) which include the ground set out in paragraph 15A of schedule 2, the landlord must, as soon as reasonably practicable after raising the proceedings, give the tenant and any qualifying occupier advice and assistance in relation to the finding of alternative accommodation in the event that an order is made under section 16(2) or (3ZA). 5D The landlord must, in exercising the function conferred by subsection (5C), have regard to any guidance issued by the Scottish Ministers about the exercise of that function. 5E Before publishing any guidance under subsection (5D), the Scottish Ministers must consult such persons as they consider appropriate. . 3 In section 16 (powers of court in possession proceedings)— a in subsection (1), for “7 and 15” substitute “ 7, 15 and 15A ” , b in subsection (2)— i in the opening words, for “14” substitute “ 14(1)(a) ” , ii after paragraph (c) insert— d that— i the landlord has a ground for recovery of possession set out in paragraph 15A of that schedule and so specified, ii the tenant is the sole tenant, and iii it is reasonable to make the order, e whether or not paragraph (d) applies, that— i the landlord has a ground for recovery of possession set out in paragraph 15A of that schedule and so specified, ii the tenant is the sole tenant, iii the tenant has been convicted of an offence— A in respect of the abusive behaviour referred to in sub-paragraph (1) of that paragraph, and B which is punishable by imprisonment, and iv the landlord served the notice under section 14(2) before the day which is 12 months after— A the day on which the tenant was convicted of the offence, or B where that conviction was appealed, the day on which the appeal was dismissed or abandoned. , c after subsection (3) insert— 3ZA Subject to subsection (1), in proceedings under section 14(1)(b) the court must make an order for termination of the tenant's interest in the tenancy if it appears to the court— a that— i the landlord has a ground for termination of the tenant's interest in the tenancy set out in paragraph 15A of that schedule and specified in the notice required by section 14, and ii it is reasonable to make the order, b whether or not paragraph (a) applies, that— i the landlord has a ground for termination of the tenant's interest in the tenancy set out in paragraph 15A of that schedule and so specified, ii the tenant has been convicted of an offence— A in respect of the abusive behaviour referred to in sub-paragraph (1) of that paragraph, and B which is punishable by imprisonment, and iii the landlord served the notice under section 14(2) before the day which is 12 months after— A the day on which the tenant was convicted of the offence, or B where that conviction was appealed, the day on which the appeal was dismissed or abandoned. 3ZB For the purposes of subsections (2)(d)(iii) and (3ZA)(a)(ii), the court is to have regard, in particular, to any risk that the tenant will engage in further behaviour of the kind mentioned in paragraph 15A of schedule 2. , d in subsection (3A), for “Subsection (2) does” substitute “ Subsections (2) and (3ZA) do ” , e after subsection (5B) insert— 5C An order under subsection (3ZA) has the effect of bringing to an end the tenant's interest in the tenancy on the date specified in the order. , f after subsection (6) insert— 7 The landlord must, no later than 28 days after the date of termination of a tenancy which is terminated on the ground set out in paragraph 15A of schedule 2 (or on grounds including that ground), offer a tenancy of the house (beginning as soon as reasonably practicable) to person P. 8 But the landlord need not comply with the duty imposed by subsection (7) if it is impossible or inappropriate to do so because of circumstances relating to person P. 9 The landlord must have regard to any guidance issued by the Scottish Ministers about subsections (7) and (8). 10 The references in subsections (7) and (8) to person P are to the person who, in relation to the house, is person P within the meaning of paragraph 15A of schedule 2. . 4 In schedule 2 (Scottish secure tenancy: grounds for recovery of possession of house), after paragraph 15 insert— 15A 1 A person (“person T”) who is the tenant or one of the joint tenants has engaged in behaviour which is abusive of a person (“person P”) who is a partner or ex-partner of person T, and the conditions in sub-paragraph (2) are met. 2 The conditions are— a person T is the sole tenant, or person T and person P are joint tenants (whether or not with others), b the house is person P's only or principal home, c person P wishes to continue living in the house, d the landlord wishes— i where person T is the sole tenant, to recover possession of the house from person T for the purpose of entering into a tenancy with person P instead, ii where person T is a joint tenant, to bring person T's interest in the tenancy to an end. 3 In sub-paragraph (1)— a “ partner or ex-partner of person T ” means— i the spouse or civil partner of person T, ii a former spouse or former civil partner of person T, iii a person with whom person T has, in the period of 12 months ending with the date on which the proceedings are raised under section 14(1), lived in the house as if a spouse of person T for a period of, or more than one period amounting in total to, at least 6 months, b the reference to behaviour by person T which is abusive of person P is to be construed in accordance with sections 2 and 3 of the Domestic Abuse (Protection) (Scotland) Act 2021, as if the references in those sections to— i person A were references to person T, ii person B were references to person P. . 5 The title of section 14 becomes “ Proceedings for recovery of possession or termination of joint tenant's interest ” . 6 The title of section 16 becomes “ Powers of court in proceedings for recovery of possession or termination of joint tenant's interest ” . 7 The heading of schedule 2 becomes “SCOTTISH SECURE TENANCY: GROUNDS FOR RECOVERY OF POSSESSION OR TERMINATION OF JOINT TENANT'S INTEREST”. 8 The heading of Part 1 of schedule 2 becomes “GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION OR TERMINATION OF JOINT TENANT'S INTEREST”. Part 3 Final provisions Ancillary provision 23 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision that they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under subsection (1)— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, b otherwise, are subject to the negative procedure. Commencement 24 1 Section 21 and this Part come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 25 The short title of this Act is the Domestic Abuse (Protection) (Scotland) Act 2021.
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[uk-legislation-asp][asp] 2024-05-05 Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/15/2022-02-09
http://www.legislation.gov.uk/asp/2021/15/2022-02-09 Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 An Act of the Scottish Parliament to establish a scheme of financial redress and related support for and in respect of survivors of historical child abuse in certain residential care settings in Scotland; to establish Redress Scotland and provide for its functions; to make provision for reporting by certain persons in relation to their redress activity; to make provision for the establishment of the Survivor Forum and the dissolution of the National Confidential Forum; and for connected purposes. text text/xml en Statute Law Database 2022-04-10 Expert Participation 2022-02-09 Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 2021 asp 15 An Act of the Scottish Parliament to establish a scheme of financial redress and related support for and in respect of survivors of historical child abuse in certain residential care settings in Scotland; to establish Redress Scotland and provide for its functions; to make provision for reporting by certain persons in relation to their redress activity; to make provision for the establishment of the Survivor Forum and the dissolution of the National Confidential Forum; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 11th March 2021 and received Royal Assent on 23rd April 2021 PART 1 Overview and meaning of “redress scheme” Overview of Act 1 1 This Act is arranged as follows. 2 This Part provides an overview of all the redress-related activity provided for by this Act and defines the “redress scheme”. 3 Part 2 makes provision— a establishing Redress Scotland, b about the functions of Redress Scotland and the Scottish Ministers in relation to the redress scheme, c requiring a list of contributors to the redress scheme to be established and maintained, and d to facilitate charities becoming scheme contributors where they wish to do so. 4 Part 3 makes provision— a about the core eligibility criteria which must be met for a person to apply for a redress payment, and b about the further eligibility criteria which apply when the person who was abused has died and the person's next of kin wishes to make an application. 5 Part 4 makes provision— a about the requirements which apply to applications for a redress payment and how Redress Scotland will determine such applications, b about the different types of redress payments which can be offered (a fixed rate payment, an individually assessed payment or a next of kin payment), c for certain previous payments made in respect of abuse to be deducted from any redress payment which is offered, d for the signature of a waiver to be required where an applicant wishes to accept a redress payment, e about how long an offer of a redress payment is to remain valid, and how payment is to be made where the offer is accepted, f for a right to a review in respect of the determination of an application for a redress payment, g about how applications will be determined where the person who would otherwise be offered the redress payment, or (if not the same person) the person who was abused, has a serious criminal conviction, h about what will happen if the applicant dies, i for the recovery of redress payments made in error and the reconsideration of determinations which may have been materially affected by error, j about how information required or provided in relation to an application is to be obtained, shared, and kept confidential. 6 Part 5 makes provision— a about the provision of support in connection with applications, b about the provision of support to certain persons following an application under this Act or under the advance payment scheme, c requiring the making of regulations about the reimbursement of costs and expenses associated with an application, d about the payment of fees for legal work in connection with applications, e for the recovery of payments, other than redress payments, made in error. 7 Part 6 makes provision about the reporting that is or can be required of scheme contributors and certain other persons in relation to their redress activity. 8 Part 7 makes provision— a for the establishment of the Survivor Forum, b for the dissolution of the National Confidential Forum, c for the dissolution of Redress Scotland once the redress scheme has ended, d about the interpretation of this Act, e for the issuing of guidance and the making of regulations, f for the commencement of this Act and about its short title. Meaning of “redress scheme” 2 In this Act, the “ redress scheme ” means the scheme established by this Act for financial redress and related support for and in respect of survivors of historical child abuse in relevant care settings in Scotland. PART 2 Operation of the redress scheme Redress Scotland Establishment 3 1 Redress Scotland (in Gaelic, Ceartaich Alba) is established. 2 Redress Scotland is a body corporate. 3 Redress Scotland has the functions conferred on it under or by virtue of this Act and any other enactment. Status 4 1 Redress Scotland— a is not a servant or agent of the Crown, b does not enjoy any status, immunity or privilege of the Crown. 2 Redress Scotland's members and staff are not to be regarded as civil servants. Membership, procedures and powers etc. 5 Schedule 1 makes provision— a about the membership, staffing, procedures, powers and duties of Redress Scotland, b for the modification of other Acts so that their provisions apply to Redress Scotland. Independence 6 1 In performing the functions conferred on it under or by virtue of this Act, Redress Scotland is not subject to the direction or control of any member of the Scottish Government. 2 Subsection (1) is subject to any contrary provision in this or any other enactment. Functions in relation to the redress scheme Functions of Redress Scotland 7 Redress Scotland has the general function of making determinations in connection with applications by individuals under the redress scheme, including determining— a applications for redress payments, b requests for a review of a determination, c referrals for reconsideration of a determination where the determination may have been materially affected by an error. Functions of the Scottish Ministers 8 The Scottish Ministers have, in relation to the redress scheme, the general functions of— a making administrative arrangements for the establishment and operation of the redress scheme, b providing information, guidance and support to individuals in connection with applications under the redress scheme. Duty with respect to ensuring individuals can make informed choices 9 1 In exercising their functions under paragraph (b) of section 8, the Scottish Ministers must use their best endeavours to ensure that persons who— a are, or may be, considering making an application for a redress payment, or b have decided to make, or have made, such an application, have the opportunity to make informed choices. 2 Accordingly, the Scottish Ministers must prepare and publish a statement setting out information about— a the options available to such persons at each stage of the process of making an application for a redress payment, b the support and other assistance available to such persons under the redress scheme, and c the redress for survivors of historical child abuse in care in Scotland, including financial redress, which may be available to such persons otherwise than under the redress scheme. 3 The statement (the “summary of options”) must include, or set out details of where to find, information about— a the options a person has in relation to— i making, pausing and withdrawing an application for a redress payment, ii accepting an offer of a redress payment, including the timescales for so doing, and the effect of signing and returning a waiver, iii requesting a review of a determination made by Redress Scotland, b the sources and types of information or evidence that an application for a redress payment may or must contain or be accompanied by, c how such information and evidence may be obtained and shared, in particular the assistance available under the scheme in connection with obtaining such information and evidence, d the importance of obtaining independent legal advice, in particular before accepting an offer of a redress payment and signing and returning a waiver, e the availability, under the redress scheme, of payment of fees for legal work in connection with applications, and f the support available under the scheme in connection with applications for redress payments. 4 The summary of options may include such other information as the Scottish Ministers consider appropriate. 5 The Scottish Ministers must keep the summary of options under review and may modify it from time to time. 6 In complying with their duty under subsection (5), the Scottish Ministers must have regard to any recommendations included, by virtue of paragraph 17(2) of schedule 1, in an annual report prepared by Redress Scotland. 7 If the Scottish Ministers modify the summary of options, they must publish the modified summary. Provision of administrative support to Redress Scotland 10 The Scottish Ministers must provide such administrative support to Redress Scotland as they consider necessary to enable Redress Scotland to perform the functions conferred on it under or by virtue of this Act. Duty on the Scottish Ministers and Redress Scotland to co-operate 11 1 The Scottish Ministers and Redress Scotland must co-operate with one another in exercising the functions in relation to the redress scheme conferred on them or on it under or by virtue of this Act. 2 Subsection (1) is subject to section 12. Sharing of information between the Scottish Ministers and Redress Scotland 12 1 The Scottish Ministers and Redress Scotland may, in the circumstances mentioned in subsection (2), disclose information to each other. 2 The circumstances are that disclosure of the information is— a necessary to enable the Scottish Ministers or Redress Scotland to perform a function conferred on them or on it under or by virtue of this Act, or b otherwise necessary for or in connection with the operation of the redress scheme. 3 Nothing in this section authorises a disclosure of any information that would be in contravention of the data protection legislation. 4 In this section, “ the data protection legislation ” has the meaning given by section 3(9) of the Data Protection Act 2018. Principle of dignity, respect and compassion 13 1 The Scottish Ministers, Redress Scotland, scheme contributors and other relevant persons must, in exercising functions conferred on them under or by virtue of this Act, have regard to the principle that the following persons should be treated with dignity, respect and compassion— a persons who have made, or have decided to make, an application for a redress payment, b persons who are, or may be, considering making such an application, c persons who are being or are eligible to be provided with support by virtue of arrangements made under section 90, d persons who have requested or may be considering requesting reimbursement of costs and expenses by virtue of regulations under section 91, e nominated beneficiaries. 2 For the purpose of subsection (1), “other relevant persons” are persons on whom functions are conferred under or by virtue of this Act, other than— a the Scottish Ministers, Redress Scotland and scheme contributors, and b persons mentioned in paragraphs (a) to (e) of subsection (1). Contributions to the redress scheme Scheme contributors 14 1 The Scottish Ministers must establish and maintain a list of public authorities, voluntary organisations and other persons (other than individuals)— a who exercise or have exercised functions in relation to the safeguarding or promotion of the welfare of children or the protection or furthering of their interests, b who, in the opinion of Ministers, are making or have agreed to make a fair and meaningful financial contribution towards the funding of redress payments under this Act, and c who, in making or agreeing to make such a contribution, acknowledge the wrongfulness of, and the harm caused by, the historical child abuse which took place in relevant care settings. 2 In this Act— a the list established and maintained under subsection (1) is the “contributor list”, and b a public authority, voluntary organisation or other person (other than an individual) included from time to time in the list is a “scheme contributor”. 3 The contributor list must record, in relation to each scheme contributor— a the date on which the scheme contributor is included in the list, b the financial contribution the scheme contributor is making or has agreed to make, c where a scheme contributor is removed from the list, the date on which the removal takes effect, and d where a scheme contributor is removed from the list with retrospective effect in accordance with section 16, that fact. 4 The contributor list may include such other information as the Scottish Ministers consider appropriate, including, in so far as known in relation to each scheme contributor— a the relevant care settings the scheme contributor was involved with (whether as owner, manager or otherwise) or in which the contributor placed children for whom the contributor was responsible, and b the dates between which the scheme contributor was involved with or placed children in those care settings. 5 The Scottish Ministers must ensure that applicants for redress payments are made aware of the contributor list and of the effect of signing and returning a waiver under section 46. 6 The Scottish Ministers may revise the contributor list by— a including a public authority, voluntary organisation or other person (other than an individual) in the list as a scheme contributor, b varying the description of a scheme contributor, c removing a scheme contributor from the list (whether with retrospective effect or otherwise), d including information in the list about payments made by a scheme contributor in respect of the financial contribution the contributor is making or has agreed to make, e modifying such information, f modifying other information in the list, including information relating to the relevant care settings recorded in it. 7 The Scottish Ministers must publish the contributor list (including the list as revised) at such intervals, and in such form, as they consider appropriate. 8 Removal of a scheme contributor from the contributor list by virtue of subsection (6)(c) does not affect any waiver signed and returned under section 46 in relation to that scheme contributor unless and to the extent that the removal has retrospective effect. 9 For the purposes of other proceedings— a the fact of a public authority, voluntary organisation or other person becoming a scheme contributor, and b the giving, by that authority, organisation or other person, of the acknowledgement required by subsection (1)(c) in order to become such a scheme contributor, are not to be taken as evidence of anything relevant to the determination of any question of liability in connection with an allegation of abuse. Statement of principles in relation to contributor list 15 1 The Scottish Ministers must prepare and publish a statement of the principles according to which they will determine whether to— a include a public authority, voluntary organisation or other person (other than an individual) in the contributor list, b remove a scheme contributor from the list, c remove a scheme contributor from the list with retrospective effect in accordance with section 16. 2 For the purpose of subsection (1)— a the statement of principles must include the matters which the Scottish Ministers will take into account in determining whether a financial contribution that a public authority, voluntary organisation or other person is making or proposing to make is fair and meaningful, and b those matters must include— i the circumstances in which a contribution that the authority, organisation or other person proposes to make over a period of time for reasons of affordability can be a fair and meaningful one, ii the circumstances in which a contribution that takes into account the sustainability of any services provided by the authority, organisation or other person can be a fair and meaningful one. 3 For the purpose of this section, it is immaterial that the preparation or publication of a statement of principles took place before the day this section comes into force. Retrospective removal of scheme contributor from contributor list 16 1 The Scottish Ministers may remove a scheme contributor from the contributor list with retrospective effect only where the removal is a result of the contributor failing to make the financial contribution mentioned in section 14(1)(b) which the contributor had agreed to make. 2 Where the Scottish Ministers intend to remove a scheme contributor with retrospective effect, they must carry out an assessment of any contribution made by the contributor under the agreement and allocate it against redress payments as they consider appropriate. 3 The allocation must— a be carried out in accordance with any statement published under section 15 about how a fair and meaningful financial contribution is to be calculated, and b allow the Scottish Ministers to determine the date on which they consider any contribution made by the scheme contributor to be exhausted. 4 In determining the date on which a retrospective removal is to take effect, the Scottish Ministers must have regard to the date on which they consider that any contribution made by the scheme contributor is exhausted. Financial contributions by charities 17 1 This section applies where a charity makes a financial contribution to the Scottish Ministers for the purpose of redress payments being made under this Act. 2 The making of the financial contribution is to be treated for all purposes as— a being in furtherance of the charity's charitable purposes and consistent with its constitution, b providing public benefit, c not being contrary to the interests of the charity, and d being within the powers exercisable by the charity trustees of the charity. 3 Expressions used in this section which are also used in the Charities and Trustee Investment (Scotland) Act 2005 are to be construed in accordance with that Act. PART 3 Eligibility and key concepts Eligibility to apply for redress payments Eligibility to apply for a redress payment 18 1 A person may apply for a redress payment if the person or, in the case of an application for a next of kin payment, the person in respect of whom the application is made was abused while— a a child, and b resident in a relevant care setting in Scotland. 2 The abuse must have occurred before 1 December 2004. 3 In this Act, “ child ” means a person under the age of 18 years. 4 But subsection (3) does not apply, in relation to an application for a next of kin payment, to a reference to a child of a deceased person. 5 This section is subject to section 23. Meaning of “abuse” Meaning of “abuse” 19 1 In this Act, “ abuse ”, in relation to references to a person having been abused, includes— a sexual abuse, b physical abuse, c emotional abuse, d abuse which takes the form of neglect. 2 For the purpose of subsection (1)(b), “ physical abuse ” includes corporal punishment to the extent that, at the time it was administered, it was not permitted under or by virtue of any enactment or rule of law because it was— a excessive, arbitrary or cruel, b administered for an improper motive, or c not so permitted for another reason. Meanings of “relevant care setting” and “resident” Meaning of “relevant care setting” 20 1 In this Act, “ relevant care setting ” means— a a residential institution in which the day-to-day care of children was provided by or on behalf of a person other than a parent or guardian of the children resident there, b a place, other than a residential institution, in which a child resided while being— i boarded-out, ii fostered. 2 But a place is not a relevant care setting by virtue of subsection (1)(b) where the child was boarded-out or fostered— a with a relative or guardian of the child, or b under arrangements between a parent or guardian of the child and another person unless that other person was either— i a public authority, or ii a voluntary organisation exercising functions in relation to the safeguarding or promotion of the welfare of the child or the protection or furthering of the child's interests. 3 In this section and in section 22, “ residential institution ” means— a a children's home, b a penal institution, c a residential care facility, d school-related accommodation, e secure accommodation. 4 The Scottish Ministers may by regulations— a modify the meaning of “residential institution” by— i adding a description of establishment as a residential institution to those mentioned in subsection (3), ii varying the description of a residential institution in that subsection, b modify section 21(1) as Ministers consider appropriate in consequence of any modification of subsection (3) or otherwise. 5 The Scottish Ministers may make regulations under subsection (4) only if satisfied, so far as reasonably practicable, that doing so will not have the effect that persons who would otherwise be eligible to apply for redress payments will cease to be so eligible. Meaning of “residential institution”: further provision 21 1 For the purpose of this section and section 20— “ children's home ” means a residential establishment which provided accommodation for children in order to safeguard or promote their welfare or otherwise to protect or further their interests, “ penal institution ” means an establishment in which children were detained or imprisoned on remand or in pursuance of a sentence imposed by a court of criminal jurisdiction (other than a court-martial), “ personal care ” means care which relates to— the day-to-day physical tasks and needs of the person cared for (for example, but without prejudice to that generality, eating and washing), and the mental processes related to those tasks and needs (for example, but without prejudice to that generality, remembering to eat and wash), “ personal support ” means counselling, or other help, as part of a planned programme of care, “ residential care facility ” means an establishment, including a hospital— which provided long-term residential accommodation for children for the purpose of meeting needs arising from a mental or physical condition, whether or not medical care or treatment, nursing, or personal care or support was also provided, and in which the child resided under arrangements made by or on behalf of— a public authority, or a voluntary organisation exercising functions in relation to the safeguarding or promotion of the welfare of the child or the protection or furthering of the child's interests, “ school ” includes a school other than a public school only where the child's attendance at the school was arranged and paid for by or on behalf of— a local authority or an education authority, or a voluntary organisation exercising functions in relation to the safeguarding or promotion of the welfare of the child or the protection or furthering of the child's interests, “ school-related accommodation ” means an establishment (not including domestic premises)— provided by, or under arrangements made by, a person who provided or managed a school, and which provided residential accommodation for children for the purpose of or in connection with their attendance at the school, “ secure accommodation ” means a residential establishment, other than a penal institution, provided for the purpose of restricting the liberty of children (whether or not the establishment was also provided in order to safeguard or promote the welfare or otherwise to protect or further the interests of children). 2 In subsection (1), references to an establishment include references to— a part of an establishment, and b an establishment which forms part of another establishment. Meaning of “resident” 22 1 A reference to being resident in a relevant care setting includes a reference to being absent from the care setting while under the care of— a the person who provided residential accommodation for the child in the residential institution or other place, or b a person authorised by that person. 2 For the purpose of subsection (1), it is immaterial whether the child was within or outside Scotland during the period of absence from the relevant care setting. Exceptions to eligibility Power to create exceptions to eligibility 23 1 The Scottish Ministers may by regulations provide that an application may not be made under section 18— a if the person who carried out the abuse was of a specified description, b if the abuse was carried out in circumstances of a specified description, c if the person who was abused came to be resident in the relevant care setting concerned in specified circumstances, or d if the person who was abused was resident in the relevant care setting concerned for a specified purpose. 2 In subsection (1), “ specified ” means specified in the regulations. Eligibility to apply for next of kin payments Eligibility to apply for a next of kin payment 24 1 A person may apply for a redress payment under section 18 which takes the form of a next of kin payment only if— a the person meets the eligibility criteria to apply for a next of kin payment, or b the person is granted permission to apply for a next of kin payment under section 25, or on a review under section 26, due to exceptional circumstances. 2 A person meets the eligibility criteria to apply for a next of kin payment where— a the person is the specified next of kin of someone who died on or after 1 December 2004 (“the deceased person”), b the deceased person would, if alive, have been eligible to apply for a redress payment under section 18 (other than for a next of kin payment), and c where the deceased person died on or after the day section 18 came into force, the condition in subsection (3) is met. 3 The condition referred to in subsection (2)(c) is that— a the deceased person had not applied for a fixed rate payment or an individually assessed payment, or b the deceased person had applied for such a redress payment but— i died while the application was ongoing, ii where the application was for an individually assessed payment, had not previously been paid a fixed rate payment, and iii either a nominated beneficiary is not taking over, or has not taken over, the application by virtue of section 71 or, if the application was so taken over, it was brought to an end in the circumstances described in section 73(2) without the nominated beneficiary having accepted any redress payment in respect of the application. 4 For the purpose of subsection (3)(b)(i), whether an application is ongoing is to be determined in accordance with section 66(6) and (7). Eligibility to apply for a next of kin payment: exceptional circumstances 25 1 A person may apply for permission to apply for a next of kin payment due to exceptional circumstances where— a the person is the specified next of kin of someone who died (“the deceased person”), b the deceased person had applied for, and been offered, a fixed rate payment or an individually assessed payment but the offer was not accepted during the period it was valid and the deceased person subsequently died, and c if the application was for an individually assessed payment, the deceased person had not previously been paid a fixed rate payment. 2 An application under subsection (1) must— a be made to the Scottish Ministers, b be made in such form, if any, as Ministers require, c specify the exceptional circumstances due to which permission is being sought, and d contain or be accompanied by any information the applicant considers relevant. 3 The Scottish Ministers must, as soon as reasonably practicable after receiving an application under subsection (1), provide the application, and any information accompanying it, to Redress Scotland. 4 The Scottish Ministers must publicise any requirements which are for the time being set under subsection (2)(b). 5 An application under subsection (1) is to be determined on behalf of Redress Scotland by a panel of at least 2 members of Redress Scotland appointed by the chairing member. 6 The procedure for determining an application under subsection (1) is to be determined by Redress Scotland. 7 The panel appointed under subsection (5) to determine the application may grant the applicant permission to apply for a next of kin payment only where it considers that there are exceptional circumstances which merit it. 8 Once the panel has determined whether or not to grant the applicant permission to apply for a next of kin payment due to exceptional circumstances, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable— a notify the applicant of the determination, and b provide the applicant with a summary, provided by Redress Scotland, of the panel's reasons for reaching that determination. Review of determination made under section 25 26 1 Where an applicant is notified of a determination under section 25 that permission to apply for a next of kin payment due to exceptional circumstances is not being granted, the applicant may request a review of the determination. 2 A request for a review must— a be made to the Scottish Ministers, b be made before the end of the period of 8 weeks beginning with the date on which notice of the determination was received by the applicant, c be made in such form, if any, as Ministers require, d specify why a review is being requested, and e contain or be accompanied by any information the applicant considers relevant. 3 The Scottish Ministers must, as soon as reasonably practicable after receiving a request for a review, provide the request, and any information accompanying it, to Redress Scotland. 4 A review may be conducted despite the request for it not being made within the period specified in subsection (2)(b) if Redress Scotland is satisfied that the applicant has a good reason for not requesting a review sooner. 5 The Scottish Ministers must publicise any requirements which are for the time being set under subsection (2)(c). 6 Sections 55, 56 and 59(1) to (5) apply for the purposes of a review under this section as they apply for the purposes of a review under section 54, subject to the modification that the reference in section 59(1) to a determination being made under section 57 is to be read as a reference to a determination being made under section 27. Outcome of a section 26 review 27 1 On a review under section 26, the review panel appointed under section 55 to conduct it— a must consider— i whether the panel appointed under section 25(5) to determine whether or not to grant permission to apply for a next of kin payment due to exceptional circumstances ought to have reached a different determination, and ii in a case where additional evidence is provided to or obtained by the review panel, whether the application ought to be determined differently as a result, b may uphold or reverse the determination. 2 Once the review panel has conducted the review, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable— a notify the applicant of the review panel's determination, and b provide the applicant with a summary, provided by Redress Scotland, of the review panel's reasons for reaching that determination. 3 The determination of the review panel under this section is final. Meaning of “specified next of kin” 28 1 In this Act, “ specified next of kin ”, in relation to a deceased person, means— a the person who, immediately before the death of the deceased person, was— i the spouse or civil partner of the deceased person, or ii the cohabitant of the deceased person, b where the condition in subsection (3) is met, a child of the deceased person. 2 In a case where there is or was both a person falling within subsection (1)(a)(i) and a person falling within subsection (1)(a)(ii), subsection (1)(a) is to be read as including only the person who was the cohabitant of the deceased person. 3 The condition referred to in subsection (1)(b) is that— a there is nobody who falls within subsection (1)(a) (either because there was no such person or because the person has since died), and b in a case where the person has since died, the person had not accepted an offer of a next of kin payment in respect of the deceased person. 4 In this section— “ child of the deceased person ” includes— a stepchild of the deceased person, and a person who was treated by the deceased person as the deceased person's child, “ cohabitant of the deceased person ” means a person who— was neither married to nor in a civil partnership with the deceased person, but was living with that person as if they were married to each other and had been so living for a period of at least 6 months. PART 4 Financial redress: redress payments CHAPTER 1 Determination of applications for redress payments Applications Application for a redress payment 29 1 An application for a redress payment must— a be made to the Scottish Ministers, b be received during the application period, c be an application for— i a fixed rate payment, ii an individually assessed payment, or iii a next of kin payment, d be made in such form, if any, as Ministers require, and e contain or be accompanied by such information or evidence as Ministers require. 2 An application may relate to one or more relevant care settings in which abuse took place. 3 Other than as provided for in section 30, only one application may be made in respect of a person who was abused. 4 On receiving an application, the Scottish Ministers must provide the summary of options to the applicant. 5 The Scottish Ministers must provide any application received, and any information or evidence accompanying it, to Redress Scotland. 6 The Scottish Ministers must publicise any requirements which are for the time being set under subsection (1)(d) or (e). Cases where more than one application permitted 30 1 This section makes provision about when a person who is eligible to apply for a redress payment may do so despite an application already having been made in respect of the person who was abused and to whom the application will relate. 2 An application for an individually assessed payment may be made by a person where— a an application for a fixed rate payment has previously been made in respect of the person, and b that application resulted in a determination that the person was eligible for a fixed rate payment. 3 An application for an individually assessed payment may be made by a person where— a an application for an individually assessed payment has previously been made in respect of the person, b that application resulted in the applicant accepting a redress payment other than a level 5 payment, and c Redress Scotland is satisfied that allowing a further application is justified on the basis that— i new evidence is available which the person had a reasonable excuse for not providing in connection with the previous application, or ii regulations under section 20(4) have had the effect of modifying eligibility to apply for a redress payment. 4 An application for a next of kin payment may be made by a person where— a a deceased person had previously applied for a fixed rate payment or an individually assessed payment, and b the circumstances are such that the person is permitted to apply for a next of kin payment under section 24(1). 5 An application for a next of kin payment may be made by a child of a deceased person where an application for a next of kin payment has previously been made in respect of the deceased person by another child of the deceased person. 6 An application for a redress payment may be made by a person where— a a previous application in respect of the person was withdrawn under section 33, and b the new application is for a type of redress payment the person would have been able to apply for had the withdrawn application not been made. 7 An application for a redress payment may be made by a person where— a an application for a redress payment has previously resulted in a determination under section 60 that the person was precluded from being offered a redress payment, and b as a result of an appeal in respect of a conviction or sentence, section 60 will no longer apply in respect of an application by the person. 8 An application for a redress payment may be made in respect of a person where— a the person has not previously received a redress payment of a particular type despite having made an application for it which has been brought to an end, but b Redress Scotland is satisfied that special circumstances exist which justify allowing a further application. 9 For the purpose of subsection (8), special circumstances may include— a the person's individual circumstances, b the availability of new evidence which the person had a reasonable excuse for not providing in connection with the original application, c regulations under section 20(4) having had the effect of modifying eligibility to apply for a redress payment. Application period 31 1 For the purpose of this Act, the application period during which an application for a redress payment may be made— a begins on the day this section comes into force, and b ends with whichever is the later of— i the expiry of the period of 5 years beginning with that day, ii the day falling 2 years after the Scottish Child Abuse Inquiry (established under the Inquiries Act 2005) publishes its final report. 2 The Scottish Ministers may by regulations modify paragraph (b) of subsection (1) so as to extend the application period for the time being specified in that subsection. 3 The Scottish Ministers must, within the period of 15 months ending with the day the application period is due to end under subsection (1)(b), carry out a review of whether the application period should be extended. 4 But subsection (3) does not apply if, at the beginning of the 15 month period— a the application period has already been extended by regulations under subsection (2), or b a draft Scottish statutory instrument containing regulations under subsection (2) has been laid and is before the Scottish Parliament for approval. 5 As soon as reasonably practicable following completion of a review under subsection (3), the Scottish Ministers must— a publish the findings of the review, b lay the findings of the review before the Scottish Parliament. Pausing of application 32 1 An application for a redress payment may, at the request of the applicant— a be paused, or b having been paused, be resumed, at any time prior to a determination being made under section 36. 2 A request under subsection (1) must be made in writing to the Scottish Ministers. 3 The Scottish Ministers must, as soon as reasonably practicable after receiving a request under subsection (1), inform Redress Scotland of it. 4 Where Redress Scotland is informed of a request that an application be paused, Redress Scotland must pause any further determination of the application to which the request relates until such time as Redress Scotland is informed that— a the applicant has requested that determination of the application be resumed, or b the application has been withdrawn under section 33. 5 Where an application is paused under this section, it is to be treated as having been withdrawn on the final day of the application period unless the applicant, on or before that day, either requests that the application be resumed or requests that it be withdrawn. Withdrawal of application 33 1 An application for a redress payment may be withdrawn at the request of the applicant at any time prior to a determination being made under section 36. 2 A request under subsection (1) must be made in writing to the Scottish Ministers. 3 The Scottish Ministers must, as soon as reasonably practicable after receiving a request under subsection (1), inform Redress Scotland of it. 4 Where Redress Scotland is informed of a request that an application be withdrawn, Redress Scotland must bring to an end any further determination of the application to which the request relates. 5 Where an application is withdrawn, it is to be treated for the purpose of section 24(3)(a) as never having been made. Determination of applications Prioritisation of applications 34 1 The chairing member of Redress Scotland must decide the order of priority in which applications for a redress payment are to be determined. 2 In making a decision under subsection (1), the chairing member must, in particular, have regard to— a the age of the persons by whom applications are made, and b to the extent that it is disclosed to Redress Scotland (in the application or otherwise), the health of those persons. Decision-making panels 35 1 An application for a redress payment is to be determined on behalf of Redress Scotland by a panel of members of Redress Scotland appointed by the chairing member in accordance with this section. 2 A panel appointed to determine an application for a fixed rate payment or a next of kin payment is to consist of at least 2 members. 3 A panel appointed to determine an application for an individually assessed payment is to consist of at least 3 members. Determination of applications 36 1 On receipt of an application by Redress Scotland under section 29, the panel appointed under section 35 to determine the application must determine— a whether, on the balance of probabilities, the applicant is eligible for the type of redress payment sought, and b if so, the amount which the applicant is to be offered. 2 An application is to be determined on the basis of— a the information provided in or with the application, b any further information provided in response to a request by the panel, and c any other information which the panel considers relevant. 3 In determining an application, the panel is to start with the presumption that any information provided by the applicant in respect of the application is true and accurate to the best of the applicant's knowledge and belief. 4 When determining an application, the panel must not rule on, and has no power to determine, any person's civil or criminal liability arising from any matter to which the application relates. 5 The procedure for determining an application is otherwise to be determined by Redress Scotland. 6 Once the panel has determined the application, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable— a notify the applicant of the determination, and b provide the applicant with— i a summary, provided by Redress Scotland, of the panel's reasons for reaching that determination, ii the summary of options, and iii where an offer of a redress payment is made, information about the period for which the offer remains valid under section 49 and the options available to the applicant in respect of it. 7 For the purposes of other proceedings, neither the offer of a redress payment nor the failure to make an offer is to be taken as a finding as to whether or not a person who is referred to in an application acted, or failed to act, in a way suggested in the application. Assessment of amount of redress payment 37 1 Where a panel is appointed under section 35 to determine an application for a redress payment, the amount of the redress payment (if any) to be offered in respect of the application is to be determined in accordance with this section. 2 An applicant is eligible for a redress payment where the panel is satisfied that— a the applicant is eligible to apply for a redress payment by virtue of section 18, b where the application is for a next of kin payment, the applicant is eligible to apply for a next of kin payment by virtue of section 24, c the application satisfies the requirements of section 29 to the extent that they apply to the type of redress payment sought, and d the applicant is not precluded from being offered a redress payment by virtue of section 60. 3 An applicant who is eligible for a redress payment is, subject to any deductions to be made in accordance with section 42, to be offered— a on an application for a fixed rate payment, a fixed rate payment under section 38, b on an application for an individually assessed payment, an individually assessed payment calculated in relation to the application under section 39 (which, in the case of an application made by virtue of section 30(2) or (3), may be zero), or c on an application for a next of kin payment, a next of kin payment calculated in relation to the application under section 40. 4 In the case of an application which relates to more than one relevant care setting, only one determination of a redress payment may be made in respect of an application regardless of the number of care settings concerned. Payment levels Fixed rate payment 38 A fixed rate payment is a payment of £10,000. Individually assessed payment 39 1 An individually assessed payment is a payment, based on an assessment of the matters raised by an application, of— a the fixed rate payment, and b if the panel appointed under section 35 to determine the application considers a further sum to be appropriate, the further sum of— i £10,000, ii £30,000, iii £50,000, iv £70,000, or v £90,000, as the panel considers appropriate. 2 Accordingly, depending on what (if any) further sum is considered appropriate, an individually assessed payment is a payment in total of— a £10,000 for a fixed rate payment, b £20,000 (a level 1 payment), c £40,000 (a level 2 payment), d £60,000 (a level 3 payment), e £80,000 (a level 4 payment), or f £100,000 (a level 5 payment). 3 But where— a a fixed rate payment has previously been paid to an applicant, no further fixed rate payment is payable to that applicant when determining an application for an individually assessed payment made by virtue of section 30(2), b the application is an application for an individually assessed payment made by virtue of section 30(3), any redress payment (other than a next of kin payment) which has previously been paid to the applicant is to be deducted from the individually assessed payment for which the applicant is eligible. 4 In considering what further sum, if any, is appropriate for the purpose of subsection (1)(b), the panel— a must have regard to the nature, severity, frequency and duration of the abuse to which the application relates, and b may have regard to any other matter it considers relevant. Next of kin payment 40 1 A next of kin payment is a payment of the relevant share of the fixed rate payment. 2 For the purpose of subsection (1), the relevant share is— a in the case of an application by the spouse, civil partner or cohabitant of the person in respect of whom the application is made (“the deceased person”), the whole amount, b in the case of an application by a child of the deceased person, the whole amount divided by the total number of surviving children of the deceased person at the date that the first (or, as the case may be, only) application for a next of kin payment is made in respect of the deceased person by a child of the deceased person. Power to adjust redress payment amounts for inflation 41 The Scottish Ministers may by regulations modify sections 38 and 39 to replace any amount for the time being set out in those sections with such higher amount as they consider to be appropriate in consequence of material changes in the value of money. Deduction of previous payments Deduction of previous payments from redress payment 42 1 This section and section 43 apply where— a the panel appointed under section 35 to determine an application or, as the case may be, a review panel appointed under section 55 to conduct a review determines that an applicant is eligible for a redress payment, and b before the date of the determination by virtue of which an offer of a redress payment is made, the applicant, or the person in respect of whom the application is made, received or became entitled to a payment mentioned in subsection (2) (a “relevant payment”). 2 A relevant payment is a payment, to the extent that it relates to relevant abuse, by way of any of the following— a an award of damages or compensation by a court, b a payment in settlement of a claim (whether or not court proceedings were commenced), c an award of compensation under the Criminal Injuries Compensation Scheme, d a payment under any other statutory scheme, e a payment under the advance payment scheme or under any other non-statutory scheme, f in so far as not falling within paragraphs (a) to (e), an ex gratia payment. 3 But a payment is not a relevant payment— a to the extent that it relates to legal fees or other costs incurred in relation to any proceedings, application or other process by virtue of which the relevant payment, or the entitlement to it, was obtained, or b if it is a redress payment or a payment of costs in relation to such a payment by virtue of section 91. 4 Subject to section 43— a the relevant payment mentioned in subsection (1)(b) or, as the case may be, that payment as adjusted in accordance with subsection (5), or b where more than one relevant payment has been made, the total of the relevant payments, or of the payments as so adjusted, is to be deducted from the redress payment for which the applicant is eligible. 5 A relevant payment which was received before the day this section comes into force is to be adjusted in accordance with this subsection by adjusting it using the ratio published by the Treasury and known as the Gross Domestic Product deflator by reference to the period— a beginning with the date the relevant payment was made, and b ending with the day this section comes into force. 6 The Scottish Ministers may by regulations— a modify the meaning of “relevant payment” (by modifying this section or otherwise) to— i add a description of a payment, ii vary the description of a payment, iii remove a description of a payment, b modify subsection (7) as Ministers consider appropriate in consequence of any modification made by virtue of paragraph (a) or otherwise. 7 For the purposes of subsection (2)— “ the advance payment scheme ” means the non-statutory scheme operated by the Scottish Ministers, for payment to certain persons who were abused as children in certain care settings, which opened for applications on 25 April 2019, “ the Criminal Injuries Compensation Scheme ” means— the schemes established by arrangements made under the Criminal Injuries Compensation Act 1995, arrangements for compensation for criminal injuries which were made by the Secretary of State and in operation before the commencement of those schemes, or the scheme established under the Criminal Injuries (Northern Ireland) Order 2002 (S.I. 2002/796 (N.I.1)), “ relevant abuse ” means— the abuse to which the application relates, and any other abuse of the person in respect of whom the application is made for which the applicant would have been eligible to apply for a redress payment by virtue of section 18. Deduction of previous payments: further provision 43 1 This section makes further provision about the deduction of relevant payments from redress payments under section 42(4) and the adjustment of relevant payments in accordance with section 42(5). 2 Where the applicant mentioned in section 42(1) is a child of a deceased person applying for a next of kin payment in respect of that person, the amount which is to be deducted from the redress payment for which the child is eligible is to be calculated in accordance with subsection (3). 3 The amount calculated under section 42(4) as the amount to be deducted is to be divided by the total number of surviving children of the deceased person at the date that the first (or, as the case may be, only) application for a next of kin payment is made in respect of the deceased person by a child of that person. 4 Where— a the application being determined is an application for an individually assessed payment, and b the applicant has previously been paid a redress payment, a relevant payment is not to be deducted under section 42(4) to the extent that it has already been deducted from the previous redress payment. 5 Where the panel appointed under section 35 to determine an application or, as the case may be, the review panel appointed under section 55 to conduct a review considers it appropriate, the panel need not deduct under section 42(4) a relevant payment to which the applicant or, as the case may be, the person in respect of whom the application is made, has only an entitlement. 6 A relevant payment which is a payment under the advance payment scheme is not to be adjusted in accordance with section 42(5). Information about previous payments from applicant 44 1 An applicant for a redress payment must provide the Scottish Ministers with the information mentioned in subsection (2) about any relevant payment— a which the applicant, or the person in respect of whom the application is made, has received or become entitled to before the application is made, and b which the applicant receives or becomes entitled to after the application is made but before the application is determined. 2 The information to be provided is— a the amount of the relevant payment, b the date the relevant payment was made or, as the case may be, an entitlement to it arose, c the name and, in so far as known, the address of the person who made or is due to make the relevant payment, d the circumstances in which the relevant payment was made or an entitlement to it arose, and e any other information about the relevant payment prescribed in regulations made by the Scottish Ministers. 3 Where an applicant provides information under subsection (1) in relation to a relevant payment, the Scottish Ministers must, as soon as reasonably practicable, provide that information to Redress Scotland. Information about previous payments: further provision 45 1 This section applies where— a an applicant provides information about a relevant payment to the Scottish Ministers in accordance with section 44, b the applicant has entered into a settlement or other agreement with any other person in relation to the relevant payment, and c the settlement or other agreement prohibits the applicant from disclosing that information. 2 The disclosure of the information in accordance with section 44 is not to be treated as a breach of the settlement or other agreement. Waiver Waiver 46 1 An applicant to whom an offer of a redress payment is made under section 36 or, as the case may be, 57 and who wishes to accept the offer must sign and return a waiver agreeing— a to abandon any civil proceedings to the extent they are relevant civil proceedings, and b to waive any right to bring relevant civil proceedings. 2 But an applicant to whom subsection (3) applies may accept an offer of a further sum (made by virtue of section 39(1)(b)) without signing and returning a waiver if the condition in subsection (4) is met. 3 This subsection applies to an applicant for an individually assessed payment who has previously been paid— a a fixed rate payment under a previous application for one, or b where the application is made by virtue of section 30(3), an individually assessed payment. 4 The condition referred to in subsection (2) is that no new scheme contributors have been included in the contributor list in the period— a beginning with the effective date of the waiver signed and returned in respect of the fixed rate payment or, where subsection (3)(b) applies, the previous individually assessed payment, and b ending with the date that, but for subsection (2), would be the effective date of a waiver signed and returned in respect of the further sum. 5 Where an applicant signs and returns a waiver in accordance with subsection (1)— a no relevant civil proceedings may be brought by or on behalf of the applicant, b section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 does not apply in so far as it would entitle any person to recover from the Scottish Ministers or a relevant scheme contributor any contribution towards the payment by that person of any damages or expenses in respect of relevant abuse, and c any other right under any enactment or rule of law to recover any contribution from the Scottish Ministers or a relevant scheme contributor in relation to relevant abuse, and any right of relief or of indemnity against Ministers or a relevant scheme contributor in relation to relevant abuse, ceases to have effect. 6 For the purposes of this section— “ effective date ”, in relation to a waiver in respect of a redress payment, is— in a case where a panel appointed under section 35 determines that the applicant is eligible for a redress payment, the date of that determination, in a case where a panel appointed under section 55 to conduct a review determines that the applicant is eligible for a redress payment, the date of that determination, in a case where a panel appointed under section 75 to reconsider a determination or, as the case may be, a panel appointed to conduct a review under section 76 determines that a person is or remains, eligible for a redress payment, the date on which it should have been determined that the applicant was eligible for a redress payment had the original determination not been materially affected by an error, “ relevant abuse ” means— the abuse to which the application relates, and any other abuse of the person in respect of whom the application is made for which the applicant would have been eligible to apply for a redress payment by virtue of section 18, “relevant civil proceedings” are civil proceedings against the Scottish Ministers or any relevant scheme contributor (whether or not the proceedings are also against another person) in which the applicant seeks compensation or any other remedy in relation to relevant abuse, “relevant scheme contributor” is a scheme contributor who is included in the contributor list on the effective date of a waiver signed and returned in accordance with subsection (1). 7 For the purpose of subsection (6), where a scheme contributor is removed from the contributor list with retrospective effect in accordance with section 16, the question of whether the scheme contributor is a relevant scheme contributor on a particular date is to be determined by reference to the contributor list as retrospectively amended. Form and content of waiver 47 The Scottish Ministers may by regulations make provision about— a the form and content of any waiver to be signed and returned under section 46, b the information to be provided to the applicant in relation to the waiver and its effects. Report on effect of waiver on participation in redress scheme 48 Before the end of the period of 18 months beginning with the day section 46 comes into force, the Scottish Ministers must lay before the Scottish Parliament a report setting out— a their assessment of— i the impact (if any) of the waiver under section 46 on applications for a redress payment, ii the effectiveness of the waiver in encouraging public authorities, voluntary organisations and other persons to become scheme contributors, b the steps (if any) they intend to take as a result of that assessment, c where they do not intend to take any such steps, their reasons for that. Payment of redress payment Period for which offer valid 49 1 An applicant to whom an offer of a redress payment is made under section 36 may— a bring the application to an end by accepting the offer in accordance with section 50(1), or b request a review of the offer in accordance with section 54. 2 If neither of the actions specified in subsection (1) is taken within the period for which the offer is valid, the application is to be treated as having been brought to an end by the offer being rejected unless it is continued by virtue of section 66(1). 3 The period for which the offer is valid is— a the period of 6 months beginning with the date on which the offer was received by the applicant, or b where the panel appointed under section 35 to determine the application is satisfied that there is a good reason why the applicant needs, or may need, longer to consider whether or not to accept the offer, such longer period as the panel determines. 4 Where an application is treated as having been brought to an end by virtue of subsection (2), the panel previously appointed under section 35 to determine it, or such other panel as the chairing member of Redress Scotland determines, may revive the application if it considers that there are exceptional circumstances which merit it. 5 Where an application is revived by virtue of subsection (4)— a the offer of a redress payment previously made in relation to it is also revived, and b the period for which the revived offer is valid is such period as the panel determines. Acceptance of offer and making of payments 50 1 An offer of a redress payment is accepted— a by the applicant to whom the offer is made signing and returning a waiver to the Scottish Ministers under section 46, or b in a case where section 46(2) applies to the applicant, by the applicant giving the Scottish Ministers notice in writing that the offer is accepted. 2 Entitlement to a redress payment from the Scottish Ministers arises where— a an offer of a redress payment is accepted in accordance with subsection (1), and b the Scottish Ministers are satisfied that the applicant has abandoned or will abandon any civil proceedings to the extent they are relevant civil proceedings in accordance with the waiver signed and returned under section 46. 3 A redress payment is to be paid by the Scottish Ministers— a in such instalments as are agreed at the request of, or otherwise with the consent of, the applicant, or b otherwise, as a single payment. 4 In this section, “ relevant civil proceedings ” has the meaning given by section 46. Payments to children 51 1 This section applies where a panel appointed under section 35 to determine an application for a redress payment or, as the case may be, a review panel appointed under section 55 to conduct a review makes an offer of a redress payment to an applicant who is under the age of 18 years. 2 The panel may give such directions relating to the payment and management of the redress payment for the benefit of the applicant as it considers appropriate. 3 A direction under subsection (2) may, in particular, provide that the redress payment— a is to be paid in instalments, b is not to be paid until the applicant reaches the age of 18. 4 Where a direction under subsection (2) postpones the payment of the whole or part of the redress payment— a Redress Scotland may at any time, at the request of or otherwise with the consent of the applicant, instruct the Scottish Ministers to make earlier payment to the applicant of the whole or part of the redress payment or, as the case may be, any remaining balance of it, b on the applicant reaching the age of 18, the Scottish Ministers must pay the redress payment or, as the case may be, the balance of it (if any) to the applicant in accordance with paragraphs (a) and (b) of section 50(3). Review of direction made under section 51 52 1 An applicant who is notified of a direction under section 51(2) relating to the payment and management of a redress payment may request a review of the direction. 2 A request for a review must— a be made to the Scottish Ministers, b be made before the end of the period of 8 weeks beginning with the date on which notice of the direction was received by the applicant, c be made in such form, if any, as Ministers require, d specify why a review is being requested, and e contain or be accompanied by any information the applicant considers relevant. 3 The Scottish Ministers must, as soon as reasonably practicable after receiving a request for a review, provide the request, and any information accompanying it, to Redress Scotland. 4 A review may be conducted despite the request for it not being made within the period specified in subsection (2)(b) if Redress Scotland is satisfied that the applicant has a good reason for not requesting a review sooner. 5 The Scottish Ministers must publicise any requirements which are for the time being set under subsection (2)(c). 6 Sections 55, 56 and 59(1) to (5) apply for the purposes of a review under this section as they apply for the purposes of a review under section 54, subject to the modification that the reference in section 59(1) to a determination being made under section 57 is to be read as a reference to a determination being made under section 53. Outcome of a section 52 review 53 1 On a review under section 52, the review panel appointed under section 55 to conduct it— a must consider— i whether the panel which gave the direction under section 51(2) relating to the payment and management of a redress payment ought to have done so, ii in a case where additional evidence is provided to or obtained by the review panel, whether the question of what (if any) direction is given relating to the payment and management of a redress payment ought to be determined differently as a result, b may uphold or reverse the direction. 2 Once the review panel has conducted the review, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable— a notify the applicant of the review panel's determination, and b provide the applicant with a summary, provided by Redress Scotland, of the review panel's reasons for reaching that determination. 3 The determination of the review panel under this section is final. CHAPTER 2 Review of redress payment determinations Right to a review 54 1 This section applies where— a an applicant has received notification of a determination under section 36, and b where an offer of a redress payment was made under that section, the applicant has not brought the application to an end by accepting the offer. 2 The applicant may request a review of the determination to the extent that it is a determination that— a the applicant is not eligible for a redress payment under section 37(2), b the applicant is to be offered a particular amount by way of an individually assessed payment, or c a particular amount is to be deducted in accordance with section 42 from the redress payment offered to the applicant (including where the amount to be deducted is such that the redress payment is reduced to zero). 3 A request for a review must— a be made to the Scottish Ministers, b be made before the end of the period of 8 weeks beginning with the date on which notice of the determination was received by the applicant, c be made in such form, if any, as Ministers require, d specify why a review is being requested, and e contain or be accompanied by any information the applicant considers relevant. 4 The Scottish Ministers must, as soon as reasonably practicable after receiving a request for a review, provide the request, and any information accompanying it, to Redress Scotland. 5 A review may be conducted despite the request for it not being made within the period mentioned in subsection (3)(b) if Redress Scotland is satisfied that the applicant has a good reason for not requesting a review sooner (whether or not the application to which it relates is one which has been brought to an end by virtue of section 49(2)). 6 The Scottish Ministers must publicise any requirements which are for the time being set under subsection (3)(c). Review panels 55 1 A request for a review is to be determined on behalf of Redress Scotland by a panel of members of Redress Scotland appointed by the chairing member in accordance with this section (“a review panel”). 2 A review panel— a is to consist of at least 3 members, b must not include any member of the panel whose determination is the subject of the request for a review. Procedure for a review 56 1 The review panel appointed under section 55 to conduct the review— a may invite oral representations to be made if the panel considers it necessary, b otherwise, is to determine the review on the basis of— i the evidence on which the determination which is the subject of the request for a review was made, and ii any further relevant evidence which is provided to or obtained by the review panel, including any information contained in or accompanying the request for a review and any written representations which are made to the review panel. 2 The procedure for conducting a review is otherwise to be determined by Redress Scotland. Outcome of a review 57 1 On a review, the review panel appointed under section 55 to conduct it must consider— a whether the panel appointed under section 35 to determine the application in question ought to have reached a different determination, and b in a case where additional evidence is provided to or obtained by the review panel, whether the application ought to be determined differently as a result. 2 The review panel may not— a reverse or vary a determination under section 36 that an applicant is eligible for a redress payment, b determine that an applicant is to be offered a lower amount by way of an individually assessed payment than the applicant was offered under section 36, or c determine that more is to be deducted in accordance with section 42 from the redress payment offered to the applicant than was determined under section 36. 3 But the review panel may otherwise uphold, reverse or vary any part of the determination (whether the request for a review relates to that part of it or not). 4 Subsections (4) and (7) of section 36 apply to a determination as upheld, reversed or varied as they apply to a determination made under section 36, subject to the modification that references to the panel appointed under section 35 to determine the application are to be read as references to the review panel appointed under section 55 to conduct the review. 5 Once the review panel has conducted the review, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable— a notify the applicant of the review panel's determination, and b provide the applicant with— i a summary, provided by Redress Scotland, of the review panel's reasons for reaching that determination, and ii where an offer of a redress payment is made (whether by upholding, reversing or varying the determination of the panel appointed under section 35), information about the period for which the offer remains valid under section 58 and the options available to the applicant in respect of it. 6 The determination of the review panel under this section is final. 7 In this section, the “ application in question ” means the application under section 29, the determination of which is the subject of the request for a review. Period for which offer valid following a review 58 1 An applicant to whom an offer of a redress payment is made on a review (whether by upholding, reversing or varying the determination of the panel appointed under section 35) may bring the application to an end by accepting the offer in accordance with section 50(1). 2 If the offer is not so accepted within the period for which the offer is valid, the application is to be treated as having been brought to an end by the offer being rejected unless it is continued by virtue of section 66(1). 3 The period for which the offer is valid is— a the period of 6 months beginning with the date on which the offer was received by the applicant, or b where the review panel appointed under section 55 to conduct the review is satisfied that there is a good reason why the applicant needs, or may need, longer to consider whether or not to accept the offer, such longer period as the review panel determines. 4 Where an application is treated as having been brought to an end by virtue of subsection (2), the review panel previously appointed under section 55 to conduct the review in relation to it, or such other panel as the chairing member of Redress Scotland determines, may revive the application if it considers that there are exceptional circumstances which merit it. 5 Where an application is revived by virtue of subsection (4)— a the offer of a redress payment previously made on a review of the application is also revived, and b the period for which the revived offer is valid is such period as the panel determines. Withdrawal of review request 59 1 A request for a review may be withdrawn at the request of the applicant at any time prior to a determination being made under section 57. 2 A request under subsection (1) must be made in writing to the Scottish Ministers. 3 The Scottish Ministers must, as soon as reasonably practicable after receiving a request under subsection (1), inform Redress Scotland of it. 4 Where Redress Scotland is informed of a request made under subsection (1), Redress Scotland must bring to an end any further determination of the review to which the request relates. 5 Where a request for a review is withdrawn, no further request for a review may be made in respect of the determination to which the request related unless the further request is made for a different reason. 6 Subsection (7) applies where the withdrawn request relates to the review of a determination where an offer of a redress payment had been made under section 36. 7 The 6 month period for which the offer remains valid under section 49(3), or any longer period which had been determined under that section prior to the request for a review being made, is to be extended by the number of days in the period— a beginning with the date on which the request for a review was made, and b ending with the date on which the request is withdrawn. CHAPTER 3 Applications affected by convictions for serious offences Applicants etc. with convictions for serious offences 60 1 This section applies where, at any time before a panel appointed under section 35 to determine an application, or, as the case may be, a review panel appointed under section 55 to conduct a review, does so, a person mentioned in subsection (2) is— a convicted of— i murder, ii rape, or iii a relevant offence for which the person is sentenced to imprisonment for a term of 5 years or more, or b convicted of an equivalent offence and, in the case of an offence equivalent to a relevant offence, is sentenced to imprisonment for a term of 5 years or more. 2 The person referred to in subsection (1) is— a in the case of an application for a fixed rate payment or an individually assessed payment— i the applicant, or ii where the applicant dies while the application is ongoing, the applicant or the applicant's nominated beneficiary, b in the case of an application for a next of kin payment, the applicant or the person in respect of whom the application is made. 3 For the purpose of subsection (2)(a)(ii), whether an application is ongoing is to be determined in accordance with section 66(6) and (7). 4 Before the panel mentioned in subsection (1) determines the application or, as the case may be, the request for a review, it must determine, in accordance with subsection (5), whether or not the applicant or, as the case may be, the nominated beneficiary (“ the relevant person ”) is precluded from being offered a redress payment. 5 The relevant person is precluded from being offered a redress payment where the panel, having regard to the matters mentioned in subsection (6), considers that it would be contrary to the public interest to make a redress payment to that person. 6 The matters referred to in subsection (5) are— a the nature of the offence, b the sentence imposed (and, where the sentence is or includes imprisonment, the term imposed), c the length of time since the offence was committed, d any rehabilitation activity undertaken by the person who committed the offence, and e any other matter that the panel considers relevant. 7 Where the panel mentioned in subsection (1) determines under subsection (4) that a relevant person is precluded from being offered a redress payment, it may also determine whether or not the relevant person would otherwise have been eligible for a redress payment. 8 Once the panel has determined whether or not the relevant person is precluded from being offered a redress payment and, where applicable, whether or not the person would otherwise have been eligible for such a payment, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable— a notify the relevant person of the determination, and b provide the relevant person with a summary, provided by Redress Scotland, of the panel's reasons for reaching that determination. 9 In this section, “ equivalent offence ” means an offence under the law in force in a country outside the United Kingdom at the time of the offence where the acts or omissions which constitute the offence would, if committed in the United Kingdom, have constituted an offence mentioned in subsection (1)(a). Applicants etc. with convictions for serious offences: definitions 61 1 For the purposes of section 60— “ imprisonment ” includes detention in a young offenders institution or detention centre, detention in a Borstal institution and penal servitude, “ murder ” includes, in relation to murder committed outside Scotland, aiding, abetting, counselling, procuring or inciting murder, “rape”— means rape— at common law, under section 1 of the Sexual Offences Act 1956, under section 1 of the Sexual Offences Act 2003, of a child under 13 (under section 5 of that Act), by virtue of article 18 of the Criminal Justice (Northern Ireland) Order 2003 (SI 2003/1247 (N.I. 13)), under article 5 of the Sexual Offences (Northern Ireland) Order 2008 (SI 2008/1769 (N.I. 2)), of a child under 13 (under article 12 of that Order), under section 1 of the Sexual Offences (Scotland) Act 2009, of a young child (under section 18 of that Act), and includes, in relation to rape committed outside Scotland, aiding, abetting, counselling, procuring or inciting rape, “ relevant offence ” means— a violent offence, being an offence inferring personal violence other than— murder, rape, or a sexual offence, a sexual offence listed in schedule 3 of the Sexual Offences Act 2003 other than rape (but including attempted rape and conspiracy to commit rape). 2 The Scottish Ministers may by regulations modify subsection (1) to— a add an offence, b vary the description of an offence, c remove an offence. Review of determination made under section 60 62 1 A relevant person who is notified of a determination under section 60 that the person is precluded from being offered a redress payment or, as the case may be, that the person would otherwise not have been eligible for such a payment may request a review of the determination. 2 A request for a review must— a be made to the Scottish Ministers, b be made before the end of the period of 8 weeks beginning with the date on which notice of the determination was received by the relevant person, c be made in such form, if any, as Ministers require, d specify why a review is being requested, and e contain or be accompanied by any information the person considers relevant. 3 The Scottish Ministers must, as soon as reasonably practicable after receiving a request for a review, provide the request, and any information accompanying it, to Redress Scotland. 4 A review may be conducted despite the request for it not being made within the period specified in subsection (2)(b) if Redress Scotland is satisfied that the relevant person has a good reason for not requesting a review sooner. 5 The Scottish Ministers must publicise any requirements which are for the time being set under subsection (2)(c). 6 Sections 55, 56 and 59(1) to (5) apply for the purposes of a review under this section as they apply for the purposes of a review under section 54, subject to the modification that the reference in section 59(1) to a determination being made under section 57 is to be read as a reference to a determination being made under section 63. Outcome of a section 62 review 63 1 On a review under section 62, the review panel appointed under section 55 to conduct it— a must consider— i whether the panel which determined, under section 60, that the relevant person is precluded from being offered a redress payment, or, as the case may be, would not otherwise have been eligible for a redress payment, ought to have reached a different determination, and ii in a case where additional evidence is provided to or obtained by the review panel, whether the application ought to be determined differently as a result, b may uphold or reverse the determination. 2 Once the review panel has conducted the review, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable— a notify the relevant person of the review panel's determination, b provide the person with a summary, provided by Redress Scotland, of the review panel's reasons for reaching that determination. 3 Where the review panel reverses a determination that the relevant person is precluded from being offered a redress payment, the Scottish Ministers must refer the application or, as the case may be, the request for a review under section 54 to the panel which made the determination under section 60(4), to determine it. 4 The determination of the review panel under this section is final. Information about convictions for serious offences 64 1 An applicant or, as the case may be, an applicant's nominated beneficiary (“a relevant person”) must provide the Scottish Ministers with the information mentioned in subsection (2) in relation to any conviction which is or may be relevant for the purposes of section 60. 2 The information to be provided in relation to a conviction is— a the nature of the offence, b the sentence imposed (and, where the sentence is or includes imprisonment, the term imposed), c the length of time since the offence was committed, and d any rehabilitation activity undertaken by the person who committed the offence. 3 Where the relevant person provides information in relation to a conviction under subsection (1), the Scottish Ministers must, as soon as reasonably practicable, provide that information to Redress Scotland. CHAPTER 4 Death of applicant Nomination of a beneficiary 65 1 An applicant for a fixed rate payment or an individually assessed payment may, as part of the application or by other notice in writing to the Scottish Ministers, nominate a person (a “nominated beneficiary”) whom the applicant would like to be invited to take over the application in the event that the applicant dies while the application is ongoing. 2 A nomination under subsection (1) remains in force unless— a the nomination is withdrawn by the applicant giving notice in writing to the Scottish Ministers, or b the person who is nominated dies or, in the case of a person other than an individual, ceases to exist. 3 In this section and in sections 66 to 73, the “ application ” includes, in relation to an application for a redress payment, a request for a review of the determination of that application. Applicant's death while application ongoing 66 1 Where an applicant for a redress payment dies while the application is ongoing, it brings the application to an end unless— a there is a nomination in force in relation to the application under section 65, and b the nominated beneficiary is to be invited to take over the application by virtue of subsection (2) or (3). 2 Where the applicant dies— a after the panel appointed under section 35 to determine the application has all the information that it requires in order to do so, but b while the application is ongoing, the nominated beneficiary is to be invited to take over the application. 3 Where the applicant dies— a after making the application, but b before the panel appointed under section 35 to determine the application has all the information that it requires in order to do so, the panel must determine, in accordance with subsection (4), whether or not the nominated beneficiary is to be invited to take over the application. 4 The panel may determine under subsection (3) that the nominated beneficiary is to be invited to take over the application only if it considers that there are exceptional circumstances which merit it. 5 Once the panel has reached a determination under subsection (3), Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable— a notify the nominated beneficiary of the determination, and b provide the nominated beneficiary with a summary, provided by Redress Scotland, of the panel's reasons for reaching that determination. 6 For the purpose of this section, an application is ongoing from the time it is made until— a it is withdrawn under section 33, b in a case where a determination is made under section 36 or 60 that the applicant is not eligible for, or is precluded from being offered, a redress payment, either— i the period within which a review may be requested expires, no review of the determination having been requested, or ii a review of the determination having been requested, the determination is upheld on review or the request for a review of the determination is withdrawn, or c in a case where a determination is made (whether under section 36 or on a review) that the applicant is eligible for a redress payment, the application is brought to an end under section 49 or, as the case may be, 58. 7 An application is also ongoing from the time either— a a request to revive it is made by virtue of section 49(4) or 58(4) or it is revived under either of those sections without such a request being made, or b a late request for a review is made in relation to it, until the time any such request is rejected or withdrawn, or the application is brought to an end as mentioned in subsection (6)(b)(ii) or (c). Access to information and evidence by nominated beneficiary 67 1 This section applies where a nominated beneficiary— a has been invited to take over an application by virtue of section 66 and the period specified in section 71(3) has not expired, or b has requested a review under section 68. 2 Redress Scotland and the Scottish Ministers must, on request, provide the nominated beneficiary with access to any information or evidence held by it or them which has been obtained by or provided to it or them in connection with the application to which the invitation or, as the case may be, the review relates. 3 Nothing in this section authorises the disclosure of any information or evidence— a that would be likely to identify any person other than the nominated beneficiary or the person in respect of whom the application to which the invitation or, as the case may be, review relates, b that would be in contravention of the data protection legislation. 4 In this section, “ the data protection legislation ” has the meaning given by section 3(9) of the Data Protection Act 2018. Review of determination made under section 66(3) 68 1 A nominated beneficiary who is notified of a determination under section 66(3) that the nominated beneficiary is not going to be invited to take over the application may request a review of the determination. 2 A request for a review must— a be made to the Scottish Ministers, b be made before the end of the period of 8 weeks beginning with the date on which notice of the determination was received by the nominated beneficiary, c be made in such form, if any, as Ministers require, d specify why a review is being requested, and e contain or be accompanied by any information the nominated beneficiary considers relevant. 3 The Scottish Ministers must, as soon as reasonably practicable after receiving a request for a review, provide the request, and any information accompanying it, to Redress Scotland. 4 A review may be conducted despite the request for it not being made within the period specified in subsection (2)(b) if Redress Scotland is satisfied that the nominated beneficiary has a good reason for not requesting a review sooner. 5 The Scottish Ministers must publicise any requirements which are for the time being set under subsection (2)(c). 6 Sections 55, 56 and 59(1) to (5) apply for the purposes of a review under this section as they apply for the purposes of a review under section 54, subject to the modification that the reference in section 59(1) to a determination being made under section 57 is to be read as a reference to a determination being made under section 69. Outcome of a section 68 review 69 1 On a review under section 68, the review panel appointed under section 55 to conduct it— a must consider— i whether the panel which determined, under section 66(3), whether or not to invite the nominated beneficiary to take over the application ought to have reached a different determination, and ii in a case where additional evidence is provided to or obtained by the review panel, whether the application ought to be determined differently as a result, b may uphold or reverse the determination. 2 Once the review panel has conducted the review, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable— a notify the nominated beneficiary of the review panel's determination, and b provide the nominated beneficiary with a summary, provided by Redress Scotland, of the review panel's reasons for reaching that determination. 3 Where the review panel reverses the determination in respect of which the review was requested, the Scottish Ministers must invite the nominated beneficiary to take over the application. 4 Where the review panel determines that the nominated beneficiary is to be invited to take over the application, the application is to be treated as having been continued by virtue of section 66(3). 5 The determination of the review panel under this section is final. Applicant's death after offer accepted 70 Where an applicant for a redress payment dies— a after accepting an offer of a redress payment in accordance with section 50(1), but b before the redress payment is paid, the redress payment is to be paid to the applicant's estate. Invitation to nominated beneficiary to take over application 71 1 This section applies where, by virtue of section 66, a nominated beneficiary is to be invited to take over an application after an applicant's death. 2 On becoming aware that a nominated beneficiary is to be invited to take over an application, the Scottish Ministers must— a notify the nominated beneficiary of the invitation to take over the application, and b provide the nominated beneficiary with information about the effect of taking over the application. 3 The nominated beneficiary has a period of 8 weeks, beginning with the date on which notice of the invitation was received by the nominated beneficiary, to— a accept the invitation by giving notice in writing to the Scottish Ministers, and b in a case where the nominated beneficiary is being invited to take over the application by virtue of section 66(3), provide any remaining information that the panel appointed under section 35 to determine the application requires from the nominated beneficiary in order to do so. 4 The Scottish Ministers must— a as soon as reasonably practicable after receiving notification of acceptance in accordance with subsection (3)(a), inform Redress Scotland of that acceptance, and b as soon as reasonably practicable after receiving any information provided in accordance with subsection (3)(b), provide Redress Scotland with that information. 5 Where the actions specified in subsection (3) are not taken within the period specified in that subsection, the application is to be treated as having been brought to an end by the invitation being rejected. 6 Where the actions specified in subsection (3) are taken within the period specified in that subsection, the nominated beneficiary takes over the application. 7 A nominated beneficiary must, on request by the Scottish Ministers, provide Ministers with such evidence as they require as to— a the applicant's death, b the nominated beneficiary's identity. Application taken over by nominated beneficiary 72 1 Where a nominated beneficiary takes over an application by virtue of section 71— a the application and any review of it is, subject to section 60, to be determined by the panel on the basis of the eligibility of the applicant, b any relevant payments to be deducted from a redress payment are to be based on payments made to the applicant or to which the applicant was entitled, and c the question of whether a fixed rate payment or, in the case of an application made by virtue of section 30(3), an individually assessed payment has previously been paid is to be determined based on payment to the applicant or the applicant's estate, but the nominated beneficiary is otherwise, subject to section 70 and the exceptions in subsection (3), to be treated for the purposes of this Act as taking the place of the applicant in relation to the application. 2 Accordingly, subject to section 70 and the exceptions in subsection (3)— a the nominated beneficiary is, subject to section 60, to be offered any redress payment which the applicant would, if alive, have been offered in respect of the application, b the nominated beneficiary may do anything under this Act in relation to the determination of the application which the applicant could have done if alive (including seeking costs and expenses in connection with it), and c any requirement imposed by this Act on the applicant in relation to the application is to be treated as being imposed on the nominated beneficiary. 3 The exceptions referred to in subsections (1) and (2) are— a for the purpose of Part 3, the nominated beneficiary is not to be treated as having applied for a redress payment, b in relation to the waiver required in order to accept an offer of a redress payment, section 46(2) is not to be treated as applying to the nominated beneficiary by reason of the applicant having previously signed a waiver, c the nominated beneficiary may not make a further nomination under section 65, d the nominated beneficiary may not, in that capacity, apply for emotional or psychological support under any arrangements which may be made under section 90. 4 Where a nominated beneficiary takes over an application after a panel appointed under section 35 to determine the application or, as the case may be, a review panel appointed under section 55 to conduct a review, has already done so, section 60 applies as if— a subsection (4) of that section required the panel to make a determination under that subsection as soon as reasonably practicable after the nominated beneficiary takes over the application, and b subsection (1) of that section applied to a conviction which occurred or a sentence which was imposed before the date of the determination to take place by virtue of paragraph (a). Nominated beneficiary's death etc. 73 1 This section applies where a nominated beneficiary who has taken over an application dies or, as the case may be, ceases to exist. 2 Where the nominated beneficiary dies or, in the case of a person other than an individual, ceases to exist while the application in relation to which the person is nominated is ongoing, it brings the application to an end. 3 Where an individual is the nominated beneficiary and the individual dies— a after accepting an offer of a redress payment in accordance with section 50(1), but b before the redress payment is paid, the redress payment is to be paid to the individual's estate. 4 For the purpose of this section, the question of whether an application is ongoing is to be determined in accordance with section 66(6) and (7). CHAPTER 5 Redress payments or determinations made in error Liability for redress payments made in error 74 1 A person is liable to pay the Scottish Ministers the value of any redress payment to the extent that it is paid to the person due to a relevant error. 2 A person's liability under subsection (1) is the difference in value between— a the redress payments that are paid to the person, and b the redress payments (if any) that would have been paid to the person had the relevant error not been made. 3 Where the Scottish Ministers seek to recover a sum due to them by a person under subsection (1), the sum may be paid— a in such instalments as are agreed at the request of, or otherwise with the consent of, the person, or b otherwise, as a single payment. 4 In this section, references to a relevant error are to— a an error when making a payment of a redress payment, b an error which Redress Scotland determines under section 75, or, as the case may be, on a review under section 76, led to a determination under this Part being made— i incorrectly, or ii correctly but on the basis of incorrect or misleading information, in a way which materially affected the determination. Reconsideration of determination where possible material error 75 1 Where Redress Scotland has, or the Scottish Ministers have, cause to believe that a determination under this Part may have been materially affected by an error, it or they must refer the determination for reconsideration (regardless of whether or not a payment has been made under it). 2 A determination which is referred for reconsideration is to be considered on behalf of Redress Scotland by a panel of at least 3 members of Redress Scotland appointed by the chairing member (“a reconsideration panel”). 3 Where Redress Scotland refers a determination for reconsideration, it must, as soon as reasonably practicable, inform the Scottish Ministers of the referral. 4 Where a determination is referred for reconsideration by either Redress Scotland or the Scottish Ministers, the Scottish Ministers must, as soon as reasonably practicable— a notify the relevant person— i that the determination is to be reconsidered, and ii of the reasons, provided by the person who has made the referral, for the reconsideration, b provide the relevant person with information about the implications of the determination being reconsidered, and c allow the relevant person a period of at least 8 weeks, beginning with the date on which notice of the reconsideration was received by the person, for the person to make written representations in connection with the reconsideration. 5 After the period for the making of representations under subsection (4)(c) has ended, the reconsideration panel must— a determine whether the original determination was materially affected by an error, and b if it was so affected, re-determine it on the basis of how it would have been determined had the error not been made. 5A Subsection (5B) applies where, in relation to an original determination which determined an application for a redress payment, the reconsideration panel determines under subsection (5)(b) that a person— a is eligible for a redress payment, and b is not precluded from being offered a redress payment by virtue of section 60 (as it applies by virtue of subsection (5)(b)). 5B In assessing the amount of the redress payment (if any) to be offered, no account is to be taken of any redress payment which has previously been paid in respect of the original determination but no entitlement to any such amount arises by virtue of section 50(2). 6 For the purposes of other proceedings, nothing done under a reconsideration is to be taken as a finding as to whether or not a person who is referred to in the application to which the original determination relates acted, or failed to act, in a way suggested in the application. 7 Once the reconsideration panel has conducted the reconsideration, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable— a notify the relevant person of the reconsideration panel's determination, and b provide the relevant person with— i a summary, provided by Redress Scotland, of the reconsideration panel’s reasons for reaching that determination, ii information in relation to the effect of the panel’s determination on a previous offer of a redress payment made under the original determination, iii where the panel’s determination makes an offer of a redress payment, information about the period for which the offer remains valid by virtue of section 49(3) and the options available to the relevant person in respect of it. 8 Where the reconsideration panel makes a determination, in relation to an original determination in respect of which a right of review still exists, that the original determination was materially affected by an error— a the reconsideration panel’s determination takes the place of the original determination, and b any review of the reconsideration panel’s determination is to be conducted under section 76. 9 In this section and in sections 75A to 78 — “ error ” means an error which led to a determination under this Part being made— incorrectly, or correctly but on the basis of incorrect or misleading information, “ original determination ” means the determination referred for reconsideration under subsection (1), “ relevant person ” means— the person who was notified of the determination which is the subject of the referral, or if that person has died— where a payment under the determination was made to the deceased person, the deceased person's estate, where a payment under the determination was, or is to be, made to another person (including the deceased person's estate), that person. Effect of referral for reconsideration on ongoing applications 75A 1 This section applies where— a an offer of a redress payment was made under the original determination, b at the point at which the original determination was referred for reconsideration, the offer had not been accepted and the period for which the offer (or, as the case may be, the offer as revived under section 49(4) or 58(4)) is valid had not ended. 2 From the point at which the original determination is referred for reconsideration— a the offer is suspended (and any purported acceptance of it while it is suspended is of no effect), a where a request for a review of the original determination has been made but not determined, the review is paused. 3 Where the reconsideration panel determines under section 75(5)(a) that the original determination was not materially affected by an error— a the offer is revived, b subsections (4) and (5) apply, and c any review paused by virtue of subsection (2)(b) is resumed. 4 Where the original determination was made under section 36, sections 49 to 53 apply subject to the following modifications— a references to the applicant are to be read as references to the relevant person, b in section 49— i in subsection (3)(a), for “the date on which the offer was received by the applicant” there is substituted “the date on which the relevant person received notification of the determination under section 75(5)(a)” , and ii in subsections (3)(b) and (4), the references to the panel appointed under section 35 are to be read as references to the reconsideration panel, c in section 51(1), the reference to the panel appointed under section 35 or, as the case may be, a review panel appointed under section 55 is to be read as a reference to the reconsideration panel. 5 Where the original determination was made on a review, sections 50 and 58 apply subject to the following modifications— a references to the applicant are to be read as references to the relevant person, b in section 58(3)(a), for “the date on which the offer was received by the applicant” there is substituted “the date on which the relevant person received notification of the determination under section 75(5)(a)” , and c in section 58(3)(b) and (4), the references to the review panel are to be read as references to the reconsideration panel. Effect of referral for reconsideration on unpaid redress payments 75B 1 This section applies where— a an offer of a redress payment was made under the original determination, b at the point at which the original determination was referred for reconsideration, the offer had been accepted but payment (in whole or in part) had not been made. 2 From the point at which the original determination is referred for reconsideration, any entitlement to the redress payment (or any unpaid part of it) under section 50(2) is suspended. 3 Where the reconsideration panel determines under section 75(5)(a) that the original determination was not materially affected by an error, any entitlement to the redress payment (or any unpaid part of it) under section 50(2) is restored. Effect of redetermination: no eligibility or no offer made 75C 1 This section applies where a reconsideration panel determines under section 75(5)(b) that a person— a is not eligible for a redress payment, b is so eligible but no redress payment is to be offered (for example, due to the deduction of relevant payments), or c is precluded from being offered a redress payment by virtue of section 60 (as it applies by virtue of section 75(5)(b)). 2 Any waiver signed and returned in accordance with section 46 in respect of an offer made under the original determination is of no effect. Effect of redetermination: offer made where no previous offer or previous offer not accepted 75D 1 This section applies where the reconsideration panel determines under section 75(5)(b) that an offer of a redress payment is to be made and— a no offer of a redress payment was made under the original determination, or b such an offer was made but, at the point at which the original determination was referred for reconsideration, the offer had not been accepted. 2 Subject to subsection (3), sections 46, 47 and 49 to 53 apply to the offer made under section 75(5)(b) as they apply to an offer made under a determination under section 36 but subject to the modification that references in those sections to— a the applicant (other than the reference in the definition of “relevant abuse” in section 46(6)) are to be read as references to the relevant person, and b the panel appointed under section 35 or, as the case may be, a review panel appointed under section 55 are to be read as references to the reconsideration panel. 3 Sections 46, 47 and 49 to 53 are subject to the following further modifications— a in section 46(2), for “an applicant to whom subsection (3) applies” substitute “, where subsection (3) applies, the relevant person” , b in section 46(3), for “to an applicant for an individually assessed payment who” substitute “where the application to which the original determination relates is an application for an individually assessed payment and the applicant in relation to that application” , c for section 49(1), substitute— 1 A relevant person to whom an offer of a redress payment is made under section 75(5)(b) may— a accept the offer in accordance with section 50(1), b reject the offer in accordance with subsection (1A), or c request a review of the offer in accordance with section 76. 1A An offer of a redress payment made under section 75(5)(b) is rejected by the relevant person giving the Scottish Ministers notice in writing that the offer is rejected. , d in section 49(2), for “neither” substitute “none” , e in section 49(3)(a), for “the date on which the offer was received by the applicant” there is substituted “the date on which the relevant person received notification of the determination under section 75(5)(b)” . Effect of redetermination: offer made where previous offer accepted 75E 1 This section applies where the reconsideration panel determines under section 75(5)(b) that an offer of a redress payment is to be made (“the new offer”) and— a an offer of a redress payment was made under the original determination (“the original offer”), and b at the point at which the original determination was referred for reconsideration, the original offer had been accepted. 2 Where the new offer is an offer of the same amount as the original offer— a the new offer is deemed to have been accepted in accordance with section 50(1), b any waiver signed and returned in accordance with section 46 in respect of the original offer continues to have effect, c subject to the modification in subsection (3), sections 50(2) to (4) and 51 to 53 apply to the new offer as they apply to an offer made under a determination under section 36, and d references in those sections to— i the applicant are to be read as references to the relevant person, and ii the panel appointed under section 35 or, as the case may be, a review panel appointed under section 55 are to be read as references to the reconsideration panel. 3 The modification referred to in subsection (2)(c) is, in section 50(4), after “section 46” insert “(as modified by section 75D(2)(a))” . 4 Where the new offer is not an offer of the same amount as the original offer, sections 49 to 53 apply to the new offer as they apply to an offer made under a determination under section 36 but subject to the modification that references in those sections to— a the applicant are to be read as references to the relevant person, and b the panel appointed under section 35 or, as the case may be, review panel appointed under section 55 are to be read as references to the reconsideration panel. 5 Where subsection (4) applies, sections 49 and 50 are subject to the following further modifications— a for section 49(1), substitute— 1 A relevant person to whom an offer of a redress payment is made under section 75(5)(b) may— a accept the offer in accordance with section 50(1), b reject the offer in accordance with subsection (1A), or c request a review of the offer in accordance with section 76. 1A An offer of a redress payment made under section 75(5)(b) is rejected by the relevant person giving the Scottish Ministers notice in writing that the offer is rejected. , b in section 49(2)— i for “neither” substitute “none” , and ii for “rejected” substitute “accepted” , c in section 49(3)(a), for “the date on which the offer was received by the applicant” there is substituted “the date on which the relevant person received notification of the determination under section 75(5)(b)” . d for section 50(1) substitute— 1 An offer of a redress payment made under a determination under section 75(5)(b) is accepted by the relevant person giving the Scottish Ministers notice in writing that the offer is accepted. , e in section 50(2)(a), after “subsection (1)” insert “or, as the case may be, treated as accepted under section 49(2)” , f in section 50(4), after “section 46” insert “(as modified by section 75D(2)(a))” . 6 Where the relevant person accepts the new offer or is treated as having accepted the new offer under section 49(2), any waiver signed and returned in accordance with section 46 in respect of the original offer continues to have effect. 7 Where the relevant person rejects the new offer, any waiver signed and returned in accordance with section 46 in respect of the original offer is of no effect. 8 For the avoidance of doubt, in a case where the original offer relates to an application for an individually assessed payment made by virtue of section 30(2) or, as the case may be, (3), subsection (7) does not apply to any waiver signed in relation to an offer of a redress payment made previously to or in respect of the applicant. Review of reconsidered determination 76 1 A person who is notified of a determination under section 75 may request a review of it. 2 A request for a review must— a be made to the Scottish Ministers, b be made before the end of the period of 8 weeks beginning with the date on which notice of the determination was received by the person requesting the review, c be made in such form, if any, as Ministers require, d specify why a review is being requested, and e contain or be accompanied by any information the person requesting the review considers relevant. 3 The Scottish Ministers must, as soon as reasonably practicable after receiving a request for a review, provide the request, and any information accompanying it, to Redress Scotland. 4 A review may be conducted despite the request for it not being made within the period specified in subsection (2)(b) if Redress Scotland is satisfied that the person requesting the review has a good reason for not requesting a review sooner. 5 The Scottish Ministers must publicise any requirements which are for the time being set under subsection (2)(c). 6 Sections 55, 56 and 59(1) to (5) apply for the purposes of a review under this section as they apply for the purposes of a review under section 54, subject to the modification that the reference in section 59(1) to a determination being made under section 57 is to be read as a reference to a determination being made under section 77. Outcome of a section 76 review 77 1 On a review under section 76, the review panel appointed under section 55 to conduct it must consider— a whether the reconsideration panel which determined, under section 75, whether the original determination was materially affected by error and, if so, how it ought to be re-determined ought to have reached a different determination, and b in a case where additional evidence is provided to or obtained by the review panel, whether the application ought to be determined differently as a result. 2 The review panel may not— a reverse or vary a determination under section 75 that a person is or remains eligible for a redress payment, b determine that a person is to be entitled to or, as the case may be, offered a lower amount by way of an individually assessed payment than the person was entitled to or offered under section 75, or c determine that more is to be deducted in accordance with section 42 from the person's redress payment than was determined under section 75. 3 But the review panel may otherwise uphold, reverse or vary any part of the determination (whether the request for a review relates to that part of it or not). 4 Subsections (4) and (7) of section 36 apply to a determination as upheld, reversed or varied as they apply to a determination made under section 36, subject to the modification that references to the panel appointed under section 35 to determine the application are to be read as references to the review panel. 4A Subsections (4B) and (4C) apply where the review panel determines under this section that an offer of a redress payment is to be made (whether or not an offer of a redress payment was made under the determination under section 75(5)(b) which was the subject of the request for a review). 4B In assessing the amount of the redress payment (if any) to be offered, no account is to be taken of any redress payment which has previously been paid in respect of the original determination which was referred for reconsideration under section 75 but no entitlement to any such amount arises by virtue of section 50(2). 4C Section 75D or, as the case may be, 75E applies to an offer made under a determination under this section as it applies to an offer made under a determination under section 75(5)(b) subject to the following modifications— a references to the relevant person are to be read as references to the person who requested the review, b references to the reconsideration panel are to be read as references to the review panel appointed to conduct the review under section 76. 5 Once the review panel has conducted the review, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable— a notify the person who requested it of the review panel's determination, and b provide the person with— i a summary, provided by Redress Scotland, of the review panel’s reasons for reaching that determination, ii information in relation to the effect of the panel’s determination on a previous offer of a redress payment made under the determination under section 75(5)(b), iii where the panel’s determination makes an offer of a redress payment, information about the period for which the offer remains valid by virtue of section 49(3) and the options available to the person in respect of it. 6 The determination of the review panel under this section is final. 7 For the avoidance of doubt, subsection (6) does not prevent the determination of the review panel being the subject of a referral under section 75 provided that the referral relates to a different error from the one which previously led to the review. Withdrawal of review request 77A 1 This section applies where— a a request for a review under section 76 is withdrawn in accordance with section 59 (as applied by section 76(6)), and b the request relates to a review of a determination under section 75(5)(b) under which an offer of a redress payment was made. 2 The period for which the offer remains valid under section 49(3), or any longer period which had been determined under that section prior to the request for a review being made, is to be extended by the number of days in the period— a beginning with the date on which the request for a review was made, and b ending with the date on which the request was withdrawn. Liability for redress payment where offer on redetermination rejected 77B 1 This section applies where— a an offer of a redress payment was made under the original determination (“the original offer”), b the offer had been accepted in accordance with section 50(1) and payment (in whole or in part) had been made, c the reconsideration panel determines under section 75(5)(b) or, as the case may be, a review panel determines under section 77 that an offer of a redress payment is to be made (“the new offer”), and d the relevant person or, as the case may be, the person who requested the review rejects the new offer. 2 The person is liable to pay the Scottish Ministers the value of any redress payment paid in respect of the original offer (whether or not that person is also liable to pay any amount by virtue of section 74). 3 Where the Scottish Ministers seek to recover a sum due to them by a person under subsection (2), the sum may be paid— a in such instalments as are agreed at the request of, or otherwise with the consent of, the person, and b otherwise, as a single payment. Power to make further provision about reconsiderations 78 1 The Scottish Ministers may by regulations make further provision about or in connection with the reconsideration of a determination under section 75 and any review of it under section 76. 2 Regulations under subsection (1) may, in particular— a make provision requiring or enabling the payment by the Scottish Ministers of fees for legal work and other costs and expenses reasonably incurred by a person who is a relevant person under section 75(9) in connection with a reconsideration, b make provision for the recovery of such fees for legal work and other costs and expenses where payment of those fees, costs and expenses was due to an error, c make provision allowing material changes which have occurred since the date of the original determination to be taken into account, or taken into account in particular cases, in any re-determination under section 75(5)(b), d make provision in relation to the interaction of the reconsideration panel's determination with any offer that has already been accepted (including any waiver signed and returned in order to do so). 3 Regulations under subsection (1) may modify any enactment (including this Act). CHAPTER 6 Provision of information and evidence Power of the Scottish Ministers to require the provision of evidence 79 1 The Scottish Ministers may, for a purpose mentioned in subsection (2), by notice in writing require a person, other than an applicant, to provide the Scottish Ministers on or before a specified date with— a specified information, documents, objects, or other items of evidence, b evidence in the form of a written statement. 2 The purposes referred to in subsection (1) are the determination of any matter by— a a panel appointed under section 35 to determine an application, b a review panel appointed under section 55 to conduct a review, c a reconsideration panel appointed under section 75 to reconsider a determination. 3 A person to whom a notice under subsection (1) is given may, before the end of the period of 4 weeks beginning with the date on which the notice was received by the person, make a claim to the Scottish Ministers that— a the person is unable to comply with the notice, or b it is not reasonable in all the circumstances to require the person to comply with the notice. 4 The Scottish Ministers must, as soon as reasonably practicable after receiving a claim made under subsection (3), provide the claim, and any information accompanying it, to Redress Scotland. 5 Where a claim is made under subsection (3), Redress Scotland may confirm, revoke or vary the notice to which the claim relates. 6 A person who is required by a notice to provide documents must do so in a redacted form if— a the documents contain information about another person which is irrelevant to the determination of the application to which the notice relates, and b the disclosure of that information would breach an obligation of confidence. 7 A notice does not have effect to the extent that— a complying with the notice would involve the disclosure of information which would contravene the data protection legislation, or b the person to whom the notice applies would be entitled to refuse to comply with the notice in or for the purposes of proceedings in a court in Scotland. 8 In this section, “ the data protection legislation ” has the meaning given by section 3(9) of the Data Protection Act 2018. Power to obtain information about previous payments 80 1 The Scottish Ministers may, for the purpose of calculating any relevant payments to be deducted from a redress payment in accordance with section 42, by notice in writing require a person, other than an applicant, to provide the Scottish Ministers, on or before a specified date, with details of a relevant payment. 2 A notice under subsection (1) may, in particular, require the provision of the following details— a the date on which the payment was made or, as the case may be, an entitlement to it arose, b the amount of the payment, c the matter to which the payment related. 3 A notice under subsection (1) must specify the name and date of birth of the applicant, or the person in respect of whom the application is made, to whom the relevant payment relates. 4 A notice does not have effect to the extent that— a complying with the notice would involve the disclosure of information which would contravene the data protection legislation, or b the person to whom the notice applies would be entitled to refuse to comply with the notice in or for the purposes of proceedings in a court in Scotland. 5 In this section, “ the data protection legislation ” has the meaning given by section 3(9) of the Data Protection Act 2018. Redress Scotland's power in relation to information and evidence 81 1 Redress Scotland may ask the Scottish Ministers to— a issue a notice under section 79, b issue a notice under section 80, c provide Redress Scotland with specified information, documents, objects, other items of evidence or evidence in the form of a written statement. 2 The Scottish Ministers must comply with a request under subsection (1)(a) or (b) before the end of the period of 4 weeks beginning with the date on which the request was received by them. 3 The Scottish Ministers must comply with a request under subsection (1)(c) before the end of such period as Redress Scotland specifies in relation to the request (which may not be less than 4 weeks beginning with the date on which the request was received by them). Applicant access to information and evidence 82 1 Redress Scotland and the Scottish Ministers must, on request, provide a person with access to any information or evidence held by it or them which has been obtained by or provided to it or them in connection with the person's application for a redress payment. 2 Where the person making the request is a nominated beneficiary who has taken over the application by virtue of section 71, the information or evidence to be provided under subsection (1) includes information or evidence which has been obtained or provided in connection with the application prior to it being taken over. 3 Nothing in this section authorises the disclosure of any information or evidence— a that would be likely to identify any person other than the person making the request or the person in respect of whom the application is made, b that would be in contravention of the data protection legislation. 4 In this section, “ the data protection legislation ” has the meaning given by section 3(9) of the Data Protection Act 2018. Power to commission reports 83 1 The Scottish Ministers may commission or arrange the commission of such reports as they consider to be reasonably necessary for the purposes of— a progressing an application for a fixed rate payment or an individually assessed payment, b the determination of such an application by a panel appointed under section 35, c the conducting of a review in relation to such an application by a panel appointed under section 55, or d the reconsideration of a determination in relation to such an application by a panel appointed under section 75. 2 But no report may be commissioned under subsection (1) without the applicant's consent. Offences of failure to provide, and of tampering with, information or evidence 84 1 A person who is required by a notice under section 79 or 80, or asked under section 81(1)(c), to provide information, documents, objects, other items of evidence, or evidence in the form of a written statement, commits an offence if the person fails, without reasonable excuse, to comply with the notice or, as the case may be, the request. 2 A person commits an offence if, without reasonable excuse, the person conceals, destroys, distorts or alters, or arranges for the concealment, destruction, distortion or alteration of, anything that the person knows to be required, or has reasonable grounds for believing might be required, to be provided— a to the Scottish Ministers by virtue of a notice under section 79 or 80, b to Redress Scotland by virtue of a request under section 81(1)(c). 3 A person who commits an offence under subsection (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding six months, a fine not exceeding level 3 on the standard scale, or both. Individual culpability where an organisation commits an offence under section 84 85 1 This section applies where— a an offence under section 84 is committed by a relevant organisation, and b the commission of the offence involves the connivance or consent of, or is attributable to the neglect of— i a responsible individual of the organisation, or ii an individual purporting to act in the capacity of a responsible individual. 2 The responsible individual (or, as the case may be, the individual purporting to act in that capacity), as well as the relevant organisation, commits the offence. 3 “ Relevant organisation ” means— a a company, b a partnership (including a limited liability partnership), c another body or association. 4 “ Responsible individual ” means— a in the case of a company— i a director, secretary, manager or similar officer, or ii where the affairs of the company are managed by its members, a member, b in the case of a limited liability partnership, a member, c in the case of a partnership other than a limited liability partnership, a partner, d in the case of another body or association, a person who is concerned in the management or control of its affairs. Crown application in relation to offences under section 84 86 1 Nothing in section 84 makes the Crown criminally liable. 2 The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1). 3 Subsection (1) does not affect the criminal liability of persons in the service of the Crown. Confidentiality of information 87 1 This subsection applies to— a Redress Scotland, b a person who is a member of Redress Scotland, c a person who is a member of staff of Redress Scotland, d the Scottish Ministers, e a person who is a member of staff of the Scottish Ministers, f a person who has been given relevant information for the purpose of storing or preserving it. 2 A person to whom subsection (1) applies (or applied at the time the relevant information was provided to that person) must not disclose relevant information. 3 Subsection (2) does not prevent disclosure of relevant information by the person to the extent that— a the disclosure is to another person to whom subsection (1) applies and is necessary for the purpose of enabling or assisting the carrying out by Redress Scotland or the Scottish Ministers of any of the functions conferred on it or on them under or by virtue of this Act, b the disclosure is made with the consent of the person from whom the relevant information was obtained, or c the disclosure is reasonably required by and done in accordance with a provision of, or made under, this Act. 4 A person to whom subsection (1) applies (or applied at the time the relevant information was provided to that person) must disclose relevant information to a constable to the extent that the disclosure is, in the opinion of that person acting in good faith— a reasonably necessary to allow the investigation of an offence involving the abuse of a child, and b in the public interest. 5 A court may order disclosure of relevant information in, or for the purposes of, civil or criminal proceedings (including for the purposes of an investigation of any offence or suspected offence). 6 In this section, “ relevant information ” means any information which— a has been provided to a person in connection with the carrying out of— i Redress Scotland's functions, or ii the Scottish Ministers' functions in relation to the redress scheme, and b is not otherwise in the public domain. Power to share information with third parties 88 1 The Scottish Ministers or Redress Scotland may, where the disclosure of relevant information is necessary for a purpose mentioned in subsection (2), disclose relevant information. 2 The purposes are— a the verification or authentication of information, documents, objects or other items of evidence provided in connection with an application, b the provision by the person to whom the disclosure is made of information, documents, objects, other items of evidence or evidence by written statement in relation to an application or the determination of an application, c the provision by the person to whom the disclosure is made of details of any relevant payment that has been made to an applicant, or to the person in respect of whom the application is made, or to which the applicant or that person is entitled, d the determination by the person to whom the disclosure is made as to whether civil proceedings commenced against the person have been commenced in contravention of section 46. 3 Where relevant information is disclosed under this section— a the person to whom the disclosure is made may only use the information or subsequently disclose it to any other person as is necessary for or in connection with a purpose mentioned in subsection (2) (including, in particular, contesting any civil proceedings commenced in contravention of section 46), and b any other person to whom the information is subsequently disclosed may only use it for the purpose for which it was disclosed to that person under paragraph (a). 4 In this section, “ relevant information ” means such information as the Scottish Ministers consider, or, as the case may be, Redress Scotland considers, reasonably necessary for a purpose mentioned in subsection (2), which may, in particular, include— a the name and date of birth of an applicant, b the name and date of birth of a person in respect of whom an application is made (where not the applicant), c the relevant care setting to which an application relates, d the approximate dates that an applicant or, as the case may be, a person in respect of whom the application is made was resident in the relevant care setting to which an application relates, e whether an applicant has signed a waiver under section 46 and, if so, the information contained in that waiver. 5 Nothing in this section authorises a disclosure of any information that would be in contravention of the data protection legislation. 6 In this section, “ the data protection legislation ” has the meaning given by section 3(9) of the Data Protection Act 2018. PART 5 Other support for survivors of abuse Provision of support Provision of support to persons in connection with an application 89 1 The Scottish Ministers may make arrangements (contractual or otherwise) for or in connection with the provision of support to persons who— a are, or may be, considering making an application for a redress payment, or b have decided to make, or have made, such an application. 2 In this section, “ support ” means such emotional, psychological or practical support as the Scottish Ministers consider necessary given the person's needs in connection with— a the decision whether to make an application, b the making of an application. Provision of support to certain persons eligible for a payment etc. 90 1 The Scottish Ministers may make arrangements (contractual or otherwise) for or in connection with the provision of support to persons who meet one or more of the following— a the conditions in subsection (2), b the conditions in subsection (3), or c the condition in subsection (4). 2 The conditions in this subsection are that— a the person has applied for a redress payment other than a next of kin payment, b the panel appointed under section 35 to determine the application or, as the case may be, the review panel appointed under section 55 to conduct a review has determined that the person is eligible for a redress payment, and c either of the following sub-paragraphs applies— i the person has accepted an offer of a redress payment by signing and returning a waiver under section 46, or ii the person is not receiving a payment only because of the deduction of a relevant payment in accordance with section 42(4). 3 The conditions in this subsection are that— a the person has applied for a redress payment other than a next of kin payment, b the panel appointed under section 35 to determine the application or, as the case may be, the review panel appointed under section 55 to conduct a review has determined under section 60 that the person is precluded from being offered a redress payment, and c that panel or, as the case may be, a review panel appointed to conduct a review under section 62 has determined that the person would otherwise have been eligible for a redress payment. 4 The condition in this subsection is that the person has previously received a payment under the advance payment scheme. 5 In this section, “ support ” means such emotional or psychological support in connection with the abuse to which the application relates as the Scottish Ministers consider necessary, given the person's needs, and for such period as they consider appropriate. Payment of costs and expenses Reimbursement of costs incurred in connection with applications 91 1 The Scottish Ministers must by regulations make provision— a requiring the reimbursement by them, on request, of the costs and expenses reasonably incurred by an applicant in connection with an application for a redress payment under section 29 (whether or not the application was successful, and whether or not it was subsequently withdrawn), b enabling the reimbursement by them, on request, of the costs and expenses reasonably incurred in connection with a proposed application by a person who did not subsequently apply, where Ministers' assessment (or the assessment on a review) is that the request discloses exceptional or unexpected circumstances which justify the reimbursement of those costs and expenses. 2 Regulations under subsection (1) must make provision requiring the Scottish Ministers to— a notify the person who made the request of Ministers' assessment of the amount (if any) to be reimbursed in response to the request, and b provide the person with a summary of the reasons for their assessment. 3 Regulations under subsection (1) may, in particular, make provision about— a the types of costs and expenses which may be reimbursed, b limits on the amount that may be reimbursed in respect of specified types of costs and expenses, c any process by which confirmation that anticipated costs and expenses are reasonable can be obtained before they are incurred, d the time limit for making a request, e the required content and form of a request, f the information and evidence to be provided in or with a request, g the factors to be considered by the Scottish Ministers in assessing the reasonableness of the costs and expenses for which reimbursement is requested, h reviews by Redress Scotland of assessments made by the Scottish Ministers by virtue of this section. Payment of fees for legal work Duty on the Scottish Ministers to pay fee for legal work in making an application 92 1 The Scottish Ministers must, on request, pay the prescribed sum to a solicitor in respect of the legal work reasonably undertaken in making an application for a redress payment on behalf of a person (whether or not the application was successful, and whether or not it was subsequently withdrawn). 2 Where the Scottish Ministers have cause to believe that the legal work to which a request relates may not have been reasonably undertaken in making an application for a redress payment, it is for Redress Scotland to decide the question. 3 For the purpose of subsection (1), where legal work is undertaken in connection with advice and assistance on whether to pursue litigation as an alternative to making an application for a redress payment, that work is not to be treated as having been undertaken in making an application for a redress payment unless advice and assistance was also given on any of the matters mentioned in subsection (4). 4 Those matters are— a a person's eligibility to make an application for a redress payment, b which type of redress payment to apply for, c the application process, d whether to accept an offer of a redress payment and sign a waiver under section 46, e whether to request a review of the offer under section 54, f the review process. Duty on the Scottish Ministers to pay certain fees for legal work in exceptional cases 93 1 The Scottish Ministers must, on request, pay the prescribed sum to a solicitor in respect of the legal work mentioned in subsection (2) where Redress Scotland's assessment is that there are exceptional or unexpected circumstances which justify the payment of the prescribed sum. 2 That legal work is the legal work Redress Scotland considers is reasonably undertaken in connection with a proposed application by a person who sought legal advice on the person's eligibility to apply for a redress payment, but did not subsequently apply. 3 The Scottish Ministers must, on request, pay to a solicitor such additional sum as is specified by Redress Scotland in respect of the legal work reasonably undertaken in making an application for a redress payment, or in connection with a proposed application, where Redress Scotland's assessment is that there are exceptional or unexpected circumstances which justify the payment of an additional sum. Sections 92 and 93: further provision 94 1 A request under section 92(1) or 93(1) or (3) is referred to in this Act as a “fee payment request”. 2 A fee payment request may be made only by a solicitor who has acted for a person in relation to an application for a redress payment, or a proposed application, submitting a request to the Scottish Ministers. 3 The Scottish Ministers may by regulations— a make further provision about fee payment requests, including about— i the time limit for making a request, ii any steps that must be taken prior to making a request (including any assessment of whether those steps have been taken and notification and review of the outcome of that assessment), iii the required content and form of a request, iv the information and evidence to be provided in or with a request, b make provision about legal work, undertaken in connection with particular types of advice and assistance, which is or is not to be regarded as reasonably undertaken for the purpose of assessing whether a sum is to be paid. 4 For the purpose of sections 92(1) and 93(1), “ prescribed ”, in relation to a sum, means prescribed by the Scottish Ministers in regulations under this subsection. 5 Regulations under subsection (3) may modify any enactment (including this Act). 6 Regulations under subsection (4) may prescribe sums or scales of sums and the conditions under which such sums will be payable. Assessment, notification and review of certain fee payment requests 95 1 The Scottish Ministers must, as soon as reasonably practicable after receiving it, send Redress Scotland— a any fee payment request made under section 92(1) which gives rise to a requirement for a decision of the type mentioned in section 92(2), b any fee payment request made under section 93(1), c any fee payment request made under section 93(3). 2 On receipt of a request under subsection (1), Redress Scotland must assess it and inform the Scottish Ministers of the outcome of that assessment. 3 Once the Scottish Ministers have been informed of the outcome of Redress Scotland's assessment under subsection (2), they must, as soon as reasonably practicable— a notify the solicitor who made the request of the outcome, and b provide the solicitor with a summary, provided by Redress Scotland, of Redress Scotland's reasons for its assessment. 4 A solicitor may ask Redress Scotland to review its assessment where— a in the case of a fee payment request mentioned in subsection (1)(a), the outcome is that no sum is to be paid, b in the case of a fee payment request mentioned in subsection (1)(b), the outcome is that no sum is to be paid, c in the case of a fee payment request mentioned in subsection (1)(c), the outcome is that— i no additional sum is to be paid, or ii the additional sum to be paid is lower than the sum requested. 5 The Scottish Ministers may by regulations make further provision about reviews by Redress Scotland of assessments of fee payment requests, including about— a the time limit for requesting a review, b the required content and form of a request for a review, c the outcome of a review and the powers available to a review panel, d the notification of the outcome of a review, e the suspension of the payment of a sum in respect of the work until a request for a review is determined, f the payment of a sum in respect of the work where the outcome of a review is that the sum is to be paid. Restriction on additional legal fees 96 1 This section applies where a solicitor receives a payment under section 92 or 93 in respect of the legal work reasonably undertaken— a in making an application for a redress payment on behalf of a person, or b in connection with a proposed application by a person who sought legal advice on the person's eligibility to apply for a redress payment, but did not subsequently apply. 2 Other than a payment made under or by virtue of this Act, the solicitor may not accept any payment (directly or indirectly) in respect of the legal work undertaken in making the application for a redress payment or, as the case may be, in connection with the proposed application for one. 3 But subsection (2) does not prevent payment being accepted for any legal work undertaken in connection with advice and assistance on whether to pursue litigation as an alternative to making an application for a redress payment to the extent that such advice and assistance goes beyond that which is necessary or appropriate as part of the legal work undertaken in making an application or, as the case may be, in connection with a proposed application. Liability for certain payments made in error Liability for payments, other than redress payments, made in error 97 1 This section applies where a payment mentioned in subsection (2) is made by the Scottish Ministers due to a relevant error. 2 The payment referred to in subsection (1) is a payment made— a in respect of a report commissioned under or by virtue of section 83(1), b by virtue of arrangements made under section 89 or 90 for or in connection with the provision of support, c by virtue of regulations under section 91 providing for the reimbursement of costs and expenses incurred in connection with the making of an application for a redress payment or a proposed application for such a payment, or d under section 92 or 93 in respect of fees for legal work undertaken in making an application for a redress payment or in connection with a proposed application for such a payment. 3 A person— a to whom the payment was made, or b who received payment in respect of the report, support or, as the case may be, the matter in relation to which costs or expenses were reimbursed, is liable to pay the Scottish Ministers the value of the payment to the extent that it is paid due to a relevant error. 4 A person's liability under subsection (3) is the difference in value between— a the payment made to or received by the person, and b the payment (if any) that would have been made or received had the relevant error not been made. 5 Where the Scottish Ministers seek to recover a sum due to them by a person under subsection (3), the sum may be paid— a in such instalments as are agreed at the request of, or otherwise with the consent of the person, or b otherwise, as a single payment. 6 But the Scottish Ministers may not seek to recover any sum— a where the payment is in respect of a report commissioned under or by virtue of section 83(1), from the applicant in relation to whom the report was obtained, b where the payment is in respect of support provided by virtue of arrangements made under section 89 or 90, from the person to whom the support was provided, c where the payment is in respect of reimbursement of costs or expenses by virtue of regulations under section 91, from the person who requested the reimbursement, d where the payment is in respect of fees for legal work paid under section 92 or 93, from the applicant or other person on whose behalf the work was undertaken. 7 In this section, references to a relevant error are to— a an error when making the payment, b an error which the Scottish Ministers consider led to the decision to make the payment being made— i incorrectly, or ii correctly but on the basis of incorrect or misleading information, in a way which materially affected the decision. 8 But an error in making a redress payment in relation to which a payment mentioned in subsection (1) was made is not a relevant error for the purpose of this section. Power to make further provision about payments, other than redress payments, made in error 98 1 The Scottish Ministers may by regulations make further provision about or in connection with the consideration by them as to whether decisions to make payments to which section 97 applies were materially affected by error. 2 Regulations under subsection (1) may, in particular, make provision about— a the procedure for such consideration, b review of decisions following such consideration, c requiring or enabling the payment by the Scottish Ministers of fees for legal work and other costs and expenses reasonably incurred by a person in connection with such consideration or review, d the recovery of such fees for legal work and other costs and expenses where payment of those fees, costs and expenses was due to an error. 3 Regulations under subsection (1) may modify any enactment (including this Act). PART 6 Reporting on wider redress actions Annual report on wider redress actions 99 1 Before the end of the period of 2 months beginning with the last day of each reporting period, a relevant person must prepare and send to the Scottish Ministers a report on the actions which the person has taken during the reporting period to redress the historical abuse of children (a “redress report”). 2 A redress report must, in particular, include— a information about any support which the relevant person has provided for individuals who were abused as children, for example— i funding for emotional, psychological or practical support, ii advice and assistance on accessing historical records, iii advice and assistance on tracing and reuniting families, iv activity relating to the provision of an apology to such individuals, b such information as the relevant person considers appropriate about any other support which the relevant person has provided for individuals who were abused as children, c where no support as described in paragraphs (a) and (b) has been provided by the relevant person, the reasons why. 3 But a redress report must not, unless and to the extent that subsection (4) applies, include— a the name of any individual, or b any other information which could reasonably be used to identify any individual. 4 This subsection applies where— a the relevant person consults an individual, and b that individual gives the relevant person notification of the individual's consent to be identified in the report. 5 The Scottish Ministers must— a collate the information from the redress reports sent to them under subsection (1) into a combined report for the year to which the reports relate, and b publish the combined report. 6 Where a person prepares a redress report and sends it to the Scottish Ministers despite not having a duty under subsection (1) to do so, the Scottish Ministers may collate the information from that report into the combined report to be published under subsection (5). 7 In this section— “ relevant person ” means, in relation to a reporting period, a person included in the contributor list during the first 9 months of the reporting period, “ reporting period ” means— in the case of the first redress report, the period of 12 months beginning with the day this section comes into force, each successive period of 12 months until a date specified in regulations made by the Scottish Ministers. Power of the Scottish Ministers to require production of report 100 1 This section applies where— a the Scottish Ministers consider that a person has a duty under section 99(1) to prepare a redress report and send it to Ministers, and has failed to comply with that duty, or b an application for a redress payment which results in an offer of a redress payment involves a person (other than an individual) who is not included in the contributor list on the date the panel appointed under section 35 or, as the case may be, a review panel appointed under section 55 determines that the applicant is eligible for the redress payment. 2 The Scottish Ministers may give a direction (a “reporting direction”) requiring the person to prepare a redress report and send it to Ministers before the end of— a the period of 3 months beginning with the date on which the direction was given, or b such longer period as Ministers specify in the direction. 3 A person to whom a reporting direction is given must comply with it. 4 If the Scottish Ministers consider that a person to whom a reporting direction is given has failed to comply with it, they may publish the fact that the person has failed to do so. 5 The Scottish Ministers may revise or revoke a reporting direction. Power to make provision about additional redress reporting 101 The Scottish Ministers may by regulations make provision requiring a person who is a relevant person for the purpose of section 99 to include an additional statement in— a the person's annual report, or b an equivalent document, on the support as described in paragraphs (a) and (b) of section 99(2) which the person has provided during a period specified in the regulations or, where no such support has been provided, that fact and the reasons why. PART 7 General and miscellaneous The Survivor Forum 102 1 The Scottish Ministers must establish and maintain a forum, known as the Survivor Forum, consisting of— a survivors of historical child abuse in care in Scotland, b such other persons as Ministers consider appropriate. 2 The purpose of the Forum is to provide feedback to the Scottish Ministers and Redress Scotland on the exercise of the functions conferred on them or on it under or by virtue of this Act. 3 But the Forum may not provide feedback on the determinations made in relation to redress payments in individual cases. 4 The Scottish Ministers may pay Forum members such allowances and expenses as they consider appropriate. 5 The Scottish Ministers may by regulations— a make further provision about or in connection with the Forum, b make provision for the dissolution of the Forum in connection with or following the dissolution of Redress Scotland under section 104. 6 Regulations under subsection (5) may modify any enactment (including this Act). Dissolution of the National Confidential Forum 103 1 The committee known as the National Confidential Forum (“NCF”) provided for under section 4ZA(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 is dissolved. 2 Schedule 2 makes further provision in consequence of subsection (1). Dissolution of Redress Scotland 104 1 The Scottish Ministers may by regulations make provision for the dissolution of Redress Scotland. 2 Regulations under subsection (1) may be made only if— a the application period has ended, b the Scottish Ministers are satisfied that there are no ongoing— i applications for redress payments, ii fee payment requests under section 92 or 93, and c Redress Scotland no longer has, or no longer will have as a result of the regulations, any of the functions mentioned in section 7. 3 Regulations under subsection (1) may make provision— a modifying or bringing to an end any function of Redress Scotland, b transferring any function of Redress Scotland to— i the Scottish Ministers, or ii any other body. 4 Before making regulations under subsection (1), the Scottish Ministers must consult— a Redress Scotland, b such other persons as they consider appropriate. 5 Regulations under subsection (1) may modify any enactment (including this Act). Interpretation 105 1 In this Act— “ abuse ” has the meaning given by section 19, “ advance payment scheme ” has the meaning given by section 42(7), “ application period ” is to be construed in accordance with section 31, “ child ” is to be construed in accordance with section 18(3) and (4), “ child of the deceased person ” has the meaning given by section 28(4), “ contributor list ” has the meaning given by section 14(2)(a), “ fee payment request ” is to be construed in accordance with section 94(1), “ fixed rate payment ” is to be construed in accordance with section 38, “ individually assessed payment ” is to be construed in accordance with section 39, “ NCF ” is to be construed in accordance with section 103(1), “ next of kin payment ” is to be construed in accordance with section 40, “ nominated beneficiary ” has the meaning given by section 65(1), “ notify ” means doing so by giving notice in writing, “ reconsideration panel ” has the meaning given by section 75(2), “ redress payment ” means a payment made under Part 4 of this Act, “ redress report ” has the meaning given by section 99(1), “ redress scheme ” has the meaning given by section 2, “ Redress Scotland ” means the body established under section 3(1), “ relevant care setting ” is to be construed in accordance with section 20, “ relevant payment ” is to be construed in accordance with section 42(2), “ resident ” has the meaning given by section 22, “ review panel ” has the meaning given by section 55(1), “ scheme contributor ” has the meaning given by section 14(2)(b), “ specified next of kin ” is to be construed in accordance with section 28, “ summary of options ” is to be construed in accordance with section 9(3), “ voluntary organisation ” means a body (other than a public authority) the activities of which are carried on otherwise than for profit. 2 In this Act, in construing references to a person having previously received or, as the case may be, been paid a redress payment— a the deduction from that payment of a relevant payment in accordance with section 42 is to be ignored, b a person who has accepted a redress payment which is still to be paid (in instalments or otherwise) is to be treated as having received it or been paid it, as the case may be. Guidance 106 1 The Scottish Ministers may issue guidance about the operation of this Act. 2 A person to whom guidance issued under subsection (1) applies must have regard to it. 3 Guidance issued under subsection (1) may, in particular, include provision about— a the exercise of a function of Redress Scotland under or by virtue of this Act, b eligibility to apply for redress payments, and the meaning of any expression used in Part 3, c the sources and types of information or evidence that an application for a redress payment under section 29 may or must contain or be accompanied by, and the circumstances where it might be appropriate for Redress Scotland to seek information or evidence in determining an application, d the determination of applications under section 36, including the standard of proof to be applied and the operation of the presumption mentioned in subsection (3) of that section, e the length of time that should be taken to consider an application before providing a determination and, where relevant, an offer of a redress payment, f the assessment of applications for individually assessed payments for the purpose of section 39, g the assessment under section 60 of whether or not applicants or other persons with convictions for serious offences are precluded from being offered a redress payment, h the meaning of “exceptional circumstances” for the purpose of section 66(4), i the meaning of “ exceptional or unexpected circumstances ” for the purposes of sections 91(1)(b) and 93(1) and (3), j the duty in relation to reporting on wider redress actions imposed on relevant persons under section 99. 4 In issuing guidance under subsection (1), the Scottish Ministers must have regard to any recommendations included, by virtue of paragraph 17(2) of schedule 1, in an annual report prepared by Redress Scotland. 5 As soon as reasonably practicable after issuing guidance under subsection (1), the Scottish Ministers must lay a copy of the guidance before the Scottish Parliament. 6 The Scottish Ministers must make guidance issued under subsection (1) publicly available. 7 The power to issue guidance under subsection (1) includes the power to— a issue guidance which varies guidance issued under that subsection, b revoke guidance issued under that subsection. 8 For the purpose of this section, guidance about the operation of this Act issued before the day this section comes into force is to be regarded as guidance issued under subsection (1). Regulation-making powers 107 1 Any power of the Scottish Ministers to make regulations under this Act includes the power to make— a different provision for different purposes, b incidental, supplementary, consequential, transitional, transitory or saving provision. 2 Regulations under the following provisions are subject to the affirmative procedure— a section 20(4), b section 23(1), c section 31(2), d section 42(6), e section 47, f section 61(2), g section 78(1), h section 98(1), i section 102(5)(b), j section 104(1). 3 Regulations under the following provisions are subject to the negative procedure— a section 41, b section 44(2)(e), c section 91(1), d section 94(4), e section 95(5), f section 99(7), g section 101, h paragraph 2(5) of schedule 1. 4 Regulations under sections 94(3), 102(5)(a) and 108— a which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, b otherwise, are subject to the negative procedure. 5 This section does not apply to section 109. Ancillary provision 108 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under this section may modify any enactment (including this Act). Commencement 109 1 This section and sections 105, 107, 108 and 110 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may— a include transitional, transitory or saving provision, b make different provision for different purposes. 4 Regulations under this section bringing section 31 into force may amend subsection (1)(a) of that section so that, instead of referring to the day that section comes into force, it specifies the date that section actually came into force. Short title 110 The short title of this Act is the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021. SCHEDULE 1 Redress Scotland (introduced by section 5) Membership 1 1 Redress Scotland is to consist of— a a member appointed by the Scottish Ministers to chair Redress Scotland, and b at least 5 other members appointed by the Scottish Ministers. 2 The Scottish Ministers must appoint as members only persons having such skills, knowledge and expertise as the Scottish Ministers consider relevant to the carrying out of the functions of Redress Scotland. 3 The Scottish Ministers may appoint a member to— a deputise for the person appointed under sub-paragraph (1)(a), b act during any period when— i there is no person appointed under that sub-paragraph, or ii that person is unable to act. Terms and conditions of appointment 2 1 A member is appointed for such period (being not less than 3 years and not more than 5 years) as the Scottish Ministers determine. 2 The Scottish Ministers may reappoint as a member of Redress Scotland a person who is, or has been, a member. 3 References in this Act to a member's appointment include that member's reappointment. 4 Subject to paragraph 5, an appointed member holds and vacates office on such terms and conditions as the Scottish Ministers determine. 5 The Scottish Ministers may by regulations amend sub-paragraph (1) by substituting a different number for any number for the time being mentioned there. Equal opportunities 3 1 When appointing members of Redress Scotland, the Scottish Ministers must do so in a manner which encourages equal opportunities and, in particular, the observance of the equal opportunity requirements. 2 “Equal opportunities” and “equal opportunity requirements” have the meanings given in Section L2 of Part 2 of schedule 5 of the Scotland Act 1998. Persons who may not be appointed 4 A person may not be appointed as a member of Redress Scotland if— a the person is— i a member of the Scottish Parliament, ii a member of the House of Commons, iii a member of the House of Lords, iv a councillor of a local authority, v an office-holder in the Scottish Administration, b the person is disqualified— i as a company director under the Company Directors Disqualification Act 1986, ii as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005, iii under any disqualification provision analogous to either of those mentioned in paragraphs (i) and (ii) anywhere in the world. Early termination of membership 5 1 A member of Redress Scotland, including the chairing member, may resign by giving notice in writing to the Scottish Ministers. 2 A person's appointment as a member of Redress Scotland ceases if, during the person's period of appointment, either paragraph (a) or paragraph (b) of paragraph 4 applies to the person. 3 The Scottish Ministers may, by giving notice in writing, remove a member of Redress Scotland if the member— a becomes insolvent, b has been absent from 3 consecutive meetings of Redress Scotland without— i the permission of the Scottish Ministers, or ii reasonable excuse, c is, in the opinion of the Scottish Ministers— i unable or unfit to perform any of the functions of a member, ii unsuitable to continue as a member. 4 For the purpose of sub-paragraph (3)(a), a person becomes insolvent if— a the person's estate is sequestrated, b the person grants a trust deed for creditors or makes a composition or arrangement with creditors, c the person is adjudged bankrupt, d a voluntary arrangement proposed by the person is approved, e the person's application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002, f the person becomes subject to any other order or arrangement analogous to any of those mentioned in paragraphs (a) to (e) anywhere in the world. 5 The Scottish Ministers may suspend a member of Redress Scotland if they consider that there is a need to investigate whether there are grounds for a member to be removed under sub-paragraph (3). 6 The suspension of a member under sub-paragraph (5) continues until the Scottish Ministers— a remove the member under sub-paragraph (3), or b notify the member and Redress Scotland that their decision is not to remove the member under sub-paragraph (3). Members' remuneration and allowances 6 Redress Scotland must pay each member such remuneration and allowances (including expenses) as the Scottish Ministers determine. Chief executive and other staff 7 1 Redress Scotland is to appoint, as a member of staff, a chief executive. 2 Redress Scotland is to appoint each chief executive with the approval of the Scottish Ministers. 3 The chief executive may not be a member of Redress Scotland. 4 Redress Scotland may appoint other staff. 5 The chief executive and other staff are appointed on such terms and conditions as the Scottish Ministers determine. Staff pensions 8 1 Redress Scotland may pay or make arrangements for the payment of pensions and allowances to, or in respect of, any person who is or has been a member of staff of Redress Scotland. 2 Those arrangements may include— a making payments towards the provision of those pensions and allowances, b providing and maintaining schemes for the payment of those pensions and allowances. Committees 9 1 Redress Scotland may establish committees for any purpose relating to its functions. 2 Redress Scotland may appoint a person who is not a member of Redress Scotland to be a member of a committee. 3 Redress Scotland may pay to a person who is not a member of Redress Scotland and who is appointed to a committee such remuneration and allowances (including expenses) as the Scottish Ministers determine. 4 A committee must comply with any directions given to it by Redress Scotland. Authority to perform functions 10 1 Redress Scotland may authorise— a any of its members, b any committee established by it, c any member of its staff, to perform such of its functions (and to such extent) as it may determine. 2 But Redress Scotland may not authorise any person to perform any of the following functions— a approving its corporate plan, b approving any annual budget or financial plan, c approving annual reports or accounts, d its functions under section 7. 3 The giving of authority under sub-paragraph (1) to perform a function does not— a affect Redress Scotland's responsibility for the performance of the function, b prevent Redress Scotland from performing the function itself. Regulation of procedure 11 The rules of procedure of Redress Scotland and that of any of its committees, including the quorum at any meeting, are to be— a prepared by Redress Scotland, and b approved by the Scottish Ministers. Validity of things done 12 The validity of anything done by Redress Scotland or any of its committees is not affected by— a a vacancy in membership, b a defect in the appointment of a member, c a person's membership having ended under paragraph 5. General powers 13 1 Redress Scotland may do anything which it considers to be— a necessary or expedient for the purposes of, or in connection with, the performance of its functions, or b otherwise conducive to the performance of its functions. 2 But Redress Scotland may not— a borrow money from a person other than the Scottish Ministers, b hold or maintain land or other property, except with the consent of the Scottish Ministers. Funding and financial assistance 14 1 The Scottish Ministers may provide such financial assistance to Redress Scotland as they consider appropriate. 2 For the purposes of sub-paragraph (1), “ financial assistance ” includes grants, loans, guarantees and indemnities. 3 The Scottish Ministers may attach conditions (including conditions as to repayment or the repayment of interest) in respect of any financial assistance provided. 4 The Scottish Ministers may, from time to time after the financial assistance is provided, vary the conditions referred to in sub-paragraph (3). Corporate plan 15 1 Redress Scotland must submit a corporate plan to the Scottish Ministers. 2 Sub-paragraph (1) must be complied with as soon as reasonably practicable after the day this paragraph comes into force. 3 The corporate plan must set out— a the main objectives of Redress Scotland, b the outcomes by reference to which the achievement of those objectives will be assessed, c a general description of the main activities which Redress Scotland plans to undertake. 4 The corporate plan may include such other material as Redress Scotland considers appropriate. 5 The Scottish Ministers must— a approve the corporate plan, b approve the corporate plan with any modifications they consider appropriate, or c decline to approve the corporate plan. 6 Where the Scottish Ministers intend to approve the corporate plan with modifications, they must consult Redress Scotland before doing so. 7 If sub-paragraph (5)(b) or (c) applies, Redress Scotland must, as soon as reasonably practicable, modify the corporate plan and submit the modified plan to the Scottish Ministers. 8 Sub-paragraphs (5) to (7) apply to the corporate plan as modified. 9 As soon as reasonably practicable after it is approved by the Scottish Ministers— a Redress Scotland must publish the corporate plan, and b the Scottish Ministers must lay a copy of the corporate plan before the Scottish Parliament. 10 Redress Scotland— a may revise the corporate plan at any time, and b must revise the corporate plan when required to do so by the Scottish Ministers. 11 Sub-paragraph (1) and sub-paragraphs (3) to (10) apply to a revised corporate plan as they apply to the first corporate plan. Accounts and audit 16 1 Redress Scotland must— a keep proper accounts and accounting records, b prepare in respect of each financial year a statement of accounts, and c send a copy of the statement to the Scottish Ministers. 2 Redress Scotland must comply with any directions from the Scottish Ministers in relation to the matters mentioned in sub-paragraph (1). 3 The Scottish Ministers must, as soon as reasonably practicable after receiving a copy statement of accounts from Redress Scotland, send it to the Auditor General for Scotland for auditing. Annual report 17 1 Redress Scotland must, as soon as practicable after the end of each financial year, prepare a report on its activities during that year, including— a the audited statement of accounts for the year, b a general description of its main activities during the year, c an assessment of the achievement of its objectives during the year by reference to the outcomes set out in the corporate plan for the period which includes that year, d an assessment of whether applicants for redress payments appear to have had the opportunity to make informed choices, e an assessment of the accessibility and suitability of guidance available to applicants on the sources and types of information or evidence that applications for redress payments may or must contain or be accompanied by, with reference to the information and evidence considered by it in determining applications, f any other information which the Scottish Ministers require. 2 The report may include recommendations, including in relation to the assessments which Redress Scotland has carried out by virtue of sub-paragraph (1)(c), (d) and (e). 3 Redress Scotland must— a send a copy of the report to the Scottish Ministers, b publish the report. 4 The Scottish Ministers must lay a copy of the report before the Scottish Parliament. Application of public bodies legislation 18 In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies), at the appropriate place in alphabetical order insert— “ Redress Scotland ” . 19 In the Scottish Public Services Ombudsman Act 2002, in schedule 2 (listed authorities), after paragraph 32AA insert— 32AB Redress Scotland. . 20 In the Freedom of Information (Scotland) Act 2002, in Part 7 of schedule 1 (others), after paragraph 75B insert— 75BA Redress Scotland. . 21 In the Public Services Reform (Scotland) Act 2010— a in schedule 5 (improvement of public functions: listed bodies), under the heading “Scottish public authorities with mixed functions or no reserved functions”, at the appropriate place in alphabetical order insert— “ Redress Scotland ” , b in schedule 8 (listed public bodies), at the appropriate place in alphabetical order insert— “ Redress Scotland ” . 22 In the Public Records (Scotland) Act 2011, in the schedule, under the heading “Others”, at the appropriate place in alphabetical order insert— “ Redress Scotland ” . 23 In the Procurement Reform (Scotland) Act 2014, in Part 3 of the schedule (others), after paragraph 42 insert— 42A Redress Scotland . 24 In the Gender Representation on Public Boards (Scotland) Act 2018, in schedule 1 (public authorities), at the appropriate place in alphabetical order insert— Redress Scotland . SCHEDULE 2 The National Confidential Forum (introduced by section 103) PART 1 Continuing matters Confidentiality and disclosure of information 1 1 This sub-paragraph applies to— a the Mental Welfare Commission for Scotland (“ the Commission ”), b a person who is or has been a member of the Commission, c a person who is or has been an employee of the Commission, d a person who has been a member of the NCF, e a person who is given relevant information for the purpose of storing or preserving it. 2 A person to whom sub-paragraph (1) applies must not disclose relevant information. 3 Sub-paragraph (2) does not prevent disclosure of relevant information by the person to the extent that— a the disclosure is to another person to whom sub-paragraph (1) applies and is necessary for the purpose of enabling or assisting the carrying out by the Commission of any of its functions, b the disclosure is necessary for the purpose of enabling the Commission to prepare its annual report, or c the disclosure is in accordance with sub-paragraph (4). 4 A court may order disclosure of relevant information in, or for the purposes of, civil or criminal proceedings (including for the purposes of the investigation of any offence or suspected offence) if it is satisfied that— a the disclosure is necessary in the interests of justice, and b the extent of the disclosure is necessary in the interests of justice. 5 In this paragraph, “ relevant information ” means any information which— a has been provided to a person in connection with the carrying out by the Commission of any of its functions which relate to the functions that, prior to its dissolution, were the NCF's functions, and b is not otherwise in the public domain. Public records 2 Section 1 of the Public Records (Scotland) Act 2011 (records management plans) is to be read as if after subsection (8) there were inserted— 8A The Mental Welfare Commission for Scotland must continue to have a separate records management plan for the public records created in carrying out the National Confidential Forum's functions prior to its dissolution under section 103 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021. . PART 2 Consequential modifications Public Appointments and Public Bodies etc. (Scotland) Act 2003 3 1 The Public Appointments and Public Bodies etc. (Scotland) Act 2003 is amended as follows. 2 In schedule 2, under the heading “Offices”, the words “NCF Head and any other member of the National Confidential Forum established under section 4ZA(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003” are repealed. Mental Health (Care and Treatment) (Scotland) Act 2003 4 1 The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows. 2 Sections 4ZA to 4ZD are repealed. 3 In schedule 1— a in paragraph 2A(1)(b), for “7 nor more than 9” substitute “ 6 nor more than 8 ” , b in paragraph 2B(2)— i after paragraph (a), insert “ and ” , ii paragraph (c) is repealed, together with the word “and” immediately preceding it. 4 Schedule 1A is repealed. Victims and Witnesses (Scotland) Act 2014 5 1 The Victims and Witnesses (Scotland) Act 2014 is amended as follows. 2 Sections 30 and 31 are repealed, together with the italic heading immediately preceding section 30. National Confidential Forum (Prescribed Care and Health Services) (Scotland) Order 2014 6 The National Confidential Forum (Prescribed Care and Health Services) (Scotland) Order 2014 (S.S.I. 2014/193) is revoked. Gender Representation on Public Boards (Scotland) Act 2018 7 1 The Gender Representation on Public Boards (Scotland) Act 2018 is amended as follows. 2 In schedule 1, the entry relating to the National Confidential Forum is repealed. S. 94(3)-(6) in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 18 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 19 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 20 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 21 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 22 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 2 para. 2 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 23 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 24 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 2 para. 7 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 2 para. 3 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 2 para. 4 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 2 para. 5 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 2 para. 6 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 1 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 2 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 3 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 4 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 5 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 6 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 8 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 10 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 11 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 12 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 13 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 14 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 15 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 16 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 17 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 23 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 47 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 78 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 87 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 89 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 90 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 91 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 95(5) in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 98 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 102 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 103 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 106 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 1 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 2 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 3 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 4 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 5 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 6 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 7 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 8 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 9 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 10 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 11 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 12 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 13 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 14 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 15 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 16 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 1 para. 17 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. Sch. 2 para. 1 in force at 28.6.2021 by S.S.I. 2021/234 , reg. 2 , sch. S. 95(1)-(4) in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 7 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 9 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 18 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 19 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 20 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 21 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 22 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 24 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 25 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 26 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 27 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 28 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 29 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 30 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 31 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 32 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 33 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 34 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 35 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 36 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 37 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 38 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 39 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 40 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 41 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 42 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 43 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 44 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 45 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 46 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 48 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 49 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 50 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 51 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 52 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 53 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 54 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 55 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 56 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 57 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 58 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 59 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 60 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 61 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 62 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 63 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 64 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 65 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 66 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 67 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 68 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 69 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 70 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 71 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 72 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 73 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 74 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 75 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 76 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 77 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 79 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 80 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 81 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 82 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 83 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 84 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 85 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 86 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 88 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 92 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 93 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 94(1) (2) in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 96 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 97 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 99 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 100 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 101 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 S. 104 in force at 7.12.2021 by S.S.I. 2021/419 , reg. 2 Ss. 75A-75E inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 25 Ss. 77A , 77B inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 27 S. 46(4)(a) (b) substituted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 23(2) Words in s. 46(6) inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 23(3)(a) Words in s. 46(6) substituted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 23(3)(b) S. 75(5A) (5B) inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 24(2) S. 75(7)(b) substituted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 24(3) S. 75(8) substituted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 24(4) Words in s. 75(9) substituted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 24(5)(a) Words in s. 75(9) inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 24(5)(b) Words in s. 77(2)(a) inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 26(2) S. 77(4A)-(4C) inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 26(3) S. 77(5)(b) substituted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44) , regs. 1(1) , 26(4)
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[uk-legislation-asp][asp] 2024-05-05 Solicitors in the Supreme Courts of Scotland (Amendment) Act 2021
http://www.legislation.gov.uk/asp/2021/2/2021-02-20
http://www.legislation.gov.uk/asp/2021/2/2021-02-20 Solicitors in the Supreme Courts of Scotland (Amendment) Act 2021 An Act of the Scottish Parliament to amend the Solicitors in the Supreme Courts of Scotland Act 1871 in order to abolish the offices of librarian and fiscal; to rename the Widows' Fund as the Dependents' Fund and to make further provision as regards persons entitled to the benefit of that fund; to make new provision for members of the Society to resign; and to give the Society new powers including to close the Dependents' Fund completely or close it to new members, to create new categories of membership, or to wind up the Society; and for connected purposes. text text/xml en Statute Law Database 2021-02-01 2021-02-20 Solicitors in the Supreme Courts of Scotland (Amendment) Act 2021 2021 asp 2 An Act of the Scottish Parliament to amend the Solicitors in the Supreme Courts of Scotland Act 1871 in order to abolish the offices of librarian and fiscal; to rename the Widows' Fund as the Dependents' Fund and to make further provision as regards persons entitled to the benefit of that fund; to make new provision for members of the Society to resign; and to give the Society new powers including to close the Dependents' Fund completely or close it to new members, to create new categories of membership, or to wind up the Society; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 3rd December 2020 and received Royal Assent on 20th January 2021 Amendment of the 1871 Act 1 1 The Solicitors in the Supreme Courts of Scotland Act 1871 (in this Act referred to as “ the 1871 Act ”) is amended as follows. 2 In section 2 (interpretation of terms), the existing provisions become subsection (1) of the section and after that subsection insert— 2 With all necessary modifications, this Act applies in respect of— a a widower or surviving civil partner as it applies in respect of a widow; and b a civil partnership as it applies in respect of a marriage. . 3 In section 8(1) (office-bearers), the words “, librarian, fiscal” are repealed. 4 In section 11 (quorum and chairman at meetings), the existing provisions become subsection (1) of the section and after that subsection insert— 2 Subsection (1) of this section is without prejudice to any such provision as to a voting threshold as is referred to in section 52B(5) of this Act. . 5 In section 29 (termination of membership)— a in subsection (1)(a), the words “on a report by the fiscal of the Society, or” are repealed, b in subsection (1)(b), for the words “widows' fund”, in both places in which they occur, substitute “Dependents' Fund”, c after subsection (1), insert— 1A A member may resign at any time from the Society for personal reasons unconnected with disciplinary matters or retirement. . 6 In section 31, for the words “Widows' Fund” substitute “Dependents' Fund”. 7 The title of section 31 becomes “ Property of Dependents' Fund etc. ” . 8 The title of section 34 becomes “ Sum to be paid to Dependents' Fund from admission dues ” . 9 In section 41 (annuities to widows), for subsection (5) substitute— 6 In the event of a claim for an annuity based on a period of cohabitation with a contributor, the Council may decide the claim on the whole facts and circumstances of the relationship between the deceased member and the claimant. . 10 In section 42 (annuities to minor children if no widow of contributor), the word “lawful” is repealed. 11 In section 44(1), for the words “widows' fund” substitute “Dependents' Fund”. 12 The title of section 44 becomes “ Investigations of affairs of Dependents' Fund ” . 13 In section 45(2) (dates of actuarial investigation and reports), for the words “widows' fund” substitute “Dependents' Fund”. 14 In section 47(1) (power to alter annuities), for the words “widows' fund” substitute “Dependents' Fund”. 15 In section 51 (investment of funds), for the words “widows' fund” substitute “Dependents' Fund”. 16 After section 51, insert— Dependents Fund: additional powers 51A 1 The Society may, by resolution, close the Dependents' Fund completely. 2 The Society may, by resolution, close that fund to persons becoming members of the Society after a date specified in the resolution. 3 If the fund is closed under subsection (1) of this section, any person who is an annuitant at, or who but for that closure would have become an annuitant after, the date of closure, shall be offered such lump sum or other payment as seems reasonable to the Council as settlement for loss of the future benefits of being an annuitant. 4 After all such payments as are mentioned in subsection (3) of this section have been made, any residual money shall be transferred from the fund to the Society, to be accounted for as part of the Society's assets. 5 Any proceedings under subsection (1) or (2) of this section may be commenced only after— a an actuarial investigation has taken place on the instruction of the Council and the results of that investigation have been circulated to all members of the Society; b in the case of— i proceedings under subsection (1) of this section, the Council has recommended that the fund be closed completely; or ii proceedings under subsection (2) of this section, the Council has recommended that the fund be closed to new members of the Society; and c all members of the Society have been notified in writing, or by electronic means, of a special general meeting convened to consider the recommendation. 6 Any proceedings under subsection (1) of this section may be commenced only after all annuitants and prospective annuitants have been notified of the recommendation that the fund be closed completely. 7 Without prejudice to the generality of subsections (1) and (2) of this section, the fund may be— a closed to new members on one date and closed completely on a later date; or b closed completely without first having been closed to new members. 8 Any decision to close the fund completely or to close it to new members is without prejudice to the rights of annuitants under section 41 of this Act. 9 Powers that may be exercised under this section may be exercised notwithstanding any other provision of this Act. . 17 After section 52, insert— Power to create new forms of membership 52A 1 The Society may provide for new forms of membership distinct from full membership. 2 Without prejudice to the generality of subsection (1) of this section, those forms may include— a corporate membership; b trainee membership; c associate membership. 3 A form of membership created under subsection (1) of this section does not include an entitlement— a to participate in the Dependents' Fund; b to use— i the designation “Solicitor in the Supreme Courts of Scotland”; or ii the post-nominal letters “SSC”; or c to participate in a decision mentioned in section 51A of this Act or in any other matter decided at a stated general meeting, or special general meeting, of the Society. Power to wind up the Society 52B 1 The Society— a may, by resolution, decide to wind up the Society; and b may make arrangements to achieve such winding up. 2 A decision under subsection (1)(a) of this section may be taken only at a special general meeting— a convened to allow members to discuss a proposal by the Council to wind up the Society; and b of which the members have been given at least 30 days' notice in writing. 3 The special general meeting referred to in subsection (2) of this section is not to be convened without first consulting the members of the Society as to how the Society's property is (after satisfaction of the Society's liabilities) to be distributed in the event of the Society being wound up. 4 The procedure by which a decision to wind up the Society is to be taken and such consultation as is referred to in subsection (3) of this section is to be carried out must be determined by the Society— a at a general meeting other than the special general meeting referred to in subsection (2) of this section; or b by means of bye-laws under section 52 of this Act. 5 Without prejudice to the generality of subsection (4) of this section, a determination under that subsection must include a provision as to the voting threshold required for a decision to wind up the Society and as to the quorum at the general meeting at which that decision is taken. 6 Where a decision has been made under subsection (1) of this section and such arrangements as are mentioned in that subsection— a have been made, the Council must implement that decision in accordance with those arrangements; b have not been made, the Council must implement that decision in such manner as it considers expedient. . Expenses of this Act 2 All the costs, charges, fees and expenses of and incidental to the applying for, obtaining and passing of this Act, or related to it, shall be paid out of— a the Dependents' Fund, b the Society's other funds, or c both the Dependents' Fund and the Society's other funds in such proportions as the Council may determine. Repeals 3 Sections 17 (security to be found by treasurer and collector), 33 (present contributors may join fund for children) and 53 (saving any future Act relating to privileges) of the 1871 Act are repealed. Commencement 4 This Act comes into force at the end of the period of one month beginning with the day of Royal Assent. Short title 5 The short title of this Act is the Solicitors in the Supreme Courts of Scotland (Amendment) Act 2021.
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[uk-legislation-asp][asp] 2024-05-05 Period Products (Free Provision) (Scotland) Act 2021
http://www.legislation.gov.uk/asp/2021/1/2022-08-15
http://www.legislation.gov.uk/asp/2021/1/2022-08-15 Period Products (Free Provision) (Scotland) Act 2021 An Act of the Scottish Parliament to secure the provision throughout Scotland of free period products. text text/xml en Statute Law Database 2022-12-11 Expert Participation 2022-08-15 Period Products (Free Provision) (Scotland) Act 2021 2021 asp 1 An Act of the Scottish Parliament to secure the provision throughout Scotland of free period products. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th November 2020 and received Royal Assent on 12th January 2021 Duties to ensure period products obtainable free of charge Local authorities to ensure period products generally obtainable free of charge 1 1 Each local authority must ensure that, within its area, period products are obtainable free of charge (in accordance with arrangements established and maintained by the local authority) by all persons who need to use them. 2 The period products obtainable free of charge by a person under such arrangements (whether obtained under one or more than one local authority's arrangements) are to be sufficient products to meet the person's needs while in Scotland. 3 Arrangements established and maintained under subsection (1)— a must include provision under which period products are obtainable by another person on behalf of the person who needs to use them, b may, where they include provision under which period products may be delivered to a person, require the person to pay costs associated with packing and delivery (except where the person could not reasonably obtain products in accordance with the arrangements in any other way). 4 For the purposes of subsection (2), the needs of a person who lives in Scotland are to be regarded as all arising while in Scotland. Education providers to ensure period products obtainable free of charge by pupils and students 2 1 Each education provider must ensure that period products are obtainable free of charge (in accordance with arrangements established and maintained by the education provider) by the persons mentioned in subsection (5). 2 An education provider is to do so by providing period products, or securing their provision, in such locations within each institution in Scotland managed by the education provider as are specified in arrangements established and maintained under subsection (1). 3 The locations specified in the arrangements established and maintained under subsection (1) for an institution must include at least one location in each building which is normally used by pupils or, as the case may be, students at the institution. 4 But where the education provider considers, having consulted under section 7, that a building of the type mentioned in subsection (3) is not a suitable place for the provision of period products, no location in the building need be specified in the arrangements established and maintained under subsection (1). 5 The persons referred to in subsection (1) are persons who— a need to use period products, and b are— i pupils at a school managed by the education provider, or ii students undertaking, in Scotland, a course (or part of a course) of education at a further education institution or higher education institution managed by the education provider. 6 The period products obtainable free of charge by a pupil or, as the case may be, a student under the arrangements established and maintained under subsection (1) are to be sufficient products to meet— a in the case of a school, the pupil's needs during the school's term times, b in the case of a higher education institution or further education institution, the student's needs during the term times for the course of education that the student is undertaking. 7 In this Act, “institution” (except in the terms “higher education institution” and “further education institution” and in the definitions of those terms in section 10) means— a a school, b a higher education institution, c a further education institution. 8 The Period Products in Schools (Scotland) Regulations 2020 (S.S.I. 2020/183) are revoked. Specified public service bodies to ensure period products obtainable free of charge by persons in their premises 3 1 Each public service body specified in regulations made by the Scottish Ministers (a “specified public service body”) must ensure that period products are obtainable free of charge (in accordance with arrangements established and maintained by the body) by persons in its premises who need to use them. 2 A specified public service body is to do so by providing period products, or securing their provision, in such locations within those premises as are specified in arrangements established and maintained under subsection (1). 3 Where a specified public service body operates over a number of sites in Scotland, the locations specified in the arrangements established and maintained under subsection (1) must include locations in premises at each such site. 4 The period products obtainable free of charge by a person under the arrangements established and maintained under subsection (1) are to be sufficient products to meet the person's needs while the person is in the premises. 5 Before specifying a body under this section, the Scottish Ministers— a must consult the body, and b may consult any other body or person they think appropriate. 6 Bodies may be specified for the purposes of this section by reference to a class that they are in. 7 Where they are proposed to be so specified, subsection (5) applies in relation to each of those bodies. 8 Regulations under this section may specify that different provisions of this Act are, in relation to a public service body specified in the regulations, to take effect on different days. 9 Regulations under this section may— a make incidental, supplementary, consequential, transitional, transitory or saving provision, b make different provision for different purposes. 10 Regulations under this section are subject to the affirmative procedure. 11 In this section, “ public service body ” means a body— a constituted by or under an enactment, and b having functions that consist of or include providing public services or otherwise serving the public interest. Arrangements under sections 1, 2 and 3: particular requirements 4 Arrangements established and maintained under section 1(1), 2(1) or, as the case may be, 3(1) must provide for— a period products to be obtainable— i reasonably easily, and ii in a way that respects the dignity of persons obtaining them, b a reasonable choice of different types of period products to be obtainable. Guidance Guidance 5 1 The Scottish Ministers must issue guidance to— a local authorities and education providers about the exercise of the functions conferred on them by— i section 1 or, as the case may be, 2, and ii section 8, b any specified public service bodies about the exercise of the functions conferred on them by sections 3 and 8. 2 The first guidance issued— a to local authorities and education providers under subsection (1)(a) is to be issued as soon as reasonably practicable after this section comes into force, b to a particular specified public service body (or to a particular class of specified public service bodies) under subsection (1)(b) is to be issued as soon as reasonably practicable after the body (or class of bodies) is specified in regulations under section 3. 3 Guidance issued under subsection (1)— a must in particular include guidance about the matters in relation to which section 4 imposes requirements, b may also include guidance about the exercise of the functions conferred on responsible bodies by sections 6 and 7. 4 Each responsible body to which guidance is issued under this section must have regard to the guidance as it relates to that body. 5 Subsection (6) applies in relation to the first issue of guidance— a to local authorities and education providers under subsection (1)(a), b to a particular specified public service body (or a particular class of specified public service bodies) under subsection (1)(b). 6 Before issuing the guidance mentioned in subsection (5), the Scottish Ministers— a must consult such persons or bodies as appear to them to represent the interests of each type of responsible body to which the guidance relates, and b may consult any other person or body they think appropriate. 7 The Scottish Ministers must, as soon as reasonably practicable after issuing guidance under subsection (1), publish the guidance in such ways as they think appropriate. 8 In this Act, “ responsible body ” means, in relation to the function conferred— a by section 1, each local authority, b by section 2, each education provider, c by section 3, each specified public service body. Additional duties on responsible bodies Statement on exercise of functions 6 1 Each responsible body— a must, as soon as reasonably practicable after guidance is first issued to the body under section 5, b may, at any other time, prepare a written statement describing the plans mentioned in subsection (2). 2 The plans are the responsible body's plans for— a the exercise of its functions under section 1, 2 or, as the case may be, 3 (including in particular a summary of the arrangements required, by subsection (1) of whichever of those sections applies, to be established and maintained by the responsible body), b the provision of information under section 8. 3 A statement prepared under subsection (1) must also explain— a the ways in which the arrangements mentioned in subsection (2)(a) comply with section 4, and b how, in developing the plans and arrangements mentioned in subsection (2), the responsible body has had regard to guidance issued under section 5 (as the guidance is in force at the time the statement is prepared and as it relates to the body). 4 Subsection (5) applies where guidance issued to a responsible body under section 5 and in force at the time the responsible body prepares a statement under subsection (1) includes guidance about the exercise of the functions conferred by this section and section 7. 5 The statement must also explain how, in exercising the functions mentioned in subsection (4), the responsible body has had regard to that guidance (as it relates to the body). 6 A statement prepared under subsection (1) may include such other information as the responsible body thinks appropriate. 7 The responsible body must publish each statement prepared under subsection (1) in such ways as the body thinks appropriate. Consultation 7 1 Before preparing a statement under section 6, each responsible body— a must consult the persons mentioned in subsection (2), and b may consult any other body or person the body thinks appropriate, about the responsible body's exercise of the functions conferred on it by section 1, 2 or, as the case may be, 3 and by section 8. 2 The persons referred to in subsection (1)(a) are, in the case of a responsible body with functions under— a section 1— i such product users who live or are otherwise likely to be present in the local authority's area as the local authority thinks appropriate, ii such persons who may seek to obtain period products on behalf of product users as the local authority thinks appropriate, b section 2, such product users who are pupils or, as the case may be, students at institutions managed by the education provider as the education provider thinks appropriate, c section 3, such product users who are likely to be in the premises of the specified public service body as the body thinks appropriate. 3 Consultation under subsection (1) must in particular include consultation— a about the ways in which product users ought to be able to obtain period products free of charge, b about the matters mentioned in subsection (4), and c about the types of period products which ought to be obtainable free of charge. 4 The matters referred to in subsection (3)(b) are— a where the consultation relates to the exercise of functions under section 1— i the premises, and ii the locations in those premises, in which period products ought to be obtainable free of charge, b where the consultation relates to the exercise of functions under section 2— i the locations in buildings of the type mentioned in section 2(3), and ii any other locations in the education provider's premises, in which period products ought to be obtainable free of charge, c where the consultation relates to the exercise of functions under section 3, the locations in the specified public service body's premises in which period products ought to be obtainable free of charge. 5 In this section, “ product users ” means— a persons who need to use period products, and b except in subsections (2)(a)(ii) and (3)(a), persons who may need to use period products in the future. Information to be provided to public 8 1 In addition to complying with section 6, each responsible body must take such steps as it thinks appropriate to inform the persons mentioned in subsection (2) of the matters mentioned in subsection (3). 2 The persons referred to in subsection (1) are, in the case of a responsible body with functions under— a section 1, members of the public within the local authority's area generally, b section 2, pupils or, as the case may be, students at— i each institution managed by the education provider, ii where an institution managed by the education provider operates across a number of campuses within Scotland, each such campus, c section 3, persons in the premises of the specified public service body. 3 The matters referred to in subsection (1) are— a that period products are obtainable free of charge, and b the arrangements for obtaining products free of charge, including in particular how, where and when products may be obtained. Final provisions Key definitions 9 In this Act— a “ period products ” means manufactured articles the purpose of which is to absorb or collect menstrual flow, b types of period products include tampons, sanitary towels and articles which are reusable, c references to a person's needs (including to a pupil's or a student's needs) are references to the person's needs for period products arising from menstruation by the person. Interpretation 10 1 In this Act— “ education provider ” means— an education authority, the proprietor of an independent school, the managers of a grant-aided school, the governing body of a higher education institution or a further education institution, “ further education institution ” means— a body listed in schedule 2 of the Further and Higher Education (Scotland) Act 2005 under the heading “ Institutions formerly eligible for funding by the Scottish Further Education Funding Council ”, or a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act, “ higher education institution ” means a body listed in schedule 2 of the Further and Higher Education (Scotland) Act 2005 under the heading “ Institutions formerly eligible for funding by the Scottish Higher Education Funding Council ” or under the heading “ Other institutions ”, “ institution ” has the meaning given in section 2(7), “ pupil ” has the meaning and construction given in section 135(1) of the Education (Scotland) Act 1980, “ responsible body ” has the meaning given in section 5(8), “ school ” has the meaning given in section 135(1) of the Education (Scotland) Act 1980, “ specified public service body ” means a public service body specified in regulations made under section 3, “ student ” means a person for whom education is being provided by a higher education institution or, as the case may be, a further education institution. 2 In subsection (1)— “education authority”, “grant-aided school”, “ independent school ”, “ managers ” and “ proprietor ” have the meanings given in section 135(1) of the Education (Scotland) Act 1980, “ governing body ” has the meaning given in section 35(2) of the Further and Higher Education (Scotland) Act 2005. Commencement 11 1 Sections 9, 10 and 12 and this section come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day within the period of 2 years beginning with the day of Royal Assent as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 12 The short title of this Act is the Period Products (Free Provision) (Scotland) Act 2021. S. 5 in force at 18.3.2021 by S.S.I. 2021/104 , reg. 2(a) S. 6 in force at 18.3.2021 by S.S.I. 2021/104 , reg. 2(b) S. 7 in force at 18.3.2021 by S.S.I. 2021/104 , reg. 2(c) S. 2 in force at 15.8.2022 by S.S.I. 2022/208 , reg. 2(b) S. 1 in force at 15.8.2022 by S.S.I. 2022/208 , reg. 2(a) S. 3 in force at 15.8.2022 by S.S.I. 2022/208 , reg. 2(c) S. 4 in force at 15.8.2022 by S.S.I. 2022/208 , reg. 2(d) S. 8 in force at 15.8.2022 by S.S.I. 2022/208 , reg. 2(e)
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[uk-legislation-asp][asp] 2024-05-05 Social Security Administration and Tribunal Membership (Scotland) Act 2020
http://www.legislation.gov.uk/asp/2020/18/2022-05-13
http://www.legislation.gov.uk/asp/2020/18/2022-05-13 Social Security Administration and Tribunal Membership (Scotland) Act 2020 An Act of the Scottish Parliament to modify the Social Security (Scotland) Act 2018 in relation to the appointment of persons to act on behalf of applicants; the provision of information in connection with the determination of eligibility for assistance; the duty to inform about possible eligibility for assistance; the operation of top-up assistance; the diagnosis of terminal illness for disability assistance purposes; and the recovery of assistance given in error; and to modify the Tribunals (Scotland) Act 2014 in relation to the eligibility of judicial office-holders to sit in the First-tier Tribunal and the Upper Tribunal. text text/xml en Statute Law Database 2022-10-21 Expert Participation 2022-05-13 Social Security Administration and Tribunal Membership (Scotland) Act 2020 2020 asp 18 An Act of the Scottish Parliament to modify the Social Security (Scotland) Act 2018 in relation to the appointment of persons to act on behalf of applicants; the provision of information in connection with the determination of eligibility for assistance; the duty to inform about possible eligibility for assistance; the operation of top-up assistance; the diagnosis of terminal illness for disability assistance purposes; and the recovery of assistance given in error; and to modify the Tribunals (Scotland) Act 2014 in relation to the eligibility of judicial office-holders to sit in the First-tier Tribunal and the Upper Tribunal. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 29th September 2020 and received Royal Assent on 10th November 2020 PART 1 Social security administration Appointees Appointment of person to act on behalf of child 1 1 The Social Security (Scotland) Act 2018 is modified as follows. 2 After section 85 insert— Appointees Appointment of person to act on behalf of child 85A 1 The Scottish Ministers may appoint a person (an “appointee”) to act on behalf of a child in connection with the determination of the child's entitlement to assistance under section 24 or regulations under section 79. 2 An appointment under subsection (1) may, if the Scottish Ministers consider it appropriate, include an appointment of the person to receive such assistance on the child's behalf. 3 The Scottish Ministers may only appoint an appointee if it appears to them that there is no person who— a has authority to act on behalf of the child, b resides with, and has care of, the child, and c is willing, and practicably able, to act on the child's behalf in relation to the matter mentioned in subsection (1). 4 An individual who is under 16 years may not be appointed as an appointee. 5 Where an appointee is appointed under subsection (1) to act on behalf of a child— a the appointee can do anything that a person with authority (however arising) to act on behalf of the child in relation to the determination of the child's entitlement to assistance could do in connection with the determination of the child's entitlement to assistance (including making an application for assistance), b the Scottish Ministers may request that the appointee provide them with information that the Ministers may otherwise request under section 54 or (as the case may be) the regulations under section 79 (and in the case of section 54, subsections (2) and (3) of that section apply to that request as they apply to a request made to the child), c any information that would be given to the child under or by virtue of Part 2 or (as the case may be) the regulations, must be given to the appointee instead. 6 The Scottish Ministers may terminate an appointment under subsection (1) at any time. 7 In this section, “ child ” means an individual who is under 16 years. . Appointment of person to act on behalf of individual 2 1 The Social Security (Scotland) Act 2018 is modified as follows. 2 Section 58 is repealed. 3 In section 85A (as inserted by section 1), after subsection (5) insert— 5A The Scottish Ministers must consider whether to make an appointment under subsection (1), or to terminate such an appointment, if requested to do so by— a the child, or b anyone else who appears to the Ministers to— i have authority to act on behalf of the child, ii reside with, and have care of, the child, or iii have an interest in the welfare or financial affairs of the child. 5B Subsection (5C) applies where the Scottish Ministers are deciding whether to make or terminate an appointment under subsection (1). 5C In making the decision the Scottish Ministers must, insofar as practicable, have regard to the views of— a the child, b anyone who is a relevant person in relation to the child within the meaning of section 200 of the Children's Hearings (Scotland) Act 2011, and c anyone else who appears to the Ministers to have an interest in the welfare or financial affairs of the child. . 4 After section 85A insert— Appointment of person to act in other circumstances 85B 1 The Scottish Ministers may appoint a person (an “appointee”) to act on behalf of an individual in connection with the determination of the individual's entitlement to assistance under section 24 or regulations under section 79. 2 An appointment under subsection (1) may, if the Scottish Ministers consider it appropriate, include an appointment of the person to receive such assistance on the individual's behalf. 3 The Scottish Ministers may only appoint an appointee if— a the individual is 16 years or over and the conditions in subsection (4) are met, or b it appears to them that subsection (6) or (7) applies. 4 The conditions are— a the individual indicates (in such form as the Scottish Ministers require) that the individual agrees to the appointment, and b an appropriate person certifies (in such form as the Scottish Ministers require) that in the person's opinion— i the individual is not incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000, ii the individual understands the effect of the appointment, iii the individual has not been subject to any undue influence in agreeing to the appointment, and iv the person proposed to be appointed is suitable to act as the individual's appointee. 5 The Scottish Ministers are to make regulations defining “ appropriate person ” for the purposes of subsection (4)(b). 6 This subsection applies if— a the individual is deceased, and b there is no executor appointed on the individual's estate. 7 This subsection applies if, in relation to the matter mentioned in subsection (1)— a the individual is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000, b there is no guardian acting or appointed under that Act, c the individual's estate is not being administered by a judicial factor, and d there is no other person who has authority to act on behalf of the individual and is willing to do so. 8 An individual who is under 16 years may not be appointed as an appointee. 9 Where an appointee is appointed under subsection (1) to act on behalf of an individual— a the appointee can do anything that a relevant individual could do in connection with the determination of the individual's entitlement to assistance (including making an application for assistance), b the Scottish Ministers may request that the appointee provide them with information that the Ministers may otherwise request under section 54 or (as the case may be) the regulations under section 79 (and in the case of section 54, subsections (2) and (3) of that section apply to that request as they apply to a request made to the individual), c any information that would be given to the individual under or by virtue of Part 2 or (as the case may be) the regulations, must be given to the appointee instead. 10 In subsection (9)(a), “ relevant individual ” means— a in the case of an appointment by virtue of subsection (3)(a), the individual in relation to whom the appointment is made, b in the case of an appointment by virtue of subsection (6), an executor appointed on the individual's estate, c in the case of an appointment by virtue of subsection (7), a person with authority (however arising) to act on behalf of the individual in relation to the determination of the individual's entitlement to assistance. 11 The Scottish Ministers may terminate an appointment under subsection (1) at any time. 12 The Scottish Ministers must— a terminate an appointment made by virtue of subsection (3)(a) if the individual withdraws agreement to it, b consider whether to terminate an appointment made by virtue of subsection (3)(a) if requested to do so by anyone who appears to the Ministers to have an interest in the welfare or financial affairs of the individual. 13 The Scottish Ministers must consider whether to terminate an appointment made by virtue of subsection (6) if requested to do so by anyone who appears to the Ministers to have an interest in the financial affairs of the individual. 14 The Scottish Ministers must consider whether to make an appointment by virtue of subsection (7), or to terminate such an appointment, if requested to do so by— a the individual, or b anyone else who appears to the Ministers to— i have authority to act on behalf of the individual, or ii have an interest in the welfare or financial affairs of the individual. 15 Subsection (16) applies where the Scottish Ministers are deciding whether to make an appointment by virtue of subsection (7) or to terminate such an appointment. 16 In making the decision, the Scottish Ministers must, insofar as practicable, have regard to— a the wishes and feelings of the individual, and b the views of anyone else who appears to the Ministers to have an interest in the welfare or financial affairs of the individual. . 5 After section 85B (as inserted by subsection (4)) insert— Guidelines for decisions about appointees 85C 1 The Scottish Ministers— a must prepare guidelines governing their decisions in connection with appointments under sections 85A and 85B, b may revise the guidelines, c must make the latest version of the guidelines publicly available by such means as they consider appropriate. 2 The guidelines must, in particular, set out— a the steps that the Scottish Ministers will take to determine that a person is suitable for appointment, b how a request that an appointment be made or terminated may be made and how it will be handled, c the process by which persons with an interest in the making or termination of an appointment will be involved in those decisions, d the steps that the Scottish Ministers will take to review appointments periodically (being in any case no more than 5 years) and the process by which that will occur, e how concerns about the acts, or omissions, of an appointee may be raised and how any concerns raised will be handled. 3 In preparing or revising the guidelines, the Scottish Ministers must have regard (among other things) to the following considerations— a that an appointment in the case of a living individual should be made only if it appears to secure a benefit in respect of the individual that cannot reasonably be achieved without the appointment, b that such an appointment should last for only so long as it continues to secure that benefit, c that, so far as reasonably practicable, before decisions are made— i persons who may be affected are consulted, and ii due account is taken of their views (or, if they are incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000, their wishes and feelings), d that decisions should be made on the basis of good information, e that decision-making processes should, so far as reasonably practicable, take account of the circumstances of individual cases, f that persons who may be affected by decisions are given adequate information and support in relation to their involvement in the decision-making process. 4 In preparing or revising the guidelines, the Scottish Ministers must consult— a the Commissioner for Children and Young People in Scotland, b the Mental Welfare Commission for Scotland, c the Public Guardian (established by section 6 of the Adults with Incapacity (Scotland) Act 2000), and d local authorities. . 6 After section 85C (as inserted by subsection (5)) insert— Right to apply to First-tier Tribunal for review of certain decisions 85D 1 A qualifying person may apply to the First-tier Tribunal for Scotland for a review of— a a decision under section 85A made following a request under subsection (5A) of that section, b a decision under section 85B made following a request under subsection (12)(b), (13) or (14) of that section. 2 For the purposes of subsection (1), the following are qualifying persons— a the person who made the request, and b any other person entitled to make the same request. 3 An application under subsection (1)— a may be made without the First-tier Tribunal's permission if the application is made within 31 days beginning with the day on which the decision concerned was made, b may be made only with the First-tier Tribunal's permission if the application is made after the period mentioned in paragraph (a), c may not be made after the period of one year beginning with the day on which the decision concerned was made. 4 The First-tier Tribunal may give permission under subsection (3)(b) for an application to be made only if satisfied that there is a good reason for the application not having been made sooner. 5 On application under subsection (1), the First-tier Tribunal is to review the decision concerned and may in consequence— a uphold the decision, or b set the decision aside. 6 Where a decision is set aside by the First-tier Tribunal, it may (as it considers appropriate)— a reach its own view on what the decision should be and order the Scottish Ministers to make the decision accordingly, or b order the Scottish Ministers to make the decision afresh. 7 In reaching its own view on what a decision should be by virtue of subsection (6)(a), the First-tier Tribunal may reach such findings in fact as it considers appropriate. 8 In ordering the Scottish Ministers to make a decision afresh by virtue of subsection (6)(b), the First-tier Tribunal may give the Ministers such directions as it considers appropriate. 9 A decision by the First-tier Tribunal about— a the outcome of an application under subsection (1), or b whether to give permission under subsection (3)(b) for an application to be made, is final. 10 Accordingly (and without prejudice to the generality of subsection (9)), any such decision by the First-tier Tribunal may be neither— a reviewed under section 43 of the Tribunals (Scotland) Act 2014, nor b appealed against under section 46 of that Act. . 7 After section 85D (as inserted by subsection (6)) insert— Guidance for appointees 85E 1 A person appointed under section 85A or 85B must have regard to any guidance issued by the Scottish Ministers about the way in which the role of appointee should be carried out. 2 The Scottish Ministers must make guidance issued for the purpose of subsection (1) publicly available. . 8 In section 96(3), for “and 43(5)” substitute “ , 43(5) and 85B(5) ” . Non-disclosure of health information Determination of entitlement to assistance: non-disclosure of information 3 1 The Social Security (Scotland) Act 2018 is modified as follows. 2 After section 62 insert— Non-disclosure of health information Non-disclosure of information about individual's health 62A 1 This section applies in relation to a duty of the Scottish Ministers arising from section 38(5), 40(1), 41(6), 42(2), 44(1) or 53(2) to inform a person (“ the recipient ”) of certain things in connection with the determination of an individual's entitlement to assistance. 2 Nothing in the duty is to be regarded as requiring the Scottish Ministers to disclose information if subsection (3) applies to it. 3 This subsection applies to information if— a it relates to the physical or mental health of the individual, and b a registered medical practitioner or a registered nurse has informed the Scottish Ministers that disclosure of the information would be likely to cause serious harm to the physical or mental health of the recipient. . Top up of reserved benefits Offences 4 1 The Social Security (Scotland) Act 2018 is modified as follows. 2 In section 79(2), after paragraph (f) insert— g offences. . 3 In section 80, after subsection (3) insert— 4 The maximum penalty that may be provided for in regulations under section 79 in respect of an offence under those regulations is— a on summary conviction— i imprisonment for a term not exceeding 12 months, ii a fine not exceeding the statutory maximum, or iii both, b on conviction on indictment— i imprisonment for a term not exceeding 5 years, ii a fine, or iii both. . 4 After section 80 insert— Default provision in respect of offences 80A 1 Sections 71 to 73 (which establish offences) apply in connection with financial assistance given by virtue of top-up assistance regulations as they apply in connection with assistance given under section 24. 2 But subsection (1) is subject to any contrary provision in top-up assistance regulations. 3 Where they apply by virtue of subsection (1), sections 71 to 73 apply subject to the following modifications— a a reference to assistance is to be read as a reference to financial assistance provided for by top-up assistance regulations, b a reference to giving notice in accordance with section 56 is to be read as a reference to giving notice in accordance with top-up assistance regulations, c sections 72(3) and 73(3) do not apply unless, in accordance with top-up assistance regulations, the Scottish Ministers have informed the person in question about the way in which notification of a change of circumstances is to be given. 4 For the avoidance of doubt, the reference in section 74 to an offence under this Act or any regulations made under it includes— a an offence under any of sections 71 to 73 as applied by virtue of subsection (1), b an offence under top-up assistance regulations. 5 In this section, “ top-up assistance regulations ” means regulations under section 79. . Investigations 5 1 The Social Security (Scotland) Act 2018 is modified as follows. 2 The title of Chapter 6 of Part 2 becomes “ OFFENCES ” . 3 The italic heading immediately preceding section 71 is omitted. 4 Section 75 is— a moved to after section 84 (and the italic heading immediately preceding it moves with it), and b re-numbered 84A. 5 Section 76 is— a moved to after section 84A, and b renumbered 84B. 6 In section 84A(1), after “Act” insert “ or regulations under section 79 ” . 7 In section 84B(1), for “75” substitute “ 84A ” . 8 In section 96(2)— a the word “75,” is repealed, b after “82,” insert “ 84A, ” . Transitional provision in consequence of section 5 6 1 Anything done under section 75 or 76 of the Social Security (Scotland) Act 2018 (“ the 2018 Act ”) is to be treated as having been done under section 84A or 84B, respectively, of that Act. 2 And any reference to section 75 or 76 of the 2018 Act in any enactment or other document is to be read accordingly. 3 The Scottish Ministers may publish a code of practice under section 84B of the 2018 Act without consulting in accordance with section 84B(3) of that Act, provided the only differences from the code last published under section 76 of that Act are to reflect the renumbering effected by section 5 of this Act. Uprating for inflation 7 1 The Social Security (Scotland) Act 2018 is modified as follows. 2 The Chapter number and title immediately preceding section 77 are omitted. 3 Section 77 is— a moved to after section 86, and b renumbered 86A. 4 Section 78 is— a moved to after section 86A, and b renumbered 86B. 5 Immediately before section 86A, insert the italic heading “ Uprating for inflation ” . 6 In section 86A— a in subsection (3), for paragraph (a) substitute— a a figure prescribed as the value, or part of the value, of the assistance that is to be given to an individual in regulations under— i any section in Chapter 2 of Part 2, or ii section 79, but , b subsection (6) is repealed. 7 In section 86B— a in subsection (1)— i the word “and” immediately preceding paragraph (d) is repealed, ii at the end of paragraph (d) insert and e the Scottish Child Payment Regulations 2020, , b for subsection (2) substitute— 2 The reference in subsection (1) to bringing forward legislation to replace a figure is a reference to laying before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations that would have the effect of replacing the figure. , c in subsection (4), in the definition of “relevant figure”, for “77(3)” substitute “ 86A(3) ” . 8 The title of section 86B becomes “ Duty to uprate certain types of assistance ” . Transitional provision in consequence of section 7 8 1 Anything done under section 77 or 78 of the Social Security (Scotland) Act 2018 (“ the 2018 Act ”) is to be treated as having been done under section 86A or 86B, respectively, of that Act. 2 And any reference to section 77 or 78 of the 2018 Act in any enactment or other document is to be read accordingly. Identifying possible eligibility Duty to inform about possible eligibility 9 1 The Social Security (Scotland) Act 2018 is modified as follows. 2 Section 53 is— a moved to after section 84B (and the italic heading immediately preceding it moves with it), and b re-numbered 84C. 3 In section 84C— a in subsection (1), after “assistance”, where it first appears, insert “ under Part 2 or (as the case may be) regulations under section 79, ” , b in subsection (2)(b)(ii), after “52” insert “ , or (as the case may be) section 79 ” , c in subsection (3), after “54(1)” insert “ , or (as the case may be) regulations under section 79 ” , d for paragraphs (a) and (b) of subsection (4) substitute— a where the determination mentioned in subsection (1) relates to an individual's entitlement to assistance under Part 2— i a different type of assistance described in Chapter 2 of that Part from the type of assistance that the determination mentioned in subsection (1) relates to, ii the same type of assistance as that determination relates to, but in respect of a different period or (as the case may be) event, or iii assistance under regulations under section 79, b where the determination mentioned in subsection (1) relates to an individual's entitlement to assistance under regulations under section 79— i a different type of assistance described in regulations under section 79 from the type of assistance that the determination mentioned in subsection (1) relates to, ii the same type of assistance as that determination relates to, but in respect of a different period or (as the case may be) event, or iii a type of assistance described in Chapter 2 of Part 2. . Transitional provision in consequence of section 9 10 1 Anything done under section 53 of the Social Security (Scotland) Act 2018 (“ the 2018 Act ”) is to be treated as having been done under section 84C of that Act. 2 And any reference to section 53 of the 2018 Act in any enactment or other document is to be read accordingly. Diagnosing terminal illness for disability assistance purposes Persons who can give diagnosis 11 1 The Social Security (Scotland) Act 2018 is modified as follows. 2 In schedule 5— a in paragraph 1— i in sub-paragraph (2), for “a registered medical practitioner” substitute “ an appropriate healthcare professional ” , ii after sub-paragraph (2) insert— 2A The regulations may provide that, in the situation mentioned in sub-paragraph (2B), an individual who is not resident in the United Kingdom is to be regarded as having a terminal illness despite the clinical judgement described in sub-paragraph (2) not having been formed with regard to the guidance mentioned in sub-paragraph (3). 2B The situation referred to in sub-paragraph (2A) is that it would not be reasonable in the circumstances to insist on a clinical judgement being provided that has been formed with regard to the guidance. 2C The regulations are to define “appropriate healthcare professional” for the purpose of determining entitlement to disability assistance on the basis of an individual having a terminal illness. 2D In defining “appropriate healthcare professional” the regulations— a must provide that being a registered medical practitioner or registered nurse is a requirement for being an appropriate healthcare professional, b may provide that being a registered member of a healthcare profession otherwise than as mentioned in paragraph (a) is a requirement for being an appropriate healthcare professional, c may include additional requirements that a person must satisfy in order to be an appropriate healthcare professional, including by reference to a person's— i skills, training, qualifications and experience, ii professional relationship to the individual in question, iii being authorised to act as an appropriate healthcare professional in relation to the individual in question by— A a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978, B a Special Health Board constituted under section 2(1)(b) of that Act, C the Scottish Ministers. d may make different provision about the requirements for being an appropriate healthcare professional for the purposes of determining the entitlement to disability assistance of individuals who are resident in the United Kingdom and those who are not. , iii for sub-paragraph (3), substitute— 3 The Chief Medical Officer of the Scottish Administration is— a to prepare and from time to time revise, and b to make publicly available by such means as the Chief Medical Officer considers appropriate, guidance that sets out when a progressive disease can reasonably be expected to cause an individual's death for the purpose of determining entitlement to disability assistance. 4 Before preparing or revising guidance under sub-paragraph (3), the Chief Medical Officer must consult appropriate healthcare professionals (as defined in sub-paragraph (2C)) who are registered in the United Kingdom as members of a healthcare profession. , b in paragraph 10 for “a registered medical practitioner” substitute “ an appropriate healthcare professional (see paragraph 1(2C)) ” . Suspension of assistance Power to suspend payment of assistance 12 1 The Social Security (Scotland) Act 2018 is modified as follows. 2 In section 51— a in subsection (2), the “and” at the end of paragraph (a) is repealed, b after paragraph (a) insert— aa make provision, in accordance with schedule 11, about— i the circumstances in which an individual who has an entitlement to assistance in respect of a period under such a determination is not to become entitled to be given some or all of that assistance at the time at which the individual otherwise would in accordance with provision under paragraph (a), and ii in that event, how and when the individual is to become entitled to be given that assistance, and , c after subsection (3), insert— 3A Schedule 11 makes provision about the exercise of the power conferred by subsection (2)(aa). . 3 In section 54— a in subsection (1), for paragraphs (a) and (b) substitute— a the Scottish Ministers are either— i determining an individual's entitlement to assistance (whether under section 37 or 43), or ii considering whether regulations under section 52 require them to make a determination of an individual's entitlement to assistance without receiving an application, and b they require further information in order to satisfy themselves about any matter material to the making of the determination of entitlement or (as the case may be) to their consideration of whether they are required to make a determination without receiving an application, , b after subsection (1) insert— 1A If— a the Scottish Ministers are either— i determining the individual's entitlement to a type of assistance that the individual has ongoing entitlement to, or ii considering whether regulations under section 52 require them to make a determination of the individual's entitlement to assistance without receiving an application, b the individual fails to provide the requested information by the end of the period specified under subsection (1), and c it is the first time that the individual has failed to provide the Scottish Ministers with the requested information within a specified period since they began making the determination or considering the matter mentioned in paragraph (a)(ii), the Scottish Ministers may issue a decision to suspend the assistance to the individual in accordance with regulations under section 51(2)(aa). 1B Where the Scottish Ministers issue such a decision, they must, at the same time, request that the individual provide them with the information within such further period as they specify. , c in subsection (2), for “specified period” substitute “ the period specified under subsection (1) or (1B) ” , d after subsection (3) insert— 4 The reference in subsection (1A)(a) to an individual having ongoing entitlement to a type of assistance is to an individual being entitled to be given the type of assistance in question under section 24 under a determination made on the basis that the individual has ongoing entitlement to that type of assistance. . 4 After schedule 10, insert— SCHEDULE 11 Suspension of assistance (introduced by section 51) Circumstances in which assistance may be suspended 1 1 The regulations may provide for an individual's assistance to be suspended in the following circumstances only— a under section 54(1A) the Scottish Ministers have issued a decision to suspend assistance to the individual due to a failure to provide information which the individual is yet to provide, b where the Scottish Ministers have made arrangements (whether under section 85A, 85B or otherwise) for a person to receive the assistance on the individual's behalf, and the Ministers consider that it is necessary to suspend the assistance— i in order to protect the individual from the risk of financial abuse, ii because the person with whom the Ministers have made arrangements is unable to continue to receive the assistance, or iii for any other reason specified in the regulations, or c the individual has requested that the Scottish Ministers temporarily stop giving the assistance in question and is yet to request that they resume doing so. 2 For the purpose of sub-sub-paragraph (1)(b), “ financial abuse ” includes— a having money or other property stolen, b being defrauded, c being put under pressure in relation to money or other property, d having money or other property misused. Safeguards: requirement to consider financial circumstances before suspension 2 The regulations must require the Scottish Ministers, before suspending the assistance given to an individual, tohave regard to the financial circumstances of the individual. Safeguards: right to review suspension 3 The regulations must confer a right on an individual whose assistance has been suspended to require the Scottish Ministers to review their decision to suspend the individual's assistance. Safeguards: information to be given following suspension 4 1 The regulations must require the Scottish Ministers to inform an individual whose assistance they have suspended— a of their decision to suspend the individual's assistance, b of the reasons for their decision, c of any steps which might be taken by the individual in order for the Scottish Ministers to consider ending the suspension, and d of the individual's right in accordance with the regulations to require the Scottish Ministers to review their decision to suspend the individual's assistance. 2 The regulations must provide that the Scottish Ministers are to fulfil the duty described by sub-paragraph (1) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others. Safeguards: effect of suspension ending 5 The regulations must provide that when— a the suspension of an individual's assistance ends, and b under the latest determination of the individual's entitlement to the type of assistance in question, the individual would have become entitled to be given assistance during the period of the suspension, the individual is immediately to be given under section 24 the assistance that the individual would have become entitled to be given under the determination during that period. Generality of enabling power unaffected 6 Nothing in this schedule is to be taken to limit the provision that may be included in the regulations except to the extent stated. Interpretation 7 In this schedule— a references to an individual's assistance being suspended are to an individual, by virtue of the regulations, not becoming entitled to be given some or all of the assistance in respect of a period that the individual otherwise would at the time, or times, prescribed by regulations under section 51(2)(a), b “ the regulations ” means regulations under section 51(1). . Power to set value of assistance as nil in certain circumstances Power to set value of assistance as nil in certain circumstances 13 1 The Social Security (Scotland) Act 2018 is modified as follows. 2 In schedule 2— a after paragraph 11 insert— Power to set value of assistance as nil 11A 1 Provision may be made in the regulations for the value of the carer's assistance that is to be given to an individual in respect of a period to be £0, but— a such provision must be framed so as to apply by reference to at least one of the following matters— i the individual being resident and present in a particular place during the period, ii the individual being in receipt of another type of assistance (whether under this Act or another enactment) during the period, and b the Scottish Ministers may only make such provision where they consider that it would be in the interests of the individuals to whom it applies to be entitled to carer's assistance with a value of £0 in respect of a period rather than not being entitled to carer's assistance at all. 2 Nothing in sub-paragraph (1)(a) is to be taken to preclude provision being framed so as to apply by reference to further matters in addition to those mentioned there. , b in paragraph 12(b), for “paragraph 11” substitute “ paragraphs 11 and 11A ” . 3 In schedule 5— a after paragraph 14 insert— Power to set value of assistance as nil 14A 1 Provision may be made in the regulations for the value of the disability assistance that is to be given to an individual in respect of a period to be £0, but— a such provision must be framed so as to apply by reference to at least one of the following matters— i the individual being resident and present in a particular place during the period, ii the individual being in receipt of another type of assistance (whether under this Act or another enactment) during the period, and b the Scottish Ministers may only make such provision where they consider that it would be in the interests of the individuals to whom it applies to be entitled to disability assistance with a value of £0 in respect of a period rather than not being entitled to disability assistance at all. 2 Nothing in sub-paragraph (1)(a) is to be taken to preclude provision being framed so as to apply by reference to further matters in addition to those mentioned there. , b in paragraph 19, after paragraph (c) insert— ca paragraph 14A in Chapter 1 of Part 2, . 4 In schedule 7— a after paragraph 11 insert— Power to set value of assistance as nil 11A 1 Provision may be made in the regulations for the value of the employment-injury assistance that is to be given to an individual in respect of a period to be £0, but— a such provision must be framed so as to apply by reference to at least one of the following matters— i the individual being resident and present in a particular place during the period, ii the individual being in receipt of another type of assistance (whether under this Act or another enactment) during the period, and b the Scottish Ministers may only make such provision where they consider that it would be in the interests of the individuals to whom it applies to be entitled to employment-injury assistance with a value of £0 in respect of a period rather than not being entitled to employment-injury assistance at all. 2 Nothing in sub-paragraph (1)(a) is to be taken to preclude provision being framed so as to apply by reference to further matters in addition to those mentioned there. , b in paragraph 15, after paragraph (b) insert— ba paragraph 11A in Chapter 1 of Part 2, . 5 In schedule 9— a after paragraph 10 insert— Power to set value of assistance as nil 10A 1 Provision may be made in the regulations for the value of the housing assistance that is to be given to an individual in respect of a period to be £0, but— a such provision must be framed so as to apply by reference to at least one of the following matters— i the individual being resident and present in a particular place during the period, ii the individual being in receipt of another type of assistance (whether under this Act or another enactment) during the period, and b the Scottish Ministers may only make such provision where they consider that it would be in the interests of the individuals to whom it applies to be entitled to housing assistance with a value of £0 in respect of a period rather than not being entitled to housing assistance at all. 2 Nothing in sub-paragraph (1)(a) is to be taken to preclude provision being framed so as to apply by reference to further matters in addition to those mentioned there. , b in paragraph 13, after “9” insert “ , 10A ” . Assistance given in error First-tier Tribunal's jurisdiction 14 1 The Social Security (Scotland) Act 2018 is modified as follows. 2 Section 68 is repealed. 3 After section 87 insert— Assistance given in error: First-tier Tribunal's jurisdiction Power to transfer jurisdiction from sheriff to tribunal 87A 1 The Scottish Ministers may by regulations transfer to the First-tier Tribunal for Scotland some or all of the competence and jurisdiction that a sheriff has in relation to the recovery of— a money owed under section 63, or b money owed under regulations under Part 3. 2 Before laying a draft Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament for approval by resolution, the Scottish Ministers must consult— a the Lord President of the Court of Session, b the President of the Scottish Tribunals, c sheriffs principal. 3 The Scottish Ministers must— a exercise the power conferred by subsection (1) at least once, b before 1 April 2021, consult the persons mentioned in subsection (2) about making regulations under subsection (1). . 4 In section 96(2)— a the word “68,” is repealed, b after “86” insert “ , 87A ” . PART 2 Tribunal membership Authorisation of judiciary to sit in Scottish Tribunals 15 1 Section 18 of the Tribunals (Scotland) Act 2014 is modified as follows. 2 For subsection (1), substitute— 1 If requested to do so by the President of Tribunals, the Scottish Ministers may issue a temporary authorisation— a for a person falling within subsection (1A) to assist in the disposal of the business of the First-tier Tribunal, b for a person falling within subsection (2) to assist in the disposal of the business of the Upper Tribunal. . 3 After subsection (1), insert— 1A A person falls within this subsection if the person is— a a judge of a relevant UK court or tribunal, b a former judge of a relevant UK court or tribunal, c a judge of an overseas court or tribunal, or d a judge of an international court or tribunal. . 4 In subsection (2)— a the “or” at the end of paragraph (a)(iii) is repealed, b for paragraph (b), substitute— b a judge of a relevant UK court or tribunal, c a former judge of a relevant UK court or tribunal, d a judge of an overseas court or tribunal, or e a judge of an international court or tribunal. . 5 In subsection (4), for “the Upper Tribunal” substitute “ the Tribunal concerned ” . 6 For subsection (8), substitute— 8 In the case of a person mentioned in subsection (1A)(a), (c) or (d) or (2)(b), (d) or (e), subsections (1) and (5) are subject to such further arrangements as the Scottish Ministers may make with a governmental or other body responsible for the administration of the court or tribunal concerned, or its judiciary, for the purposes of those subsections. 8A In the case of a person mentioned in subsection (1A) or (2)(b), (c), (d) or (e), if the person has not previously taken the required oaths, the person must take them in the presence of the President of Tribunals before acting as mentioned in subsection (4). . 7 For subsection (10), substitute— 10 In this section— “ an international court or tribunal ” means a court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of— an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is a party, or a resolution of the Security Council or General Assembly of the United Nations, “ an overseas court or tribunal ” means a court or tribunal established under the law of a country or territory outwith the United Kingdom, “ a relevant UK court or tribunal ” means a court or tribunal established under the law of one or more parts of the United Kingdom, excluding a court or tribunal established under the law of Scotland only, “ the required oaths ” means the oaths of allegiance and the judicial oath as set out in the Promissory Oaths Act 1868. . Consequential modifications 16 1 The Tribunals (Scotland) Act 2014 is modified as follows. 2 In section 14— a in subsection (2)(b), for “the Upper Tribunal” substitute “ the First-tier Tribunal or the Upper Tribunal (as the case may be) ” , b in subsection (3)(b), after the second “of” insert “ the First-tier Tribunal or ” . 3 In section 19— a in subsection (3), after “member” insert “ of the First-tier Tribunal or ” , b for subsection (4), substitute— 4 In this Act— a a reference to an extra judge in relation to the First-tier Tribunal is to a person falling within section 18(1A) (as read with section 18(4)), b a reference to an extra judge in relation to the Upper Tribunal is to a person falling within section 18(2) (as read with section 18(4)). . 4 In section 37(4), for the definition of “member” substitute— “ member ”, in relation to a Tribunal chamber— a means an ordinary, legal or judicial member of the Tribunal who is assigned to the chamber, b while assigned to the chamber, also includes an extra judge who is authorised to act as mentioned in section 18(4). 5 After section 38(4), insert— 4A Regulations under subsection (1) may include provision about the involvement in decision-making of an extra judge who is authorised to act as mentioned in section 18(4). . 6 For section 41(2), substitute— 2 For the purposes of subsection (1), an extra judge in relation to the First-tier Tribunal or the Upper Tribunal is to be treated as if a member of the Tribunal concerned (with section 42(1) so applying accordingly). . 7 In paragraph 9 of schedule 4— a after sub-paragraph (1), insert— 1A An extra judge who is authorised to act as mentioned in section 18(4) is to be assigned to at least one of the chambers. , b in sub-paragraph (2), after “member” insert “ or such an extra judge ” , c in sub-paragraph (3), for “such a member” substitute “ a judicial member ” . 8 In schedule 10, after the entry for “judicial member (Upper)” insert— extra judge (First-tier) Section 19(4) . PART 3 Final provisions Ancillary provision 17 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it. 2 Regulations under this section may— a make different provision for different purposes, b modify any enactment (including this Act). 3 Regulations under this section— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but b otherwise are subject to the negative procedure. Commencement 18 1 The following provisions come into force on the day after Royal Assent: this section and sections 1, 4, 5, 6, 14, 17 and 19. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may make different provision for different purposes. Short title 19 The short title of this Act is the Social Security Administration and Tribunal Membership (Scotland) Act 2020. S. 2(4) in force at 23.12.2020 for specified purposes by S.S.I. 2020/422 , reg. 3 S. 2(5) in force at 26.7.2021 by S.S.I. 2021/232 , reg. 2(a) S. 3 in force at 26.7.2021 by S.S.I. 2021/232 , reg. 2(b) S. 9 in force at 26.7.2021 by S.S.I. 2021/232 , reg. 2(c) S. 10 in force at 26.7.2021 by S.S.I. 2021/232 , reg. 2(d) S. 11 in force at 26.7.2021 by S.S.I. 2021/232 , reg. 2(e) S. 12 in force at 26.7.2021 by S.S.I. 2021/232 , reg. 2(f) S. 13 in force at 26.7.2021 by S.S.I. 2021/232 , reg. 2(g) S. 7 in force at 11.10.2021 by S.S.I. 2021/338 , reg. 2 S. 8 in force at 20.10.2021 by S.S.I. 2021/352 , reg. 2 S. 2(1) (2) (3) (7) in force at 24.1.2022 by S.S.I. 2021/442 , reg. 2(a) (with reg. 3 ) S. 2(4) in force at 24.1.2022 for specified purposes by S.S.I. 2021/442 , reg. 2(b) (with reg. 3 ) S. 15 in force at 13.5.2022 by S.S.I. 2022/146 , reg. 2 S. 16 in force at 13.5.2022 by S.S.I. 2022/146 , reg. 2
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[uk-legislation-asp][asp] 2024-05-05 Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020
http://www.legislation.gov.uk/asp/2020/14/2023-10-03
http://www.legislation.gov.uk/asp/2020/14/2023-10-03 Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 An Act of the Scottish Parliament to increase penalties for the most serious animal welfare offences, to provide for fixed penalties in relation to animal welfare offences generally, to increase the protection for service animals from being caused unnecessary suffering, to require courts to consider making disqualification orders following convictions for animal welfare offences, to provide for fixed penalties in relation to animal health offences, to increase penalties in relation to certain wildlife offences, to provide for fixed penalties in relation to wildlife offences, to increase the protection for seals from being killed, injured or taken; to confer power on inspectors and constables, where animals have been taken into possession to alleviate their suffering, to make arrangements for the treatment, transfer or destruction of those animals; and for connected purposes. text text/xml en Statute Law Database 2024-02-02 Expert Participation 2023-10-03 Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 2020 asp 14 An Act of the Scottish Parliament to increase penalties for the most serious animal welfare offences, to provide for fixed penalties in relation to animal welfare offences generally, to increase the protection for service animals from being caused unnecessary suffering, to require courts to consider making disqualification orders following convictions for animal welfare offences, to provide for fixed penalties in relation to animal health offences, to increase penalties in relation to certain wildlife offences, to provide for fixed penalties in relation to wildlife offences, to increase the protection for seals from being killed, injured or taken; to confer power on inspectors and constables, where animals have been taken into possession to alleviate their suffering, to make arrangements for the treatment, transfer or destruction of those animals; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th June 2020 and received Royal Assent on 21st July 2020 CHAPTER 1 Animal welfare, animal health and wildlife: offences and penalties Animal welfare offences: penalties Prevention of harm to animals: penalties for offences 1 1 The Animal Health and Welfare (Scotland) Act 2006 (in this Act, “the 2006 Act”) is amended as follows. 2 In section 46 (penalties for offences)— a for subsection (1) substitute— 1 A person who commits an offence under section 19 or 23 is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £20,000 (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). , b in subsection (3)— i after “Part” insert “ (other than under regulations made under section 46A) ” , ii for “referred to in subsection (2)” substitute “ mentioned in subsection (4) ” , c after subsection (3) insert— 4 The penalties referred to in subsection (4) are imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both). . 3 Section 44 is repealed. Fixed penalty notices for certain animal welfare offences 2 In the 2006 Act, after section 46 insert— Fixed penalty notices for certain offences 46A 1 The Scottish Ministers may by regulations make provision for or in connection with the issuing of fixed penalty notices in relation to certain offences. 2 The offences in relation to which fixed penalty notices may be issued must be specified in or by virtue of regulations under subsection (1). 3 The offences which may be specified are offences— a under— i this Part, ii regulations made under section 26, 27 or 28 (whether made before, on or after the coming into force of this section), or iii another enactment (whether made or, as the case may be, passed before, on or after the coming into force of this section) which the Scottish Ministers consider relates to animal welfare, and b in relation to which the maximum penalty on conviction does not exceed imprisonment for a term of 6 months or a fine of level 5 on the standard scale (or both). 4 Regulations under subsection (1) may in particular include provision— a subject to subsections (6) and (7), prescribing the form of a fixed penalty notice, b prescribing the persons or categories of persons who are authorised to issue fixed penalty notices, c conferring on the Scottish Ministers the power to authorise a person to issue fixed penalty notices, d conferring powers to enter premises (other than dwelling-houses) in connection with the issuing of fixed penalty notices, e about the circumstances in which fixed penalty notices may be issued (including the test which must be satisfied before a person authorised to issue such notices may do so), f about the circumstances in which fixed penalty notices may not be issued, g about the circumstances in which fixed penalty notices may be withdrawn (including the effects of such withdrawal), h prescribing the amount of the fixed penalty which is to apply to an offence, being not more than level 5 on the standard scale, i prescribing the person to whom payment may be made (who need not be the person who issued the fixed penalty notice), j prescribing the period of time within which a fixed penalty may be paid (in this section, the “payment period”), k about the circumstances in which a person to whom a fixed penalty notice is issued may decline the notice or otherwise object to or challenge it (including the period within which the person may do so), l about the effects of failing to decline or otherwise object to or challenge a fixed penalty notice before the end of the period prescribed for doing so (including that such failure is deemed to be acceptance of the notice), m conferring on the person who issued the fixed penalty notice or the person to whom payment may be made the power to extend the payment period in any particular case if the person considers it appropriate to do so, n about the methods by which fixed penalties may be paid, o for the amount of a fixed penalty to be discounted or increased by an amount or percentage in circumstances prescribed by the regulations (but not so as to make the amount payable more than level 5 on the standard scale), p prescribing the effect of paying a fixed penalty within the payment period (for example, that no proceedings may be brought in respect of the offence to which the fixed penalty notice relates), q about the consequences of not paying a fixed penalty within the payment period (including how liability to pay the penalty may be enforced), r for additional procedure relating to fixed penalty notices (for example to make provision for hearings or appeals), s for the destination of funds, the keeping of accounts and the preparation and publication of statements of account relating to fixed penalties provided for under the regulations, t creating offences relating to— i obstruction of a person who is exercising functions in relation to fixed penalty notices, ii a failure to provide information requested in connection with a fixed penalty notice. 5 The maximum penalty that may be provided for in regulations under subsection (1) creating an offence is, on summary conviction, a fine not exceeding level 5 on the standard scale. 6 A fixed penalty notice provided for in regulations under subsection (1) must— a identify the offence to which it relates, and b specify reasonable particulars of the circumstances alleged to constitute the offence. 7 A fixed penalty notice provided for in regulations under subsection (1) must also state— a the date on which the fixed penalty notice is issued, b the amount of the fixed penalty, c the person to whom payment may be made and the person's address, d the payment period, e the method by which payment may be made, f the effect of paying the fixed penalty within the payment period and the consequences of not paying the fixed penalty within that period, g details of any procedure for challenging or appealing the fixed penalty notice. 8 Regulations under subsection (1) may modify any enactment (including this Act). 9 In this section, “ fixed penalty notice ” means a notice specifying a sum of money that may or must be paid as an alternative to prosecution for an offence. . Protecting police dogs etc. from unnecessary suffering Harming a service animal 3 In section 19 (unnecessary suffering) of the 2006 Act, after subsection (4) insert— 4A In determining for the purposes of subsection (1) whether suffering is unnecessary in a case where it was caused by conduct for a purpose mentioned in subsection (4)(c)(ii), the fact that the conduct was for that purpose is to be disregarded if— a the animal was under the control of a relevant officer at the time of the conduct, b it was being used by that officer at that time, in the course of the officer's duties, in a way that was reasonable in all the circumstances, and c that officer is not the person accused of committing the offence under subsection (1). 4B In subsection (4A), “ relevant officer ” means— a a constable, b a special constable within the meaning of section 9 of the Police and Fire Reform (Scotland) Act 2012, c a person (other than a constable or a special constable) who has the powers of a constable or is otherwise employed or engaged to carry out, or assist in the carrying out of, police functions (within the meaning of section 99(1) of that Act), d a prisoner custody officer within the meaning of section 114 of the Criminal Justice and Public Order Act 1994. 4C The Scottish Ministers may by regulations modify subsection (4B) to— a add to the categories of person specified in subsection (4B) other categories of person in the public service of the Crown, b vary any category of person for the time being specified in subsection (4B), c remove any category of person for the time being so specified.”. . Animal welfare offences: disqualification orders Disqualification orders 4 1 The 2006 Act is amended as follows. 2 In section 40 (disqualification orders)— a in subsection (1), for “may” substitute “ must consider whether it is necessary, to protect animal welfare, to ” , b for subsection (5) substitute— 5 The court must state its reasons— a for deciding to make or, as the case may be, not make a disqualification order, b where it decides to make such an order— i for including in the order the particular disqualifications imposed by it, ii for specifying, under subsection (9)(a), the period for which the order is to have effect, and iii for specifying, under subsection (9)(b), a period within which no application under section 42(1) may be made. . 3 In section 42 (termination or variation of disqualification orders), after subsection (5) insert— 6 The court must state its reasons— a for granting or, as the case may be, refusing the application under subsection (1), b where it grants the application in whole or in part, for varying or, as the case may be, terminating the disqualification order. . 4 After that section insert— Disqualification orders: record of reasons 42A The Scottish Courts and Tribunals Service must establish and maintain a record of reasons relating to disqualification orders stated by the court under sections 40(5) and 42(6). . Disqualification orders: further provision 5 1 The 2006 Act is amended as follows. 2 In section 40 (disqualification orders) — a after subsection (1) insert— 1A The purpose of a disqualification order is for the future protection of animals and not in substitution for a penalty for a relevant offence. , b in subsection (6), the words “, or instead of,” are repealed. Animal health offences: penalties Fixed penalty notices for offences relating to animal health 6 In the Animal Health Act 1981, after section 76 insert— Fixed penalty notices 76A 1 The Scottish Ministers may by regulations make provision for or in connection with the issuing of fixed penalty notices in relation to certain offences. 2 The offences in relation to which fixed penalty notices may be issued must be specified in or by virtue of regulations under subsection (1). 3 The offences which may be specified are offences— a under— i this Act, ii orders or regulations made under this Act (whether made before, on or after the coming into force of this section), iii the Bees Act 1980, iv orders made under the Bees Act 1980 (whether made before, on or after the coming into force of this section), or v another enactment (whether made or, as the case may be, passed before, on or after the coming into force of this section) which the Scottish Ministers consider relates to animal health, and b in relation to which the maximum penalty on conviction does not exceed imprisonment for a term of 6 months or a fine of level 5 on the standard scale (or both). 4 Regulations under subsection (1) may in particular include provision— a subject to subsections (6) and (7), prescribing the form of a fixed penalty notice, b prescribing the persons or categories of persons who are authorised to issue fixed penalty notices, c conferring on the Scottish Ministers the power to authorise a person to issue fixed penalty notices, d conferring powers to enter premises (other than dwelling-houses) in connection with the issuing of fixed penalty notices, e about the circumstances in which fixed penalty notices may be issued (including the test which must be satisfied before a person authorised to issue such notices may do so), f about the circumstances in which fixed penalty notices may not be issued, g about the circumstances in which fixed penalty notices may be withdrawn (including the effects of such withdrawal), h prescribing the amount of the fixed penalty which is to apply to an offence, being not more than level 5 on the standard scale, i prescribing the person to whom payment may be made (who need not be the person who issued the fixed penalty notice), j prescribing the period of time within which a fixed penalty may be paid (in this section, the “payment period”), k about the circumstances in which a person to whom a fixed penalty notice is issued may decline the notice or otherwise object to or challenge it (including the period within which the person may do so), l about the effects of failing to decline or otherwise object to or challenge a fixed penalty notice before the end of the period prescribed for doing so (including that such failure is deemed to be acceptance of the notice), m conferring on the person who issued the fixed penalty notice or the person to whom payment may be made the power to extend the payment period in any particular case if the person considers it appropriate to do so, n about the methods by which fixed penalties may be paid, o for the amount of a fixed penalty to be discounted or increased by an amount or percentage in circumstances prescribed by the regulations (but not so as to make the amount payable more than level 5 on the standard scale), p prescribing the effect of paying a fixed penalty within the payment period (for example, that no proceedings may be brought in respect of the offence to which the fixed penalty notice relates), q about the consequences of not paying a fixed penalty within the payment period (including how liability to pay the penalty may be enforced), r for additional procedure relating to fixed penalty notices (for example to make provision for hearings or appeals), s for the destination of funds, the keeping of accounts and the preparation and publication of statements of account relating to fixed penalties provided for under the regulations, t creating offences relating to— i obstruction of a person who is exercising functions in relation to fixed penalty notices, ii a failure to provide information requested in connection with a fixed penalty notice. 5 The maximum penalty that may be provided for in regulations under subsection (1) creating an offence is, on summary conviction, a fine not exceeding level 5 on the standard scale. 6 A fixed penalty notice provided for in regulations under subsection (1) must— a identify the offence to which it relates, and b specify reasonable particulars of the circumstances alleged to constitute the offence. 7 A fixed penalty notice provided for in regulations under subsection (1) must also state— a the date on which the fixed penalty notice is issued, b the amount of the fixed penalty, c the person to whom payment may be made and the person's address, d the payment period, e the method by which payment may be made, f the effect of paying the fixed penalty within the payment period and the consequences of not paying the fixed penalty within that period, g details of any procedure for challenging or appealing the fixed penalty notice. 8 In this section— “ animal ” includes bees in any stage of their life cycle, “ enactment ” includes an Act of the Scottish Parliament and an instrument under such an Act, “ fixed penalty notice ” means a notice specifying a sum of money that may or must be paid as an alternative to prosecution for an offence. 9 Regulations under this section— a are subject to the affirmative procedure, b may make— i incidental, supplementary, consequential, transitional, transitory or saving provision, ii different provision for different purposes, c may modify any enactment (including this Act). . Wildlife offences: penalties Wildlife and Countryside Act 1981: penalties for offences 7 1 The Wildlife and Countryside Act 1981 is amended as follows. 2 In section 15A (possession of pesticides), in subsection (2)— a “or” immediately after paragraph (a) is repealed, b after that paragraph insert— aa Regulation (EC) 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market, as amended, extended or applied from time to time, , c at the end of paragraph (b) insert “ of 22 May 2012 concerning the making available on the market and use of biocidal products, as amended, extended or applied from time to time. ” . 3 In section 18A (vicarious liability for certain offences by employee or agent), in subsection (6)(a)— a “or” immediately after sub-paragraph (ii) is repealed, b after that sub-paragraph insert— iia section 11(1)(a) or (aa), (2)(a) or (b)(ii); or . 4 In section 20(2) (summary prosecutions), for “Summary proceedings for an offence under this Part” substitute “ Proceedings for an offence under this Part which is triable only summarily ” . 5 The section title of section 20 becomes “ Proceedings for summary offences ” . 6 In section 21 (penalties)— a for subsections (1), (1A) and (1B) substitute— 1 Subject to subsection (5), a person guilty of an offence under a provision mentioned in subsection (1A) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 1A The provisions referred to in subsection (1) are— a section 5(1)(e) and (f) (in relation to an act made unlawful by section 5(1)(e)), b section 6(2) and (2A) (in relation to an act made unlawful by section 6(2)(a)), c section 7 (other than section 7(1) and (5A) (in relation to an act made unlawful by section 7(1))), d section 9(5)(b), e section 11A, f section 11C, g section 11E, h section 13, i section 14B, j section 17, k section 19ZC (other than an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by section 19ZC(3)(d)), l section 19ZD. 1B Subject to subsection (5), a person guilty of an offence under a provision mentioned in subsection (1C) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both). 1C The provisions referred to in subsection (1B) are— a section 6(3), b section 7(1) and (5A) (in relation to an act made unlawful by section 7(1)), c section 8, d section 9(2), (4A), (5)(a) and (5A) (in relation to an act made unlawful by section 9(2), (4A) or (5)(a)), e section 11B, f section 11G, g section 11I. , b subsections (4), (4ZZA) and (4ZA) are repealed, c after subsection (4A) insert— 4B A person guilty of an offence under a provision mentioned in subsection (4C) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), b on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). 4C The provisions referred to in subsection (4B) are— a section 14ZC, b section 14A, c section 14AA, d section 14K. 4D A person guilty of an offence under a provision mentioned in subsection (4E) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). 4E The provisions referred to in subsection (4D) are— a section 1, b section 5(1)(a) to (d) and (f) (in relation to an act made unlawful by section 5(1)(a) to (d)), c section 6(1) and (2A) (in relation to an act made unlawful by section 6(1)(a)), d section 9(1), (4) and (5A) (in relation to an act made unlawful by section 9(1) or (4)), e section 10A, f section 11, g section 14, h section 15A. , d in subsection (5)— i after “(1),” insert “ or (1B) ” , ii for “that subsection” substitute “ the subsection in question ” . Protection of Badgers Act 1992: penalties for offences 8 1 The Protection of Badgers Act 1992 is amended as follows. 2 In section 12 (penalties)— a in subsection (1)— i for “six” substitute “ twelve ” , ii for “level 5 on the standard scale” substitute “ £40,000 ” , iii for “that level” substitute “ level 5 on the standard scale ” , b in subsection (1ZA), paragraph (b) (together with “and” immediately preceding it) are repealed, c in subsection (1B)— i for paragraph (a) substitute— a section 1(3) and (6) (in relation to an act made unlawful by section 1(3)), , ii paragraphs (b) and (c) are repealed, d after subsection (1B) insert— 1C A person guilty of an offence under a provision mentioned in subsection (1D) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 or both, b on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or both. 1D The provisions referred to in subsection (1C) are— a section 1(1) and (6) (in relation to an act made unlawful by section 1(1)), b section 2(1)(a) to (c) and (3) (in relation to an act made unlawful by section 2(1)(a) to (c)), c section 3. , e in subsection (2), for “or (1A)(a)” substitute “ , (1A)(a) or (1C)(a) ” . 3 In section 12A (time limit for bringing summary proceedings)— a in subsection (1), for “any of sections 1 to 5 or 10(8) of this Act” substitute “ a provision mentioned in subsection (1A) ” , b after that subsection insert— 1A The provisions referred to in subsection (1) are— a section 1(3), (5) and (6) (in relation to an act made unlawful by section 1(3)), b section 2(1)(d) and (3) (in relation to an act made unlawful by section 2(1)(d)), c section 3, d section 4, e section 5, f section 10(8). . Conservation (Natural Habitats, etc.) Regulations 1994: penalties for offences 9 1 The Conservation (Natural Habitats, etc.) Regulations 1994 (SI 1994/2716) are amended as follows. 2 In regulation 39 (protection of certain wild animals), for paragraph (12) substitute— 12 A person guilty of an offence under this regulation is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). . 3 In regulation 41 (prohibition of certain methods of taking or killing wild animals), for paragraph (6) substitute— 6 A person guilty of an offence under this regulation is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). . 4 In regulation 102 (proceedings for offences: venue, time limits), in paragraph (2), after first “offence” insert “ (other than for an offence under regulation 39 or 41) ” . Deer (Scotland) Act 1996: penalties for offences 10 In schedule 3 (penalties) of the Deer (Scotland) Act 1996— a in the entry relating to section 17(3)— i in column 3(a), for “a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both” substitute “ a fine of £40,000 for each deer in respect of which the offence is committed or 12 months imprisonment or both ” , ii in column 3(b) insert “ a fine or imprisonment for a term of 5 years or both ” , b in the entry relating to section 21(3) and (5)— i in column 1, “, (5)” is repealed, ii in column 2, for “Offences relating to firearms and ammunition” substitute “ Breach of firearms order ” , c after the entry relating to section 21(3), insert— 21(5) Firearms and ammunition: wilfully injuring deer a fine of £40,000 for each deer in respect of which the offence is committed or 12 months imprisonment or both a fine or imprisonment for a term of 5 years or both , d in the entry relating to section 22— i in column 3(a), for “a fine of the statutory maximum in respect of each deer killed, taken or injured or 6 months imprisonment or both” substitute “ a fine of £40,000 in respect of each deer killed, taken or injured or 12 months imprisonment or both ” , ii in column 3(b), for “not exceeding 2” substitute “ of 5 ” . Wild Mammals (Protection) Act 1996: penalties for offences 11 In section 5 (penalties) of the Wild Mammals (Protection) Act 1996, for subsection (1) substitute— 1 A person guilty of an offence under this Act is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). . Protection of Wild Mammals (Scotland) Act 2002: penalties for offences 12 1 The Protection of Wild Mammals (Scotland) Act 2002 is amended as follows. 2 After section 7 insert— Time limit for summary proceedings 7A 1 Proceedings for an offence under section 1(2) or 1(3) may be brought within the period of 6 months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor's knowledge. 2 But no such proceedings may be brought more than 3 years— a after the commission of the offence, or b in the case of an offence involving a continuous contravention, after the last date on which the offence was committed. 3 A certificate signed by or on behalf of the prosecutor which states the date on which evidence referred to in subsection (1) came to the prosecutor's knowledge is conclusive evidence of that fact, and such a certificate which purports to be so signed is to be treated as being so signed unless the contrary is proved. . 3 In section 8 (proceedings and penalties), for subsection (1) substitute— 1 A person guilty of an offence under section 1(1) is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). 1A A person guilty of an offence under section 1(2) or (3) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both). . Fixed penalty notices for certain wildlife offences 13 1 The Scottish Ministers may by regulations make provision for or in connection with the issuing of fixed penalty notices in relation to certain offences relating to wildlife. 2 The offences in relation to which fixed penalty notices may be issued must be specified in or by virtue of regulations under subsection (1). 3 The offences which may be specified are offences— a under— i Part 1 of the Wildlife and Countryside Act 1981, ii the Protection of Badgers Act 1992, iii the Deer (Scotland) Act 1996, or iv another enactment (whether made or, as the case may be, passed before, on or after the coming into force of this section) which the Scottish Ministers consider relates to wildlife, and b in relation to which the maximum penalty on conviction does not exceed imprisonment for a term of 6 months or a fine of level 5 on the standard scale (or both). 4 Regulations made under subsection (1) may in particular include provision— a subject to subsections (6) and (7), prescribing the form of a fixed penalty notice, b prescribing the persons or categories of persons who are authorised to issue fixed penalty notices, c conferring on the Scottish Ministers the power to authorise a person to issue fixed penalty notices, d conferring powers to enter premises (other than dwelling-houses) in connection with the issuing of fixed penalty notices, e about the circumstances in which fixed penalty notices may be issued (including the test which must be satisfied before a person authorised to issue such notice may do so), f about the circumstances in which fixed penalty notices may not be issued, g about the circumstances in which fixed penalty notices may be withdrawn (including the effects of such withdrawal), h prescribing the amount of the fixed penalty which is to apply to an offence, being not more than level 5 on the standard scale, i prescribing the person to whom payment may be made (who need not be the person who issued the fixed penalty notice), j prescribing the period of time within which a fixed penalty may be paid (in this section, the “payment period”), k about the circumstances in which a person to whom a fixed penalty notice is issued may decline the notice or otherwise object to or challenge it (including the period within which the person may do so), l about the effects of failing to decline or otherwise object to or challenge a fixed penalty notice before the end of the period prescribed for doing so (including that such failure is deemed to be acceptance of the notice), m conferring on the person who issued the fixed penalty notice or the person to whom payment may be made the power to extend the payment period in any particular case if the person considers it appropriate to do so, n about the methods by which fixed penalties may be paid, o for the amount of a fixed penalty to be discounted or increased by an amount or percentage in circumstances prescribed by the regulations (but not so as to make the amount payable more than level 5 on the standard scale), p prescribing the effect of paying a fixed penalty within the payment period (for example, that no proceedings may be brought in respect of the offence to which the fixed penalty notice relates), q about the consequences of not paying a fixed penalty within the payment period (including how liability to pay the penalty may be enforced), r for additional procedure relating to fixed penalty notices (for example, to make provision for hearings or appeals), s for the destination of funds, the keeping of accounts and the preparation and publication of statements of account relating to fixed penalties provided for under the regulations, t disapplying Part 4 of the Aquaculture and Fisheries (Scotland) Act 2007 where and to the extent that the regulations provide for fixed penalty notices in relation to a relevant offence (within the meaning of section 25(2) of that Act), u creating offences relating to— i obstruction of a person who is exercising functions in relation to fixed penalty notices, ii a failure to provide information requested in connection with a fixed penalty notice. 5 The maximum penalty that may be provided for in regulations under subsection (1) creating an offence is, on summary conviction, a fine not exceeding level 5 on the standard scale. 6 A fixed penalty notice provided for in regulations under subsection (1) must— a identify the offence to which it relates, and b specify reasonable particulars of the circumstances alleged to constitute the offence. 7 A fixed penalty notice provided for in regulations under subsection (1) must also state— a the date on which the fixed penalty notice is issued, b the amount of the fixed penalty, c the person to whom payment may be made and the person's address, d the payment period, e the method by which payment may be made, f the effect of paying the fixed penalty within the payment period and the consequences of not paying the fixed penalty within that period, g details of any procedure for challenging or appealing the fixed penalty notice. 8 In this section, “ fixed penalty notice ” means a notice specifying a sum of money that may or must be paid as an alternative to prosecution for an offence. 9 Regulations under this section— a are subject to the affirmative procedure, b may make— i incidental, supplementary, consequential, transitional, transitory or saving provision, ii different provision for different purposes, c may modify any enactment. Conservation of seals Killing, injuring or taking seals: offences, penalties etc. 14 1 The Marine (Scotland) Act 2010 is amended as follows. 2 In section 110 (seal licences)— a in subsection (1), paragraphs (f) and (g) are repealed, b subsections (2) and (3) are repealed. 3 Section 121 (power to enter land to protect fisheries or fish farms from seals) is repealed. 4 In section 122(1) (duty to notify occupier), the words “or 121(2)(a)” are repealed. 5 In section 123 (duty to produce authority), the words “or 121” are repealed. 6 In section 124 (obstructing an authorised person), the words “or 121” are repealed. 7 In section 128 (penalties)— a before subsection (1) insert— A1 A person guilty of an offence under section 107 is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). , b in subsection (1), the words “107 or” are repealed. Acoustic deterrent devices: requirement to report Acoustic deterrent devices: requirement to report 15 1 The Scottish Ministers must, as soon as practicable and no later than 1 March 2021, lay a report before the Scottish Parliament on the use of acoustic deterrent devices on land constituting a fish farm. 2 A report under subsection (1) must include— a information on the use made of acoustic deterrent devices on Scottish fish farms, b any known impacts that the use of acoustic deterrent devices has on marine mammals, c consideration of whether the use of acoustic deterrent devices on Scottish fish farms is sufficiently monitored, d consideration of whether existing provision on protection of animals and wildlife in relation to the use of acoustic deterrent devices on Scottish fish farms is sufficient, and e any future plans for regulation of the use of acoustic deterrent devices. Review of requirements for additional animal welfare, animal health and wildlife offences Review of requirements for additional animal welfare, animal health and wildlife offences 16 1 The Scottish Ministers must conduct a review of whether the provisions of this Act are sufficient to ensure appropriate standards of animal welfare, animal health and protection of wildlife. 2 Without prejudice to the generality of subsection (1), the review must in particular consider whether provision should be made— a for a specific offence of theft of a pet, b to prohibit the attaching, or causing or permitting the attaching, to a dog or other animal of a collar or other wearable device designed to administer an electric shock, c about the appropriate penalties to be available for any such offences. 3 The review must be completed as soon as practicable and no later than 1 April 2025. 4 On completing the review, the Scottish Ministers must— a lay a report on the review before the Scottish Parliament, b publish the report in such manner as they consider appropriate. 5 The report under subsection (4) must include a statement of— a the action, if any, the Scottish Ministers intend to take as a result of the review, b where the Scottish Ministers do not intend to take steps to make provision for the matters in paragraphs (a) and (b) of subsection (2), their reasons for this. Information sharing report Information sharing report 17 1 Before the end of the period of 5 years beginning with the day after this section comes into force, the Scottish Ministers must publish and lay before the Scottish Parliament a report setting out— a an assessment of the steps that have been taken to ensure information sharing in relation to persons to whom subsection (3) applies, and b the steps the Scottish Ministers are taking to further progress such information sharing. 2 A report under subsection (1) may include such other information as the Scottish Ministers consider appropriate. 3 This subsection applies to a person who has, in relation to an offence listed in subsection (4), been— a issued with a fixed penalty notice, or b convicted and whose sentence includes— i a fine, ii a period of imprisonment, iii a disqualification order (within the meaning given in section 40 of the 2006 Act), or iv a community payback order (within the meaning given in section 227A of the Criminal Justice and Licensing (Scotland) Act 2010). 4 The offences and convictions are offences and convictions under— a the Animal Health Act 1981, b the Wildlife and Countryside Act 1981, c the Protection of Badgers Act 1992, d the Conservation (Natural Habitats, etc.) Regulations 1994, e the Deer (Scotland) Act 1996, f the Wild Mammals (Protection) Act 1996, g the Protection of Wild Mammals (Scotland) Act 2002, h the 2006 Act, i the Hunting with Dogs (Scotland) Act 2023. 5 In preparing the report, the Scottish Ministers may consult such persons as they consider appropriate. Protection of certain wild animals Protection of certain wild animals 18 1 The Wildlife and Countryside Act 1981 is amended as follows. 2 In section 10A (protection of wild hares etc.), in subsection (2), paragraph (a) is repealed. 3 In schedule 5— a after the entry in the first column for “Grasshopper, Wart-biter” insert— Hare, mountain , b at the corresponding place in the second column insert— Lepus timidus . 4 In schedule 5A— a in the first column, the entry for “Hare, mountain” is repealed, b in the second column, the entry for “Lepus timidus” is repealed. CHAPTER 2 Animal welfare: powers in relation to animals taken into possession Taking possession of animals: additional powers 19 In the 2006 Act, after section 32 insert— Powers of authorised person where animal taken into possession 32A 1 Where a protected animal has been taken into possession under section 32, an authorised person may— a without the consent of the owner of the animal or of any other person who is responsible for it, and b without having applied for or obtained an order under section 34, take any of the steps mentioned in subsection (2) (in this section and in sections 32B to 32M, “relevant steps”). 2 The relevant steps are— a administering treatment to the animal, b transferring ownership of the animal to another person, c destroying the animal. 3 Subject to subsection (4), in deciding to take a relevant step, the authorised person must have regard to the desirability of— a protecting the long-term welfare of the animal so far as it is reasonable to do so, b where the relevant step is administering treatment to the animal, protecting the value of the animal, c avoiding increasing any expenses which a person may be required to reimburse. 4 An authorised person may decide to destroy the animal under subsection (1) only if a veterinary surgeon certifies that destruction of the animal is appropriate. 5 An authorised person may take a relevant step only if— a a notice has been served in accordance with sections 32B and 32C, and b either— i the time period specified in section 32D(3) has expired without an appeal being made to the court under section 32D, or ii such an appeal having been made, subsection (6) applies. 6 This subsection applies where— a the court has made an order under section 32D(6)(a) or (c) permitting the relevant step to be taken, or b the appeal has been determined without any order being made which prevents the relevant step being taken. 7 Subsection (5) is subject to section 32E(6). 8 If a relevant step may be taken under this section, the authorised person has all of the rights and powers an owner of the animal would have in relation to the taking of that step. 9 This section is without prejudice to— a the powers of inspectors and constables under sections 32 and 35, b any other power or authority of an authorised person to take any relevant step or other action in relation to the animal. 10 In this section and in sections 32B to 32M— “ authorised person ” means— an inspector or a constable who is caring for, or has arranged for the care of, the animal taken into possession under section 32, any other person— with whom an arrangement for the care of the animal has been made under section 32, and who is authorised by the Scottish Ministers to exercise the power to take relevant steps under this section, references to the “ taking ” of relevant steps include references to arranging for those steps to be taken (and cognate expressions are to be construed accordingly), “ treatment ” means any treatment or procedure which has as its purpose— the prevention, reduction or alleviation of a protected animal's illness, disease, pain or discomfort, the better management of the animal, the health, safety or well-being of any other animal or person. Decision notice for exercise of powers under section 32A: content 32B 1 Before taking a relevant step under section 32A(1), an authorised person must serve a notice (in this section and in sections 32C to 32M, a “decision notice”) specifying— a a description of the protected animal, b the date on which the animal was taken into possession under section 32, c the relevant step that the authorised person intends to take in relation to the animal, d the reason for taking that step (including, if the step is to destroy the animal, confirmation that a certificate has been obtained from a veterinary surgeon in accordance with section 32A(4)), e how any compensation will be assessed and the process by which it may become payable in accordance with sections 32G to 32K if the step is taken, f the effect of section 32L, g how service of the decision notice affects rights to apply for court orders under sections 33 and 34, h the procedure for appealing to the court in respect of the decision notice and the period within which such an appeal may be made. 2 A decision notice which specifies a relevant step mentioned in section 32A(2)(b) need not include any details of the proposed transfer of ownership of the animal other than the fact that such a transfer is proposed. 3 The authorised person may choose to include in the decision notice the market value of the animal at the time the animal was taken into possession under section 32. 4 But see sections 32E(5) and 32F(5) which make further provision for when a decision notice may and may not be served. Decision notice: service 32C 1 Before serving a decision notice, an authorised person must— a make reasonable enquiries to establish the identity of the owner of the protected animal, or b be satisfied that such reasonable enquiries have been made by another person. 2 A decision notice must be served on the owner of the animal by— a leaving it at the owner's home or business address, or b sending it to such an address by— i a registered post service (as defined in section 125(1) of the Postal Services Act 2000), or ii a postal service which provides for the delivery of the document to be recorded. 3 A single decision notice may be served in respect of two or more animals where— a those animals were taken into possession under section 32 under the same exercise of the power conferred by that section, and b in the opinion of the authorised person, the animals have the same owner. 4 The date of service of a decision notice is the date on which it was served under subsection (2). 5 Evidence that a decision notice has been sent in accordance with subsection (2)(b)(i) or (ii) is sufficient evidence of service of it. Appeal to the court in respect of decision notice 32D 1 A person mentioned in subsection (2) may appeal to the court for an order in respect of a decision notice. 2 The person is— a the owner of the protected animal to which the decision notice relates, b any other person appearing to the court to have a sufficient concern for the animal. 3 An appeal to the court under this section may only be made before the expiry of the period of 3 weeks beginning with the date of service of the decision notice. 4 A person is entitled to be heard in relation to an appeal under subsection (1) if (despite not being the appellant) the person is— a a person mentioned in subsection (2), b an authorised person, c an inspector (if not an authorised person), d a constable who took the animal into possession under section 32 (if not an authorised person). 5 The grounds on which an appeal to the court may be made under this section are that the decision to serve a decision notice or to specify any relevant step in it— a is materially affected by an error of fact, b is wrong in law, c is unreasonable. 6 The court may— a make an order permitting the relevant step specified in the decision notice to be taken, b make an order that the relevant step specified in the decision notice must not be taken, c make an order varying the decision notice to permit a different relevant step to be taken in relation to the animal (including by varying a relevant step specified in the notice or by substituting for it another relevant step), d make an order which would be available to the court on a valid application to it under subsection (1) of section 33 on the same terms as set out in that section, e dispose of the proceedings in any other way it thinks fit. 7 An order under subsection (6) may include— a provision appointing a person who is to secure that the order is carried out, b such other provision as the court considers appropriate in connection with the order. 8 The decision of the court on an appeal under this section is final. 9 If the court makes an order under subsection (6)(b), an authorised person may, subject to following the procedure in sections 32A to 32C, decide to take a different relevant step in relation to the animal. 10 In this section, “ court ” means the sheriff. Effect of decision notice on applications under section 33 32E 1 Subsections (2) to (4) and (6) set out how section 33 operates where a decision notice has been served specifying a relevant step mentioned in section 32A(2)(b) or (c) in respect of a protected animal (whether or not a step mentioned in section 32A(2)(a) is also specified). 2 An application to the court for an order under section 33 in respect of the animal— a may be made before the expiry of the period of 3 weeks beginning with the date of service of the decision notice, b may not then be made unless and until one of the circumstances mentioned in subsection (3) occurs. 3 Those circumstances are— a the court makes an order under section 32D(6) which— i results in no relevant step being permitted (other than a step mentioned in section 32A(2)(a)), and ii does not result in the animal being returned to its owner or its ownership being transferred to another person, b the relevant step specified in the decision notice is not taken within 1 year beginning with the date mentioned in subsection (4), c an authorised person advises the owner in writing that the relevant step specified in the decision notice will not be taken. 4 The date referred to in subsection (3)(b) is— a the date on which the decision notice was served, provided that— i no application under section 33 is made in accordance with subsection (2)(a), and ii no appeal under section 32D is made in accordance with section 32D(3), b where an application under section 33 made in accordance with subsection (2)(a) is rejected by the court, the date it is so rejected, provided no appeal is made, c where a decision mentioned at paragraph (b) is appealed, the date on which the appeal is rejected, d where an appeal under section 32D is made in accordance with section 32D(3) and the court makes an order under section 32D(6)(a) or (c) which results in a step mentioned in section 32A(2)(b) or (c) being permitted, the date of that order, or e where such an appeal is determined without any order being made which prevents a relevant step (other than a step mentioned in section 32A(2)(a)) being taken, the date of that determination. 5 If an application is made to the court under section 33 before a decision notice has been served— a an authorised person may not serve such a notice in respect of the animal to which the application relates until the proceedings under section 33 are finally disposed of or abandoned, and b if such a notice is served, it is of no effect. 6 If an application is made to the court under section 33 in accordance with subsection (2), an authorised person may not take the relevant step specified in the decision notice in respect of the animal until the proceedings under section 33 are finally disposed of or abandoned. Effect of decision notice on applications under section 34 32F 1 Subsections (2) to (4) set out how section 34 operates where a decision notice has been served specifying a relevant step mentioned in section 32A(2)(b) or (c) in respect of a protected animal (whether or not a step mentioned in section 32A(2)(a) is also specified). 2 An application to the court for an order under section 34 in respect of the animal may not be made unless and until one of the circumstances mentioned in subsection (3) occurs. 3 Those circumstances are— a the court makes an order under section 32D(6) which— i results in no relevant step being permitted (other than a step mentioned in section 32A(2)(a)), and ii does not result in the animal being returned to its owner or its ownership being transferred to another person, b the relevant step specified in the decision notice is not taken within 1 year beginning with the date mentioned in subsection (4), c an authorised person advises the owner in writing that the relevant step specified in the decision notice will not be taken. 4 The date referred to in subsection (3)(b) is— a the date on which the decision notice was served, provided that— i no application under section 33 is made in accordance with section 32E(2)(a), and ii no appeal under section 32D is made in accordance with section 32D(3), b where an application under section 33 made in accordance with section 32E(2)(a) is rejected by the court, the date it is so rejected, provided that no appeal is made, c where a decision mentioned at paragraph (b) is appealed, the date on which the appeal is rejected, d where an appeal under section 32D is made in accordance with section 32D(3) and the court makes an order under section 32D(6)(a) or (c) which results in a step mentioned in section 32A(2)(b) or (c) being permitted, the date of that order, or e where such an appeal is determined without any order being made which prevents a relevant step (other than a step mentioned in section 32A(2)(a)) being taken, the date of that determination. 5 If an application is made to the court under section 34 before a decision notice has been served— a an authorised person may not serve such a notice in respect of the animal to which the application relates until the proceedings under section 34 are finally disposed of or abandoned, and b if such a notice is served, it is of no effect. Compensation notice for exercise of powers under section 32A 32G 1 If a relevant step specified in a decision notice is taken in relation to a protected animal, an authorised person must serve a notice (in this section and in sections 32H to 32M, a “compensation notice”) specifying— a a description of the animal, b which relevant step has been taken, c the date on which the relevant step was taken, d the compensation amount (if any) and how this has been calculated in accordance with section 32H, e the effect the existence or possibility of relevant criminal proceedings may have on the payment of the compensation amount, f the process for payment of any compensation amount, g whether the authorised person is electing to defer payment of the compensation amount under section 32K(3), h the procedure for appealing to the court in respect of the compensation amount under section 32J. 2 Before serving a compensation notice, an authorised person must— a make reasonable enquiries to establish the whereabouts of the relevant owner of the animal, or b be satisfied that such reasonable enquiries have been made by another person. 3 A compensation notice must be served on the relevant owner of the animal by— a leaving it at the relevant owner's home or business address, b sending it to such an address by— i a registered post service (as defined in section 125(1) of the Postal Services Act 2000), or ii sending it by a postal service which provides for the delivery of the document to be recorded, or c such other method as the court, on the application of the authorised person, determines. 4 Subject to subsection (5), the authorised person must serve a compensation notice on the relevant owner of the animal within 3 months of a relevant step specified in the decision notice being taken. 5 Where the decision notice specified more than one relevant step, the authorised person must serve a compensation notice on the relevant owner of the animal within 3 months of the earlier of— a the last relevant step being taken, b the expiry of the period of 1 year beginning with the date on which the first relevant step is taken. 6 Where subsection (5)(b) applies, the authorised person must serve a compensation notice in respect of any other relevant step specified in the decision notice within 3 months of it being taken. 7 A single compensation notice may be served in respect of two or more animals where— a a single decision notice was served in respect of those animals by virtue of section 32C(3), and b relevant steps have been taken by virtue of that notice in relation to all of those animals. 8 Evidence that a compensation notice has been sent in accordance with subsection (3)(b)(i) or (ii) is sufficient evidence of service of it. 9 In this section, “ court ” means the sheriff. 10 In this section and in sections 32H to 32L— “ relevant criminal proceedings ” means proceedings in respect of a relevant offence which arise from the circumstances which led to the protected animal being taken into possession under section 32, “ relevant offence ” means an offence under any of the following— sections 19 to 23, section 24 or 25(7), section 29, section 40(11), “ relevant owner ” means the person who was the owner of the animal at the time it was taken into possession under section 32. Compensation amount 32H 1 This section provides for the calculation of the compensation amount which is to be specified in the compensation notice. 2 Where the only relevant step specified in the decision notice is the step mentioned in section 32A(2)(a), the compensation amount is an amount equivalent to any decrease in the market value of the protected animal caused by the administration of the treatment, less any relevant expenses mentioned in subsection (4)(b). 3 Where the relevant step specified in the decision notice is the step mentioned in section 32A(2)(b) or (c), or the step mentioned in section 32A(2)(a) along with another relevant step, the compensation amount is an amount equivalent to the greater of— a the market value of the animal at the time it was taken into possession under section 32, b the market value of the animal at the time immediately before the last relevant step specified in the compensation notice was taken, and c any proceeds of sale of the animal, less the amounts mentioned in subsection (4). 4 The amounts referred to in subsections (2) and (3) are— a any compensation amount which has been the subject of a previous compensation notice in respect of that animal, and b any relevant expenses to the extent they have not been— i reimbursed by or on behalf of the relevant owner, or ii deducted from any amount in accordance with subsection (2) or (3) in relation to a previous compensation notice in respect of that animal. 5 In this section and in sections 32I and 32L, “ relevant expenses ” means— a any expenses reasonably incurred in relation to the animal after it was taken into possession under section 32, b the reasonable costs of taking the relevant step specified in the compensation notice, and c the reasonable costs of taking a relevant step specified in a previous compensation notice in respect of the animal, to the extent that they have been incurred by or on behalf of an authorised person or, where the authorised person is an individual, the authorised person's employer. Application of proceeds of sale 32I 1 This section applies where— a a relevant step specified in the decision notice is the step mentioned in section 32A(2)(b), and b that step is taken. 2 Any proceeds of sale of the animal are to be applied by the authorised person in the following order— a to meeting any liability of the relevant owner to reimburse any relevant expenses, b to meeting any liability of the authorised person to pay any compensation amount to the relevant owner. 3 The relevant owner's entitlement to the compensation amount is instead of any entitlement any owner has to any proceeds of sale of the animal. Appeal to court in respect of compensation amount 32J 1 The relevant owner of a protected animal may appeal to the court for an order in respect of the compensation amount. 2 Subject to subsection (3), an appeal to the court under this section may only be made before the expiry of the period of 3 months beginning with the date of service of the compensation notice (or, if more than one notice has been served by virtue of section 32G(5) or (6), the last of those notices). 3 Where the authorised person has deferred payment of the compensation amount under section 32K(3), an appeal to the court under this section may only be made within the period of 1 month beginning with the date determined in accordance with section 32K(4). 4 A person is entitled to be heard in relation to an appeal under subsection (1) if the person is— a an authorised person, b an inspector (if not an authorised person), c a constable who took the animal into possession under section 32 (if not an authorised person). 5 The court may— a order payment of the compensation amount specified in the compensation notice, b order payment of a different compensation amount, c order that no compensation be paid. 6 The decision of the court on an appeal under this section is final. 7 In this section, “ court ” means the sheriff. Payment of compensation amount 32K 1 Subject to any order of a convicting court under section 32L that the relevant owner's right to compensation is forfeited (in whole or in part), this section determines when the compensation amount becomes payable. 2 Unless the authorised person opts to defer payment of it under subsection (3), the compensation amount becomes payable to the relevant owner (determined in accordance with subsection (6)) when either— a the period within which an appeal to the court may be made under section 32J has expired without an appeal being made, or b such an appeal having been made, the court has made an order under section 32J(5)(a) or (b). 3 The authorised person may defer payment of the compensation amount where— a relevant criminal proceedings have been commenced against the relevant owner and have not been concluded, or b in the opinion of the authorised person, the relevant owner is at risk of having relevant criminal proceedings brought against them. 4 Where the authorised person has deferred payment of the compensation amount, the compensation amount becomes payable to the relevant owner (determined in accordance with subsection (6)) as follows— a where relevant criminal proceedings had been commenced before the compensation notice was served or such proceedings were commenced within the period of 1 year beginning with the date that notice was served, on the conclusion of those relevant criminal proceedings, b otherwise, on the expiry of the period of 1 year beginning with the date on which the compensation notice was served. 5 Once it has become payable, the compensation amount must be paid within 3 weeks of the relevant owner (determined in accordance with subsection (6)) providing details of the bank account to which payment may be made. 6 The person who is determined to be the relevant owner for the purposes of this section is— a in a case where no appeal has been made under section 32J and the authorised person is satisfied as to who the relevant owner is, that person, b otherwise, the person determined by the court to be the relevant owner— i on an appeal under section 32D in relation to the decision notice, ii on an appeal under section 32J in relation to the compensation amount, iii on an application under section 33 or 34, or iv on an application to the court for the purposes of this subsection. 7 Where the authorised person is unable to pay the compensation amount in accordance with subsection (5) (because the relevant owner has not provided the bank account details mentioned in that subsection or for some other reason), the authorised person may apply to the court for an order as to the disposal of the compensation amount. 8 In subsections (6)(b)(iv) and (7), “ court ” means the sheriff. Forfeiture of compensation 32L 1 Where— a a person is convicted of a relevant offence, and b that conviction arises out of relevant criminal proceedings, the convicting court may order that the person forfeits (in whole or in part) any right to compensation which would otherwise be due under this Part in respect of the protected animal to which the offence relates. 2 Where the court makes an order under subsection (1), any compensation amount payable under section 32K is adjusted accordingly. 3 An order under subsection (1) may include such other provision the court considers appropriate, including for the disposal of any proceeds of sale which would otherwise be applied under section 32I(2)(b) to meet the authorised person's liability to pay the compensation amount to the relevant owner. 4 The Scottish Ministers may by regulations make provision for or in connection with the disposal of any proceeds of sale under subsection (3). 5 Regulations under subsection (4) may modify any enactment (including this Act). Modification of powers over animals 32M 1 The Scottish Ministers may by regulations make provision— a about the content and service of decision notices and compensation notices, including, in particular, provision in relation to— i the matters which must be specified in a notice, ii the person on whom a notice must be served, iii the method by which service of a notice may be effected (including how service may be effected other than in accordance with section 32C(2) or 32G(3)), iv the date of service of a notice (including the evidence required to prove service has been effected), b about the calculation and payment of the compensation amount, including, in particular— i the person to whom the compensation amount may or must be paid, ii the timing and procedure for payment of the compensation amount (including deferral of payment), iii forfeiture of compensation, c about appeals in relation to decision notices and compensation notices under sections 32D and 32J, including, in particular— i the timing and procedure for an appeal, ii the orders which a court may make on an appeal. 2 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes. . Taking possession of animals: amendment of existing powers 20 In section 32 (taking possession of animals) of the 2006 Act— a in subsection (2), for “section 35 makes” substitute “ sections 32A and 35 make ” , b after subsection (6)(b) insert— c administer treatment (as defined in section 32A) to the animal, or arrange for treatment to be administered, but only where the treatment is, in the opinion of the inspector or constable, consistent with the long-term welfare of the animal and is unlikely to significantly— i reduce the value of the animal, or ii otherwise affect the character of the animal. . Disposal orders where animals taken: restriction of application 21 In section 34 (disposal orders where animals taken) of the 2006 Act— a in subsection (4), before “or” where it appears at the end of paragraph (d) insert— da an authorised person (as defined in section 32A) who does not fall within paragraphs (b) to (d), , b after that subsection insert— 4A A person mentioned in paragraphs (b) to (da) of subsection (4) may only make an application for an order under subsection (1) if a decision notice cannot be served under section 32C(2). , c in subsection (5)(a), after “(c)” insert “ , (da) ” . CHAPTER 3 General provision Commencement 22 1 The following sections come into force on the day after Royal Assent— a section 17, b this section, c section 23. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 23 The short title of this Act is the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020. S. 1 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. (with reg. 3 ) S. 2 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. S. 3 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. (with reg. 3 ) S. 6 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. S. 7 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. (with reg. 3 ) S. 8 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. (with reg. 3 ) S. 9 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. (with reg. 3 ) S. 10 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. (with reg. 3 ) S. 11 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. (with reg. 3 ) S. 12 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. (with reg. 3 ) S. 13 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. S. 14(1) (7) in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. (with reg. 3 ) S. 15 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. S. 16 in force at 30.11.2020 by S.S.I. 2020/379 , reg. 2(1) , sch. S. 14(2)-(6) in force at 1.2.2021 by S.S.I. 2020/379 , reg. 2(2) S. 18 in force at 1.3.2021 by S.S.I. 2021/42 , reg. 2 S. 4 in force at 30.9.2021 by S.S.I. 2021/303 , reg. 2(a) S. 5 in force at 30.9.2021 by S.S.I. 2021/303 , reg. 2(b) S. 19 in force at 30.9.2021 by S.S.I. 2021/303 , reg. 2(c) S. 20 in force at 30.9.2021 by S.S.I. 2021/303 , reg. 2(d) S. 21 in force at 30.9.2021 by S.S.I. 2021/303 , reg. 2(e) (with reg. 3 ) S. 17(4)(i) inserted (3.10.2023) by Hunting with Dogs (Scotland) Act 2023 (asp 1) , ss. 28(2) , 31(2) (with ss. 29 , 30 ); S.S.I. 2023/262 , reg. 2
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[uk-legislation-asp][asp] 2024-05-05 Scottish Elections (Reform) Act 2020
http://www.legislation.gov.uk/asp/2020/12/2021-09-29
http://www.legislation.gov.uk/asp/2020/12/2021-09-29 Scottish Elections (Reform) Act 2020 An Act of the Scottish Parliament to reform certain aspects of the law relating to Scottish parliamentary and local government elections, including length of terms; to make provision about the role of the Electoral Commission in relation to those elections; to confer functions on the Electoral Management Board for Scotland in relation to Scottish parliamentary elections; to rename and make provision about the Local Government Boundary Commission for Scotland; and for connected purposes. text text/xml en Statute Law Database 2021-12-07 Expert Participation 2021-09-29 Scottish Elections (Reform) Act 2020 2020 asp 12 An Act of the Scottish Parliament to reform certain aspects of the law relating to Scottish parliamentary and local government elections, including length of terms; to make provision about the role of the Electoral Commission in relation to those elections; to confer functions on the Electoral Management Board for Scotland in relation to Scottish parliamentary elections; to rename and make provision about the Local Government Boundary Commission for Scotland; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 3rd June 2020 and received Royal Assent on 8th July 2020 PART 1 General reforms Term lengths Dates of general elections to the Scottish Parliament 1 1 In the Scotland Act 1998— a in section 2 (ordinary general elections)— i subsection (1) is repealed, ii in subsection (2), for the words from the beginning to “fourth” substitute “ The day on which the poll at an ordinary general election for membership of the Parliament is to be held is the first Thursday in May in the fifth ” , b in the table in paragraph 1(2) of schedule 7 (procedure for subordinate legislation), the entry relating to section 2(1) is repealed. 2 Section 1 of the Scottish Elections (Dates) Act 2016 (date of general election for Scottish Parliament) is repealed. Dates of Scottish local government elections 2 1 In section 5 of the Local Government etc. (Scotland) Act 1994 (elections and term of office of councillors)— a subsections (1A) and (1B) are repealed, b in subsection (1C), for “fourth” substitute “ fifth ” . 2 In section 43 of the Representation of the People Act 1983 (day of ordinary local elections in Scotland etc.), in subsection (1C) for “5(1A) or (1B)” substitute “ 5(1C) ” . Scottish Parliament elections Postponement of general elections to the Scottish Parliament 3 1 The Scotland Act 1998 is amended as follows. 2 In section 2 (ordinary general elections)— a in subsection (5)(a), after “Parliament” insert “ (unless the Parliament is already dissolved) ” , b after subsection (5) insert— 5ZZA Before proposing a day for the holding of the poll under subsection (5), the Presiding Officer must consult the Electoral Commission. . 3 In section 3 (extraordinary general elections), after subsection (2) insert— 2A Subsection (2B) applies if a proclamation is made under subsection (2). 2B If the Presiding Officer proposes another day for the holding of the poll at the extraordinary general election which is not more than one month later than the day on which the poll is required to be held under the proclamation, Her Majesty may by further proclamation under the Scottish Seal— a require the poll at the election to be held instead on the day proposed under this subsection, and b require the Parliament to meet within the period of seven days beginning immediately after the day of the poll. 2C Before proposing a day for the holding of the poll under subsection (2B), the Presiding Officer must consult the Electoral Commission.”. . Scottish local government elections Electoral wards: number of councillors 4 1 Section 1 of the Local Governance (Scotland) Act 2004 (electoral wards) is amended as follows. 2 In subsection (2)— a for “either three or four” substitute “ two, three, four or five ” , b the words “(order giving effect to proposals made by Boundary Commission)” are repealed, c after “(“ the 1973 Act ”)” insert “ (regulations giving effect to proposals made by Boundaries Scotland after, in particular, complying with the duty in section 28(2), and schedule 6, of the 1973 Act) ” . 3 In subsection (2A), for “either one or two” substitute “ one ” . Electors: prohibition on voting more than once 5 1 The Representation of the People Act 1983 is amended as follows. 2 In section 2(2) (prohibitions on voting more than once)— a the word “or” following paragraph (a) is repealed, b at the end of paragraph (b) insert , or c in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day. . 3 In section 61 (voting offences)— a after subsection (2)(a) insert— ab the person votes as elector otherwise than by proxy in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or ac the person votes as elector otherwise than by proxy in any electoral area at an election of councillors for a local government area in Scotland when— i there is in force an appointment of a person to vote as the person's proxy at the election in some other electoral area in Scotland, and ii the polls for more than one local government election are held on the same day, or , b after subsection (3)(a) insert— ab the person votes as proxy for the same elector in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or . Electronic voting 6 1 The Local Governance (Scotland) Act 2004 is amended in accordance with subsections (2) and (3). 2 In section 2 (single transferable vote)— a the existing text becomes subsection (1), b in that subsection, for “marking on the ballot paper” substitute “ specifying ” , c after that subsection insert— 2 A preference is specified in accordance with subsection (1) by the person— a marking the preference on the ballot paper, or b communicating the preference by such electronic means as may be permitted by or under this Act or any other enactment. . 3 In section 3 (power to make further provision about local government elections), after subsection (2A) insert— 2B The references to “ballot papers” and “transferred ballot paper” in subsection (2) are to be read as including any paper or electronic form used to record a vote communicated by electronic means. . Evaluation of pilot schemes 7 In section 5 of the Scottish Local Government (Elections) Act 2002 (pilot schemes for local elections)— a in subsection (8), for “local authority” substitute “ Electoral Commission ” , b in subsection (10)— i in the opening words, for “local authority” substitute “ Electoral Commission ” , ii after paragraph (a) insert— aa the arrangements made under the scheme assisted disabled persons (within the meaning of section 6(2) of the Equality Act 2010) to vote at the elections, , c after subsection (11) insert— 11A In preparing the report, the Electoral Commission may consult such persons as they think appropriate. , d for subsection (12) substitute— 12 The Electoral Commission must— a send a copy of the report to— i the Scottish Ministers, and ii the local authority which proposed the scheme, and b publish the report in such manner as they think fit, by the end of the period of three months beginning with the date of the declaration of the result of the elections to which the report relates. . Registration of attainers Entitlement to register as an elector before attaining voting age 8 1 Section 4 of the Representation of the People Act 1983 (entitlement to be registered as parliamentary or local government elector) is amended in accordance with subsections (2) and (3). 2 In subsection (5), after “electors”, in the second place where it occurs, insert “ , other than a register of local government electors in Scotland (see subsection (5B)), ” . 3 After subsection (5A) insert— 5B A person otherwise qualified is (despite subsection (3)(d)) entitled to be registered in a register of local government electors in Scotland if the person is 14 years of age or over, but— a the person's entry in the register must give the date on which the person will attain voting age, and b until the date given in the entry the person shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date. 5C If a person entitled to be registered by virtue of subsection (5B) has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to the person's entry in the register are to be read as references to the person's entry in the record of anonymous entries prepared in pursuance of paragraph 8A of schedule 2. . 4 Regulation 44 of the Representation of the People (Scotland) Regulations 2001 (S.S.I. 2001/497) is amended as follows— a in paragraph (2)(d), after “section 4(5)” insert “ or (5B) ” , b in paragraph (4)(ii), after “section 4(5)” insert “ or (5B) ” . PART 2 Electoral Commission Codes of practice Expenditure of candidates at Scottish parliamentary elections 9 In the Political Parties, Elections and Referendums Act 2000, after section 6G insert— Code of practice on expenditure of candidates at Scottish parliamentary elections 6H 1 The Commission may prepare, and from time to time revise, a code of practice giving guidance as to— a the matters which are, or are not, to be regarded as election expenses, b the cases or circumstances in which expenses are, or are not, to be regarded as incurred, for the purposes of any order under section 12(1) of the Scotland Act 1998 in so far as regulating the incurring of expenses for the purposes of a candidate's election at a Scottish Parliamentary general election or an election under section 9 of the Scotland Act 1998 (constituency vacancies). 2 Once the Commission have prepared a draft code under this section, the Commission must submit it to the Scottish Ministers for their approval. 3 The Scottish Ministers may approve a draft code either without modification or with such modifications as they may determine. 4 Once the Scottish Ministers have approved a draft code, they must lay a copy of the draft before the Scottish Parliament, either— a in its original form, or b in a form which incorporates any modifications determined under subsection (3). 5 If the draft incorporates any modifications determined under subsection (3), the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making the modifications. 6 If, within the 40-day period, the Scottish Parliament resolves not to approve the draft code, the Scottish Ministers must take no further steps in relation to the draft code. 7 If no such resolution is made within the 40-day period— a the Scottish Ministers must issue the code in the form of the draft laid before the Scottish Parliament, and b the Commission must arrange for it to be published in such manner as the Commission think appropriate. 8 Subsection (6) does not prevent a new draft code from being laid before the Scottish Parliament. 9 In this section, “ the 40-day period ”, in relation to the draft code, means the period of 40 days beginning with the day on which the draft code is laid before the Scottish Parliament (taking no account of any time during which the Parliament is dissolved or in recess for more than 4 days). 10 In this section, references to a draft code include references to a draft revised code. . Expenditure of candidates at Scottish local government elections 10 In schedule 4B of the Representation of the People Act 1983 (Scottish local government elections: election expenses) (as inserted by section 17(4) of the Local Electoral Administration and Registration Services (Scotland) Act 2006), after paragraph 12 insert— PART 2A Guidance by the Electoral Commission 12A 1 The Commission may prepare, and from time to time revise, a code of practice giving— a guidance as to the matters which do, or do not, fall within Part 1 or Part 2 of this schedule, b guidance (supplementing the definition in section 90ZB) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate's election. 2 Once the Commission have prepared a draft code under this paragraph, the Commission must submit it to the Scottish Ministers for their approval. 3 The Scottish Ministers may approve a draft code either without modification or with such modifications as they may determine. 4 Once the Scottish Ministers have approved a draft code, they must lay a copy of the draft before the Scottish Parliament, either— a in its original form, or b in a form which incorporates any modifications determined under sub-paragraph (3). 5 If the draft incorporates any modifications determined under sub-paragraph (3), the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making them. 6 If, within the 40-day period, the Scottish Parliament resolves not to approve the draft code, the Scottish Ministers must take no further steps in relation to the draft code. 7 If no such resolution is made within the 40-day period— a the Scottish Ministers must issue the code in the form of the draft laid before the Scottish Parliament, and b the Commission must arrange for it to be published in such manner as the Commission think appropriate. 8 Sub-paragraph (6) does not prevent a new draft code from being laid before the Scottish Parliament. 9 In this paragraph, “ the 40-day period ”, in relation to the draft code, means the period of 40 days beginning with the day on which the draft code is laid before the Scottish Parliament (taking no account of any time during which the Parliament is dissolved or in recess for more than 4 days). 10 In this Part, references to a draft code include references to a draft revised code. . Attendance of observers at Scottish parliamentary elections 11 1 The Political Parties, Elections and Referendums Act 2000 is amended in accordance with subsections (2) to (5). 2 In section 6G (code of practice on attendance of observers at local government elections in Scotland)— a in subsection (1), after “at” insert “ Scottish Parliamentary general elections, elections under section 9 of the Scotland Act 1998 (constituency vacancies) and ” , b the title of the section becomes “ Code of practice on attendance of observers at Scottish Parliamentary elections and local government elections in Scotland ” . 3 In section 6C(3) (accredited observers: individuals), after “to” insert “ a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) or ” . 4 In section 6D(4) (accredited observers: organisations), after “to” insert “ a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) or ” . 5 In section 6F(1) (code of practice on attendance of observers at elections etc.), after “than” insert “ a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) and ” . 6 In section 24 of the Referendums (Scotland) Act 2020 (code of practice on attendance of observers)— a after “at”, in the first place where it occurs, insert “ Scottish parliamentary elections and ” , b after “to”, in the second place where it occurs, insert “ Scottish Parliamentary general elections, elections under section 9 of the Scotland Act 1998 (constituency vacancies) and ” . Controlled expenditure of third parties at Scottish local government elections 12 In section 85A(1) of the Political Parties, Elections and Referendums Act 2000 (controlled expenditure of third parties: power of Scottish Ministers), after “Parliament” insert “ and local government elections in Scotland ” . Reporting and standards Reviews of electoral and political matters 13 1 The Political Parties, Elections and Referendums Act 2000 is amended as follows. 2 In section 6 (reviews of electoral and political matters)— a subsection (1)(d) is repealed, b in subsection (6)(a)— i the word “and” following sub-paragraph (ii) is repealed, ii in sub-paragraph (iii), after “and” following that sub-paragraph insert— iv local government elections in Scotland; and , c after subsection (6) insert— 6A This section is subject to section 6ZA. . 3 After section 6 insert— Reviews of electoral and political matters: devolved Scottish elections 6ZA 1 Where a report under subsection (1) of section 6 relates to Scottish Parliamentary general elections or local government elections in Scotland, the Commission must submit the report to— a the Scottish Ministers in so far as the report relates to— i a matter mentioned in paragraph (a) of that subsection, or ii the law relating to such a matter, b the Secretary of State in so far as the report relates to— i a matter mentioned in paragraph (b), (c), (e) or (f) of that subsection, or ii the law relating to such a matter. 2 At the request of the Scottish Ministers, and within such time as the Scottish Ministers may specify, the Commission must— a review, and b submit a report to the Scottish Ministers on, such matter as the Scottish Ministers may specify in so far as it relates to any elections mentioned in subsection (3) and does not relate to a reserved matter (within the meaning of the Scotland Act 1998). 3 The elections are— a Scottish Parliamentary general elections, b elections held under section 9 of the Scotland Act 1998 (constituency vacancies), c local government elections in Scotland. . Setting of performance standards 14 1 The Political Parties, Elections and Referendums Act 2000 is amended as follows. 2 In section 9A (setting of performance standards), after subsection (5) insert— 5A But subsections (3) and (5) do not apply in relation to standards relating to— a Scottish Parliamentary general elections, b elections held under section 9 of the Scotland Act 1998 (constituency vacancies), or c local government elections in Scotland. . 3 After section 9A insert— Setting performance standards: devolved Scottish elections 9AA 1 Before determining standards under subsection (1) of section 9A relating to any elections mentioned in subsection (5A)(a) to (c) of that section, the Commission must consult— a the Scottish Ministers, and b any other person they think appropriate. 2 When the Commission publish standards under subsection (1) of section 9A relating to any elections mentioned in subsection (5A)(a) to (c) of that section— a the Commission must send a copy of the published standards to the Scottish Ministers, and b the Scottish Ministers must lay a copy of the published standards before the Scottish Parliament. . Funding Financing of Electoral Commission 15 1 Schedule 1 of the Political Parties, Elections and Referendums Act 2000 (the Electoral Commission) is amended as follows. 2 In paragraph 14(1)— a in sub-sub-paragraph (a), the words “13A, 19(11) or” are repealed, b after sub-sub-paragraph (a) insert— aa met by the Scottish Parliamentary Corporate Body under paragraph 14A, . 3 After paragraph 14 insert— Financing of Commission: devolved Scottish elections 14A 1 The Scottish Parliamentary Corporate Body (in this paragraph, the “SPCB”) must reimburse the Commission for any expenditure properly incurred by the Commission (in so far as it cannot be met out of income received by the Commission) which is attributable to the exercise of the Commission's devolved Scottish functions. 2 Sub-paragraph (1) does not require the SPCB to reimburse any expenditure which exceeds or is otherwise not covered by an estimate or, as the case may be, a revised estimate approved under this paragraph. 3 However, the SPCB may reimburse that expenditure. 4 Before the start of each financial year, the Commission must prepare an estimate of the Commission's income and expenditure for the year in relation to the Commission's devolved Scottish functions and, by such date as the SPCB determines, send the estimate to the SPCB for approval. 5 The Commission may, in the course of a financial year, prepare a revised estimate for the remainder of the year and send it to the SPCB for approval. 6 In preparing an estimate or a revised estimate, the Commission must ensure that the estimated level of income and expenditure is consistent with the economical, efficient and effective exercise by the Commission of their devolved Scottish functions. 7 An estimate or a revised estimate must contain a statement that the Commission have complied with the duty under sub-paragraph (6). 8 In this paragraph, “ devolved Scottish functions ”, in relation to the Commission, means the functions of the Commission under Part 1 in relation to— a Scottish Parliamentary general elections, b elections held under section 9 of the Scotland Act 1998 (constituency vacancies), and c local government elections in Scotland, in so far as those functions do not relate to reserved matters (within the meaning of the Scotland Act 1998). . 4 In paragraph 25— a the existing text becomes sub-paragraph (1), b after that sub-paragraph insert— 2 In this schedule, “ devolved Scottish functions ”, in relation to the Commission, has the meaning given in paragraph 14A(8). . Reimbursement of costs by Scottish Ministers etc. 16 Section 13A of the Political Parties, Elections and Referendums Act 2000 (reimbursement of costs by Scottish Ministers etc.) is repealed. Examination and audit: devolved Scottish elections Electoral Commission: five-year plan 17 1 Schedule 1 of the Political Parties, Elections and Referendums Act 2000 (the Electoral Commission) is amended as follows. 2 After paragraph 15 insert— Five-year plan: devolved Scottish elections 15A 1 At the same time as the Commission submit to the Speaker's Committee a plan under paragraph 15(1), the Commission must also submit the plan to the Scottish Parliamentary Corporate Body (in this paragraph, the “SPCB”). 2 The SPCB— a must examine each plan submitted to it in so far as the plan relates to the Commission's devolved Scottish functions, b must decide whether it is satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of their devolved Scottish functions, and c if it is not so satisfied, may recommend such modifications to the plan as it considers appropriate for the purpose of achieving such consistency. 3 The SPCB must, after concluding its examination and making its recommendations (if any) under sub-paragraph (2) in relation to a plan— a report to the Speaker's Committee on its findings and its recommendations (if any), and b as soon as reasonably practicable after the plan is laid by the Speaker's Committee under paragraph 15(4)— i lay the plan before the Scottish Parliament, and ii if the SPCB made any recommendations for modifications to the plan under sub-paragraph (2), lay before the Scottish Parliament a document describing its reasons for making the recommendations. . Accounts and accounting officer 18 1 Schedule 1 of the Political Parties, Elections and Referendums Act 2000 (the Electoral Commission) is amended as follows. 2 After paragraph 18(2) insert— 3 As soon as is reasonably practicable after the Comptroller and Auditor General has certified the Commission's accounts and laid a copy of the accounts as so certified before each House of Parliament under sub-paragraph (2), the Commission must— a submit a copy of the accounts as so certified to the Scottish Parliamentary Corporate Body, and b lay a copy of the accounts as so certified before the Scottish Parliament. . 3 In paragraph 19(4), after “Speaker's Committee” insert “ , the Scottish Parliament, the Scottish Parliamentary Corporate Body ” . Reporting Reports by Electoral Commission: devolved Scottish elections 19 1 Schedule 1 of the Political Parties, Elections and Referendums Act 2000 (the Electoral Commission) is amended as follows. 2 In paragraph 20(3), for the words “functions under Part 1 in relation to local Government elections in Scotland” substitute “ devolved Scottish functions ” . 3 In paragraph 20A— a in sub-paragraph (1), for the words “functions mentioned in sub-paragraph (3)” substitute “ Commission's devolved Scottish functions ” , b sub-paragraph (3) is repealed. Expenses and donations for local government elections Electoral Commission: election expenses at Scottish local government elections 20 1 In section 26 of the Electoral Administration Act 2006 (return as to election expenses), subsection (2) is repealed and accordingly the amendments made by that section apply to local government elections in Scotland. 2 Section 19 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (return as to election expenses) is repealed. 3 In section 81 of the Representation of the People Act 1983 (return as to election expenses)— a after subsection (3A) insert— 3B In the application of paragraph (c) of subsection (3A) in relation to a local government election in Scotland, any regulations under that paragraph are to be made by the Scottish Ministers and such regulations are subject to the affirmative procedure. , b subsection (10B) is repealed. 4 In section 7(2) of the Political Parties, Elections and Referendums Act 2000 (Electoral Commission to be consulted on changes to electoral law), after paragraph (e) insert— eza regulations to be made by the Scottish Ministers under section 81(3A)(c) of the Representation of the People Act 1983 (other matters to be included in election expenses return in relation to local government elections in Scotland); . Electoral Commission: donations to candidates at local government elections 21 1 In section 130 of the Political Parties, Elections and Referendums Act 2000 (control of donations to candidates), subsection (4) is repealed and accordingly the amendments made by that section have effect in relation to local government elections in Scotland. 2 In schedule 2A of the Representation of the People Act 1983 (“ the 1983 Act ”) (control of donations to candidates)— a in paragraph 3 (sponsorship), after sub-paragraph (4) insert— 4A But any modification of sub-paragraph (2) or (3) by order under sub-paragraph (4) has no effect in relation to local government elections in Scotland. , b in paragraph 10 (statement of relevant donations)— i after sub-paragraph (2) insert— 2A In the application of sub-paragraph (2) in relation to a local government election in Scotland, the reference to the Secretary of State is to be read as if it were a reference to the Scottish Ministers, and regulations made by the Scottish Ministers under that sub-paragraph are subject to the affirmative procedure. , ii sub-paragraph (3) is repealed. 3 As a consequence of subsection (2)(b)(ii), paragraph 10(2) of schedule 2A of the 1983 Act and any regulations made under that paragraph apply to local government elections in Scotland. 4 The references in subsection (3) are to that paragraph and to those regulations as they had effect on the date that the Bill for this Act was introduced to the Scottish Parliament. 5 Regulations made by the Scottish Ministers under paragraph 10(2) of schedule 2A of the 1983 Act may amend or revoke the regulations described under subsection (3) in so far as they apply to local government elections in Scotland. 6 In section 7(2) of the Political Parties, Elections and Referendums Act 2000 (Electoral Commission to be consulted on changes to electoral law), after paragraph (eza) (as inserted by section 20(4) of this Act) insert— ezb regulations to be made by the Scottish Ministers under paragraph 10(2) of schedule 2A of the Representation of the People Act 1983 (evidence of donor's anonymous registration to accompany statement of relevant donations in relation to local government elections in Scotland); . Voting by disabled persons: devolved Scottish elections Reports on elections: voting by disabled persons at devolved Scottish elections 22 In section 5 of the Political Parties, Elections and Referendums Act 2000 (reports on elections and referendums), after subsection (2B) insert— 2C Subsection (2D) applies where a report under this section relates to one of the following elections— a a Scottish Parliamentary general election, b an election held under section 9 of the Scotland Act 1998 (constituency vacancies), or c an ordinary election of councillors for local government areas in Scotland. 2D The report must include a description of the steps taken by returning officers to assist disabled persons (within the meaning of section 6(2) of the Equality Act 2010) to vote at the election. 2E In subsection (2D), “returning officer”— a in the case of a Scottish Parliamentary general election, means an officer who is— i appointed by order in accordance with section 12(1) of the Scotland Act 1998, or ii appointed by order under section 12(6) of that Act, b in the case of an election held under section 9 of that Act, means an officer who is appointed by order in accordance with section 12(1) of that Act, c in the case of an ordinary election of councillors for local government areas in Scotland, means an officer who is appointed under section 41(1) of the Representation of the People Act 1983.”. Miscellaneous . Miscellaneous Notification of Commission regulations: devolved Scottish elections 23 In schedule 1 of the Political Parties, Elections and Referendums Act 2000 (the Electoral Commission) after paragraph 21 insert— 21A 1 If the Commission make any regulations which relate to any elections mentioned in sub-paragraph (4), they must give a copy to the Scottish Ministers without delay. 2 If the Commission alter or revoke any regulations mentioned in sub-paragraph (1), they must give notice to the Scottish Ministers without delay. 3 Notice of an alteration must include details of the alteration. 4 The elections are— a Scottish Parliamentary general elections, b elections held under section 9 of the Scotland Act 1998 (constituency vacancies), c local government elections in Scotland. . PART 3 Electoral Management Board for Scotland Electoral Management Board for Scotland: general functions 24 In section 1 of the Local Electoral Administration (Scotland) Act 2011 (Electoral Management Board for Scotland)— a for subsection (2) substitute— 2 The Board has the general functions of co-ordinating the administration of— a Scottish parliamentary elections, and b local government elections in Scotland. , b for subsection (3) substitute— 3 Those functions include— a assisting regional returning officers, constituency returning officers, local authorities and other persons in carrying out their functions in relation to Scottish parliamentary elections, b assisting returning officers, local authorities and other persons in carrying out their functions in relation to local government elections, and c promoting best practice in Scottish parliamentary elections and local government elections by providing information, advice or training (or otherwise). . Directions to returning officers: Scottish parliamentary elections 25 Before section 5 of the Local Electoral Administration (Scotland) Act 2011 (but after the italic heading preceding that section) insert— Directions to returning officers: Scottish parliamentary elections 4A 1 The convener may give directions in writing to regional returning officers and constituency returning officers about the exercise of their functions in relation to— a Scottish parliamentary elections generally, or b a particular Scottish parliamentary election. 2 A direction may require a returning officer to provide the convener with information. 3 A returning officer to whom a direction is given must comply with the direction. . Directions to electoral registration officers: Scottish parliamentary elections 26 After section 5 of the Local Electoral Administration (Scotland) Act 2011 insert— Directions to electoral registration officers: Scottish parliamentary elections 5A 1 The convener may give directions in writing to electoral registration officers about the exercise of their functions in relation to a particular Scottish parliamentary election. 2 But a direction is of no effect if it is inconsistent with any direction given under section 52 of the 1983 Act. 3 An electoral registration officer to whom a direction is given must comply with the direction. . Electoral Management Board for Scotland: miscellaneous amendments 27 1 The Local Electoral Administration (Scotland) Act 2011 is amended as follows. 2 In section 2(4), for “different local authority areas (including different kinds of areas) throughout Scotland” substitute — a different local authority areas (including different kinds of areas) throughout Scotland, and b the different constituencies and regions provided for Scottish parliamentary elections by schedule 1 of the Scotland Act 1998 (including different kinds of constituencies and regions). . 3 The title of section 5 becomes “ Directions to returning officers: local government elections ” . 4 The title of section 6 becomes “ Directions to electoral registration officers: local government elections ” . 5 In section 7 (consultation before giving direction), for “5” substitute “ 4A, 5, 5A ” . 6 In section 9 (interpretation of Part 1)— a after the definition of “the 1983 Act” insert— “ constituency returning officer ” means an officer appointed by order in accordance with section 12(1) of the Scotland Act 1998, , b after the definition of “local government election” insert— “ regional returning officer ” means an officer appointed by order under section 12(6) of the Scotland Act 1998, , c for the definition of “returning officer” substitute— “ returning officer ” means an officer who is— a appointed under section 41(1) of the 1983 Act, b a constituency returning officer, or c a regional returning officer, , d after that definition insert— “ “ Scottish parliamentary election ” means an election for membership of the Scottish Parliament. . PART 4 Boundaries Scotland Boundaries Scotland 28 1 The commission originally constituted under section 12 of the Local Government (Scotland) Act 1973 as the Local Government Boundary Commission for Scotland is to continue to be a commission but is renamed and is to be known as Boundaries Scotland. 2 Accordingly— a in section 12(1) of the Local Government (Scotland) Act 1973, for the words from “Local” to the end of the subsection substitute “ commission to be known as Boundaries Scotland which is to carry out the functions conferred on it by or under this Act or any other enactment. ” , b any reference in any enactment to the Local Government Boundary Commission for Scotland is, unless the contrary intention appears, to be construed as a reference to the commission's new name, Boundaries Scotland. 3 The schedule makes further provision in consequence of this section. Reviews of local government wards and number of councillors 29 1 In the Local Government (Scotland) Act 1973— a for section 16(2) substitute— 2 Boundaries Scotland must review the electoral arrangements for a local government area for the purpose of— a considering whether to make proposals to the Scottish Ministers for a substantive change in those arrangements, b considering what proposals, if any, to make, and c formulating any such proposals. 2A Boundaries Scotland must submit to the Scottish Ministers a report on its review of the electoral arrangements for a local government area under subsection (2)— a in the case of the first report on its review of that area after the coming into force of this subsection by, in so far as is reasonably practicable, no later than 31 December 2028, and b thereafter, in so far as is reasonably practicable, at intervals of not more than 15 years after the date of the submission of the report on its previous review of that area under subsection (2). , b the title of section 16 becomes “ Wards and councillors: substantive changes in electoral arrangements ” . 2 For the purposes of subsection (2A) of section 16 of the Local Government (Scotland) Act 1973 (as inserted by subsection (1)(a) of this section), a report on the review of the electoral arrangements for a local government area under section 20 of the Islands (Scotland) Act 2018 is to be taken to be the first report mentioned in paragraph (a) of subsection (2A) (irrespective of whether the report is submitted before or after that subsection comes into force). 3 Accordingly, section 20(4) of the Islands (Scotland) Act 2018 is repealed. Changes to boundaries of parliamentary constituencies: procedure 30 1 Paragraph 6 of schedule 1 of the Scotland Act 1998 (Orders in Council) is amended as follows. 2 In sub-paragraph (3)— a the words “by leave of the Parliament” are repealed, b after “amend the draft” insert “ to make such minor or technical alterations as they consider appropriate ” . 3 After that sub-paragraph insert— 3A As soon as reasonably practicable after laying the draft so amended, the Scottish Ministers must publish a statement setting out their reasons for making the minor or technical alterations to the draft. 3B The Scottish Ministers must not withdraw a draft Order laid before the Parliament under paragraph 3(9)(b) or sub-paragraph (3) except with the agreement of the Parliament. . 4 After sub-paragraph (4) insert— 4A If the Scottish Ministers do not lay an amended draft Order under sub-paragraph (3), the Scottish Ministers must notify Boundaries Scotland that it is required to conduct, in accordance with sub-paragraph (4B), a further review of the alterations proposed to the boundaries by the draft Order which was rejected or withdrawn. 4B Once notified, Boundaries Scotland must conduct a further review of the proposed alterations and may determine the manner and the extent of the review, provided that the purpose of the review is to— a consider the representations (if any) of the Parliament, and b reconsider the proposals and make any further or supplementary proposals as it thinks fit. 4C This schedule applies to a further review under sub-paragraph (4B) as it applies to a review and report under paragraph 3 except that— a Boundaries Scotland is to submit a report on the further review— i before such date as the Scottish Ministers may direct, or ii in the absence of such direction, within such reasonable time as it may determine, b sub-paragraphs (1)(a), (3) and (4) of paragraph 7 do not apply to a further review under sub-paragraph (4B), c where a report has already been submitted following a further review under sub-paragraph (4B), the Scottish Ministers may notify Boundaries Scotland under sub-paragraph (4A) that it is required to conduct a further review only if the Parliament has by resolution directed them to do so. 4D A further review under sub-paragraph (4B) is to be disregarded for the purposes of calculating the intervals between reports of Boundaries Scotland under paragraph 3. . Changes to local government areas or electoral arrangements: procedure 31 1 The Local Government (Scotland) Act 1973 is amended in accordance with subsections (2) to (7). 2 For section 17 (Commission's reports and their implementation) substitute— Boundaries Scotland's reports and implementation 17 1 Boundaries Scotland must submit a report to the Scottish Ministers where it— a has a power or duty to formulate proposals to the Scottish Ministers, and b has been conducting a review of— i any area in accordance with section 14 or 15, or ii electoral arrangements in accordance with section 16. 2 Boundaries Scotland must— a include in the report either— i the proposals it has formulated following the review (or any part of the review), or ii a notification that it has no proposals to make following the review (or any part of the review), and b submit the report not later than the expiry of any time limit applicable to the review in question in terms of section 14, 15 or 16. 3 Where the report includes a proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018). 4 As soon as practicable after Boundaries Scotland has submitted a report under this section, the Scottish Ministers must— a lay the report before the Scottish Parliament, and b if the report proposes an alteration to any local government area or to any electoral arrangements, either— i by regulations give effect to those proposals, or ii lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations giving effect to those proposals (“draft instrument”), in the case where the regulations are subject to the affirmative procedure. 5 Regulations under subsection (4)(b) are subject to the affirmative procedure if they— a abolish or alter the boundaries of— i any local government area, ii any electoral ward, or b increase or decrease the number of councillors to be returned in any electoral ward. 6 If the draft instrument is withdrawn, or if the motion for the approval of the draft instrument is rejected by the Scottish Parliament, the Scottish Ministers must either— a amend the draft instrument to make such minor or technical alterations as they consider appropriate (“amended draft instrument”) and lay the amended draft instrument before the Scottish Parliament, or b notify Boundaries Scotland that it is required to conduct a further review of the proposals in accordance with section 17A. 7 As soon as reasonably practicable after laying for approval the amended draft instrument in accordance with subsection (6)(a), the Scottish Ministers must publish a statement setting out their reasons for making the minor or technical alterations to the draft instrument. 8 The Scottish Ministers must not withdraw a draft instrument or an amended draft instrument laid before the Scottish Parliament under subsection (4)(b)(ii) or, as the case may be, (6)(a) except with the agreement of the Scottish Parliament. 9 If the Scottish Parliament approves— a a draft instrument laid before it by the Scottish Ministers under subsection (4)(b)(ii), or b an amended draft instrument laid before it by the Scottish Ministers under subsection (6)(a), the Scottish Ministers must make the regulations contained in the draft instrument or, as the case may be, the amended draft instrument. 10 The Scottish Ministers may lay before the Scottish Parliament under paragraph (b)(ii) of subsection (4) more than one draft Scottish statutory instrument containing regulations giving effect to proposals referred to in that subsection. 11 Accordingly, the references in subsections (6) to (8) to a draft instrument or an amended draft instrument include references to more than one draft instrument or amended draft instrument. Further reviews and reports by Boundaries Scotland 17A 1 Boundaries Scotland must conduct a further review of proposals to alter any local government area or electoral arrangements where it has been notified by the Scottish Ministers under section 17(6)(b). 2 Boundaries Scotland may determine the manner and the extent of the review under this section, provided that the purpose of the review is to— a consider the representations (if any) of the Scottish Parliament, and b reconsider the proposals and make any further or supplementary proposals as it thinks fit. 3 Sections 18 (except subsections (2) and (3)) and 19 apply to a review under this section as they apply to a review under section 17 (but subject to the modification in subsection (4)). 4 The modification is that the reference in subsection (2A) of section 18 to a consultation under subsection (2)(a) of that section is to be read as if it were a reference to any consultation carried out by Boundaries Scotland in connection with a review under this section. 5 Boundaries Scotland may take such steps under section 18(3) as it thinks fit in relation to a review under this section. 6 Boundaries Scotland must— a before such date as the Scottish Ministers may direct, or in the absence of such direction, within such reasonable time as it may determine, submit a report to the Scottish Ministers on its further review under this section, and b include in the report either— i any further or supplementary proposals it has formulated following the review, or ii a notification that it has no further or supplementary proposals to make. 7 Where the report includes a further or supplementary proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018). 8 Subsections (4) to (9) of section 17 apply to a report submitted under this section as they apply to a report submitted under section 17. 9 But where a report has already been submitted under this section, the Scottish Ministers may notify Boundaries Scotland under subsection (6)(b) of section 17 that it is required to conduct a further review only if the Scottish Parliament has by resolution directed them to do so. 10 A further review under this section is to be disregarded for the purposes of calculating the intervals between reviews under this Part. . 3 In section 18(3)(b) (procedure for reviews)— a for “an order giving effect, with or without modifications,” substitute “ regulations giving effect ” , b the words from “or, as the case may be” to the end of that paragraph are repealed. 4 In section 24 (consequential and transitional arrangements)— a in subsection (1) for “orders” substitute “ regulations ” , b in subsection (4)— i for “An order” substitute “ Regulations ” , ii for “order” substitute “ regulations ” , c in subsection (5) for “order”, in each place where it occurs, substitute “ regulations ” . 5 In section 25(1) (transitional agreements as to property and finance)— a for “order”, in the first place where it occurs, substitute “ regulations ” , b for “an order” substitute “ regulations ” . 6 In section 26 (variation and revocation)— a for subsection (1) substitute— 1 The power conferred by section 233 to vary and revoke orders under this Act is to be read to apply to regulations under this Part but modified to apply only in relation to any supplementary provision contained in any such regulations, and regulations varying or revoking any such provision may be made only after compliance with subsections (2) and (3). , b in subsection (2), for “order”, in both places where it occurs, substitute “ regulations ” , c in subsection (3), for “an order” substitute “ regulations ” , d in subsection (4), for “a draft order” substitute “ draft regulations ” , e in subsection (5) for “an order” substitute “ regulations ” . 7 The title of section 26 becomes “ Variation and revocation of regulations under Part 2 ” . 8 In section 1 of the Local Governance (Scotland) Act 2004 (electoral wards)— a in subsection (2), for “order”, in the first place where it occurs, substitute “ regulations ” , b in subsection (2A), for “an order” substitute “ regulations ” . Scottish Parliament constituency boundaries: timing of first report 32 In paragraph 3(4) of schedule 1 of the Scotland Act 1998, for “no earlier than 1 May 2018 and no later than 1 May 2022” substitute “ no later than 1 May 2025 ” . Publishing of proposals affecting Scottish Parliament constituencies 33 In the opening words of paragraph 7(2) of schedule 1 of the Scotland Act 1998, for “at least one newspaper circulating in the constituency” substitute “ such manner as it thinks fit ” . PART 5 Final provisions Ancillary provision 34 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under subsection (1)— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, b otherwise, are subject to the negative procedure. Commencement 35 1 This section and sections 34 and 36 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 36 The short title of this Act is the Scottish Elections (Reform) Act 2020. SCHEDULE Boundaries Scotland: modification of enactments (introduced by section 28(3)) Local Government (Scotland) Act 1973 1 1 The Local Government (Scotland) Act 1973 is amended as follows. 2 In the following provisions, for “the Boundary Commission” substitute “ Boundaries Scotland ” a section 12(2), b section 13, c section 14(1), (2), (3) and (4), d section 15(1), (2), (3), (4) and (6), e section 16(3), f in section 18— i in subsection (1), ii in subsection (2), in both places, iii in subsection (2A)(a), iv in subsection (3), v in subsection (4), g section 19(1) and (2), h section 21(1) and (2), i section 27, j section 28(2), k paragraphs 1(1), 2(1), 4(1), 5, 6, 7, 8(1), 9 and 10(1) of schedule 4, and l paragraph 1(1) of schedule 6. 3 In the following provisions, for “the Commission” substitute “ Boundaries Scotland ” a section 13, b in section 14— i in subsection (1), in both places, ii in subsection (2), iii in subsection (3), in both places, iv in subsection (4), in both places, c section 15(2), d in section 16(3), e in section 18(3)(b), in both places, f in section 21(1), in all three places, g in paragraph 1 of schedule 4— i in sub-paragraph (2), ii in sub-paragraph (3), in both places, iii in sub-paragraph (4), in all three places, h in paragraph 2 of schedule 4— i in sub-paragraph (2), in both places, ii in sub-paragraph (3), in both places, i paragraph 4(1) of schedule 4, j paragraph 6 of schedule 4, k in paragraph 8 of schedule 4— i in sub-paragraph (1), ii in sub-paragraph (2), in both places, iii in sub-paragraph (4), iv in sub-paragraph (5), l paragraph 9(e) and (f) of schedule 4, m in paragraph 10 of schedule 4— i in sub-paragraph (1), in both places, ii in sub-paragraph (2). 4 In the following provisions, for “them” substitute “ it ” a section 13, b section 15(6), c section 18(2)(a)(i), (ab) and (d), d section 19(1). 5 In the following provisions, for “they” substitute “ it ” a section 14(3), b section 18(4), c paragraph 7 of schedule 4. 6 In the following provisions, for “they have” substitute “ it has ” a section 15(3), b section 18(3)(b). 7 In section 15(4) and in paragraph 7 of schedule 4, for “their” substitute “ its ” . 8 In section 18(1) and (3), for “they shall” substitute “ it must ” . 9 In section 18(1), (2)(a)(iii), (2)(b) and (3)(a), for “they think” substitute “ it thinks ” . 10 In paragraph 4(1) of schedule 4, for “the Commission's” substitute “ its ” . 11 The title of section 12 becomes “ Boundaries Scotland ” . 12 The title of section 21 becomes “ Delegation of Boundaries Scotland's functions ” . 13 The title of section 27 becomes “ Consultation with Boundaries Scotland on schemes for community councils ” . 14 The italic heading immediately preceding section 12 becomes “ Proposals by Boundaries Scotland ” . 15 The title of schedule 4 becomes “ Constitution and proceedings of Boundaries Scotland ” . House of Commons Disqualification Act 1975 2 In Part 2 of schedule 1 of the House of Commons Disqualification Act 1975— a after the entry for the Board of the Pension Protection Fund insert— “ Boundaries Scotland ” , b the entry for the Local Government Boundary Commission for Scotland is repealed. Scotland Act 1998 3 1 Schedule 1 of the Scotland Act 1998 is amended as follows. 2 In the following provisions, for “the Local Government Boundary Commission for Scotland” substitute “ Boundaries Scotland ” a paragraph 3(1), (3), (4), (6), (8) and (9), b paragraph 4(1), (2) and (3), c paragraph 6(1), d paragraph 7(1), (2), (3) and (4), e paragraph 8(1) and (2), f paragraph 9(1), (2) and (3), g paragraph 10(1), (2) and (3), h in paragraph 12— i in rule 2(2) and (8), ii in rule 3, iii in rule 4, i paragraph 14(2). 3 In the following provisions, for “they think” substitute “ it thinks ” a paragraph 4(2), b paragraph 9(1), c paragraph 10(1), d in paragraph 12— i rule 2(2), ii rule 3. 4 In the following provisions, for “they” substitute “ it ” a paragraph 7(1)(a) and (b), (2) and (4), b paragraph 9(2), c paragraph 10(2), d paragraph 12, rule 4, in both places. 5 In paragraph 3(3)— a in sub-sub-paragraph (a), for “they propose” substitute “ it proposes ” , b in sub-sub-paragraph (b), for “their opinion” substitute “ its opinion ” . 6 In paragraph 3(6) and (8)(a) and (b), for “they recommend” substitute “ it recommends ” . 7 In paragraph 7(2)— a in the opening words, for “have” substitute “ has ” , b in sub-sub-paragraph (b), for “the Commission” substitute “ Boundaries Scotland ” . 8 The italic heading immediately preceding paragraph 3 becomes “ Reports of Boundaries Scotland ” . Scottish Public Services Ombudsman Act 2002 4 In Part 2 of schedule 2 of the Scottish Public Services Ombudsman Act 2002, under the heading “Scottish public authorities”— a after paragraph 20A insert— 20AA Boundaries Scotland , b paragraph 28 is repealed. Freedom of Information (Scotland) Act 2002 5 In Part 7 of schedule 1 of the Freedom of Information (Scotland) Act 2002— a after paragraph 61A insert— 61AA Boundaries Scotland , b paragraph 71 is repealed. Public Appointments and Public Bodies etc. (Scotland) Act 2003 6 In schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (the specified authorities), under the heading “Advisory bodies”— a before the entry for the Judicial Appointments Board for Scotland insert— “ Boundaries Scotland ” , b the entry for the Local Government Boundary Commission for Scotland is repealed. Public Services Reform (Scotland) Act 2010 7 1 The Public Services Reform (Scotland) Act 2010 is amended as follows. 2 In schedule 5 (improvement of public functions: listed bodies), under the heading “Scottish public authorities with mixed functions or no reserved functions”— a after the entry for Bòrd na Gàidhlig insert— “ Boundaries Scotland ” , b the entry for the Local Government Boundary Commission for Scotland is repealed. 3 In schedule 8 (information on exercise of public functions: listed public bodies)— a after the entry for Bòrd na Gàidhlig insert— “ Boundaries Scotland ” , b the entry for the Local Government Boundary Commission for Scotland is repealed. Public Records (Scotland) Act 2011 8 In the schedule of the Public Records (Scotland) Act 2011, under the heading “Others”— a after the entry for Bòrd na Gàidhlig insert— “ Boundaries Scotland ” , b the entry for the Local Government Boundary Commission for Scotland is repealed. Procurement Reform (Scotland) Act 2014 9 In Part 3 of the schedule of the Procurement Reform (Scotland) Act 2014— a after paragraph 23 insert— 23A Boundaries Scotland , b paragraph 36 is repealed. Gender Representation on Public Boards (Scotland) Act 2018 10 In schedule 1 of the Gender Representation on Public Boards (Scotland) Act 2018 (public authorities)— a after the entry for Bòrd na Gàidhlig insert— “ Boundaries Scotland ” , b the entry for the Local Government Boundary Commission for Scotland is repealed. Islands (Scotland) Act 2018 11 In section 20 of the Islands (Scotland) Act 2018 (reviews of wards in certain local government areas)— a in subsection (1), for “the Local Government Boundary Commission for Scotland (“Boundary Commission”)” substitute “ Boundaries Scotland ” , b in subsection (3), for “the Boundary Commission” substitute “ Boundaries Scotland ” . Representation of the People (Scotland) Regulations 2001 12 In regulation 100(1) of the Representation of the People (Scotland) Regulations 2001 (S.S.I. 2001/497), for “the Local Government Boundary Commission for Scotland” substitute “ Boundaries Scotland ” . Ethical Standards in Public Life etc. (Scotland) Act 2000 (Codes of Conduct for Members of certain Scottish Public Authorities) Order 2006 13 In the schedule of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Codes of Conduct for Members of certain Scottish Public Authorities) Order 2006 (S.S.I. 2006/26)— a after the entry for Architecture and Design Scotland insert— “ Boundaries Scotland ” , b the entry for the Local Government Boundary Commission for Scotland is revoked. Scottish Parliament (Disqualification) Order 2015 14 In Part 1 of the schedule of the Scottish Parliament (Disqualification) Order 2015 (S.S.I. 2015/350)— a after the entry relating to any member of Bòrd na Gàidhlig insert— “ Any member of Boundaries Scotland. ” , b the entry relating to any member of the Local Government Boundary Commission for Scotland is revoked. S. 1 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 3 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 6 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 7 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 8 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 9 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 11 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 13 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 14 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 15 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 16 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 17 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 18 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 19 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 22 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 23 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 24 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 25 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 26 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 27 in force at 1.10.2020 by S.S.I. 2020/278 , reg. 2 , sch. S. 2 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. S. 4 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. S. 28 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. S. 29 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. S. 30 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. S. 31 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. (with reg. 3 ) S. 32 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. S. 33 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 1 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 2 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 3 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 4 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 5 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 6 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 7 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 8 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 9 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 10 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 11 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 12 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 13 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. Sch. para. 14 in force at 14.5.2021 by S.S.I. 2021/124 , reg. 2 , sch. S. 5 in force at 29.9.2021 by S.S.I. 2021/311 , reg. 2 , sch. (with reg. 3 ) S. 10 in force at 29.9.2021 by S.S.I. 2021/311 , reg. 2 , sch. (with reg. 3 ) S. 12 in force at 29.9.2021 by S.S.I. 2021/311 , reg. 2 , sch. (with reg. 3 ) S. 20 in force at 29.9.2021 by S.S.I. 2021/311 , reg. 2 , sch. (with reg. 3 ) S. 21 in force at 29.9.2021 by S.S.I. 2021/311 , reg. 2 , sch. (with reg. 3 )
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[uk-legislation-asp][asp] 2024-05-05 Scottish National Investment Bank Act 2020
http://www.legislation.gov.uk/asp/2020/3/2020-09-16
http://www.legislation.gov.uk/asp/2020/3/2020-09-16 Scottish National Investment Bank Act 2020 An Act of the Scottish Parliament to require the establishment of the Scottish National Investment Bank and to make further provision in connection with that body. text text/xml en Statute Law Database 2020-11-22 Expert Participation 2020-09-16 Scottish National Investment Bank Act 2020 2020 asp 3 An Act of the Scottish Parliament to require the establishment of the Scottish National Investment Bank and to make further provision in connection with that body. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 21st January 2020 and received Royal Assent on 25th February 2020 PART 1 Establishment of the Bank CHAPTER 1 Scottish Ministers' duty to establish the Bank Duty to establish the Bank 1 The Scottish Ministers must establish a public company limited by shares that— a is named the Scottish National Investment Bank p.l.c., b has its registered office in Scotland, c has the Scottish Ministers as its only member, and d has articles of association framed in accordance with Chapter 2. CHAPTER 2 The Bank's articles of association on establishment The Bank's vision 2 The articles of association must state that the Bank's vision is to provide finance and act to catalyse private investment to achieve a step change in growth for the Scottish economy by powering innovation and accelerating the move to a net-zero emissions, high-tech, connected, globally-competitive and inclusive economy. The Bank's objects 3 1 The articles of association must state that the Bank's main object is giving financial assistance to commercial activities for the purpose of promoting or sustaining economic development or employment in Scotland. 2 The articles of association must state that the Bank has the following ancillary objects— a investing in inclusive and sustainable economic growth, b investing to promote social wellbeing, c investing to promote environmental wellbeing, and in particular— i support the transitions required to meet the net-zero emissions target (as defined in section A1 of the Climate Change (Scotland) Act 2009), ii support the proposals and policies regarding circular economy initiatives set out in the latest climate change action plan to be laid before the Scottish Parliament under section 35 of that Act, iii promote biodiversity, d promoting the just transition principles (as defined in section 35C of the Climate Change (Scotland) Act 2009), e promoting and developing the activities of enterprises, where lack of financial investment is holding back economically viable commercial activity, f promoting and developing the activities of small and medium-sized enterprises, g promoting and developing the activities of enterprises which— i promote fair work (construed in accordance with section 23), and ii pay their employees a living wage (construed in accordance with section 15(7) of the Procurement Reform (Scotland) Act 2014), h creating and shaping markets through the provision of patient capital, i contributing to the achievement of the Scottish Government's economic, social and environmental policy objectives, j advancing equality and non-discrimination. Ethical investment standards 4 The articles of association must provide that the Bank's board is responsible for the Bank— a having ethical investment standards which align with the Bank's main object and ancillary objects as set out in its articles of association and its strategic missions, and b having in place processes to ensure that the Bank's investment decisions are taken in accordance with those standards. Balanced scorecard 5 1 The articles of association must provide that the Bank must prepare and update a document (“the balanced scorecard”) to assist its preparation of reports under this Act. 2 The articles of association must provide that, in preparing and updating the balanced scorecard, the Bank is to have regard to— a the economic impact of the performance of its investments over time, b the social impact of the performance of its investments over time, c the environmental impact of the performance of its investments over time, d any other impact (financial or non-financial) of the performance of its investments over time as the articles may provide. General powers 6 1 The articles of association must provide that the Bank may do anything for the purpose of its objects and specifically mention— a giving financial assistance— i on any terms and conditions, and ii by any description of investment, lending or guarantee, and b forming and acting through subsidiaries. 2 The articles of association must also mention the following as examples of the form which financial assistance given by the Bank may take— a investment by the Bank (alone or with others) through the acquisition of loan or share capital in any company, b investment by the Bank (alone or with others) through the acquisition of any— i undertaking, or ii assets, c a loan (secured or unsecured, and with or without interest), d insurance or a guarantee to meet any contingency (including default on payment of a loan or any other failure to fulfil a contractual obligation). 3 For the avoidance of doubt, the articles of association may provide that the Bank may give financial assistance to a third sector body (as defined in section 37 of the Community Justice (Scotland) Act 2016). Borrowing powers 7 The articles of association must include a prohibition on the Bank borrowing from anyone other than the Scottish Ministers. Ownership 8 The articles of association must preclude— a shares in the Bank from being allotted to anyone other than the Scottish Ministers, b the Scottish Ministers from transferring their shares in the Bank. Directors: appointment 9 1 The articles of association must provide that— a the Bank is to have between 9 and 13 directors, b there must be at least 2 executive directors (one of whom must be designated in the articles as chief executive and the other as chief financial officer), c there may not be more than 4 executive directors, d at least two thirds of the directors must be non-executive directors. 2 The articles of association must provide that all of the Bank's directors are to be appointed by the Scottish Ministers. 3 The articles of association must provide that the chair of the Bank's board is to be one of the non-executive directors appointed to the office of chair by the Scottish Ministers. Directors: tenure 10 1 The articles of association must provide that— a the period of a non-executive director's appointment is to be a period, not exceeding 5 years, specified by the Scottish Ministers when making the appointment, b a person may be appointed to the office of non-executive director more than once, c no person may hold the office of non-executive director for a cumulative period exceeding 8 years. 2 The articles of association must provide that a person ceases to hold the office of director as soon as— a the person ceases to be a director by virtue of any provision of the Companies Act 2006 or is prohibited from being a director by law, b the person becomes insolvent, meaning— i the person's estate has been sequestrated, ii the person has granted a trust deed for, or entered into a composition contract with, creditors, iii the person has been adjudged bankrupt, iv a voluntary arrangement proposed by the person has been approved, v the person's application for a debt payment programme has been approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002, vi the person has become subject to any order or arrangement analogous to any of those described in sub-paragraphs (i) to (v) anywhere in the world, c a registered medical practitioner who is treating the person gives a written opinion to the Bank stating that the person has become physically or mentally incapable of acting as a director and may remain so for more than 3 months, d notification is received by the Bank from the person that the person is resigning from office, and such resignation has taken effect in accordance with its terms. Remuneration 11 The articles of association must provide that the remuneration of the Bank's directors and staff is to be determined by the directors, subject to any direction from the Scottish Ministers. Committees 12 1 The articles of association must enable the Bank's directors to set up, and delegate functions to, committees and sub-committees. 2 The articles of association must require— a that the Bank have— i an audit committee, and ii a risk committee, and b that each of those committees is chaired by a non-executive director. 3 The articles of association must state that— a the audit committee has the function of providing independent review and oversight of the company's financial reporting processes, internal controls and independent auditors, b the risk committee has the function of reviewing the Bank's risk-management systems. Gender equality strategy 13 1 The articles of association must provide that— a the Bank is to prepare, and from time to time update, a gender equality strategy, b in doing those things the Bank is to consult persons with experience in or knowledge of the formulation, implementation and evaluation of policies intended to tackle gender inequality, c the Bank is to make its gender equality strategy publicly available, d the Bank's gender equality strategy may be in any form that the Bank considers appropriate and (in particular) may be part of another document. 2 The articles of association must provide that the Bank's gender equality strategy is to set out— a what the Bank is committed to doing to advance gender equality in Scotland (in particular through its investing and staffing practices), b what information the Bank intends to collect for the purpose of carrying out the evaluations required by section 20(1). Entrenched provisions 14 The articles of association must provide that those provisions of the articles which are framed in accordance with this Chapter may be amended or repealed only in accordance with section 31. PART 2 Operational matters Strategic missions Setting missions 15 1 The Scottish Ministers are to set strategic missions for the Bank. 2 The Scottish Ministers set the Bank strategic missions by sending it a document— a describing the socio-economic or environmental challenges that the Bank is to seek to address, and b explaining how, in the Ministers' opinion, addressing those challenges relates to the Bank's main object and ancillary objects as set out in its articles of association. 3 The latest document sent to the Bank under this section supersedes the previous one and so, by sending the Bank a new document under this section, the Scottish Ministers can— a set a new strategic mission for the Bank, b modify a strategic mission, or c bring a strategic mission to an end. 4 After sending the Bank a document under this section, the Scottish Ministers must— a lay before the Scottish Parliament— i a copy of the document, and ii a statement setting out how the terms of the document sent to the Bank were affected by the responses to the public consultation carried out in accordance with section 16, and b make a copy of both the document and the statement publicly available. Requirement to consult in relation to missions 16 1 Before sending the Bank a document under section 15 which would set, modify or bring to an end a strategic mission, the Scottish Ministers must— a first consult, and seek to reach agreement with, the Bank's board about their proposal to do so, and b then consult publicly about it. 2 A public consultation under subsection (1) must be carried out over a period of at least 40 days beginning on the day that the Scottish Ministers lay before the Scottish Parliament a statement describing their proposal. 3 In calculating the period of 40 days mentioned in subsection (2), no account is to be taken of any time during which the Parliament is— a dissolved, or b in recess for more than 4 days. 4 Despite subsection (1)(a), the Bank's board need not be consulted— a where the change that the Scottish Ministers propose making was proposed to them by the Bank under section 17, b in relation to the first document sent to the Bank under section 15. 5 For the purpose of this section, it is immaterial that anything done by way of public consultation was done before the Bill for this Act was passed or after that but before this section comes into force. Proposals from the Bank about its missions 17 1 Subsection (2) applies when the Scottish Ministers receive from the Bank a valid proposal that they should change the Bank's strategic missions. 2 Within 28 days of receiving the proposal, the Scottish Ministers must write to the chair of the Bank's board stating— a whether the Scottish Ministers will consult under section 16 about making the proposed change, and b the reasons for that decision. 3 A proposal is valid for the purpose of subsection (1) if it is— a in writing, and b explains— i why the proposal is being made, and ii in the case of a proposal to set a new mission or modify one, how that proposed change relates to the Bank's main object and ancillary objects as set out in its articles of association. Accountability Report on strategic missions 18 1 The Bank must send a mission report to the Scottish Ministers— a within 3 months of receiving a document sent under section 15 (subject to subsection (3)), and b on the first day of each financial year (subject to subsection (4)). 2 A mission report is a report explaining how the Bank intends to respond to the strategic missions that the Scottish Ministers have set for it. 3 The Bank need not send a mission report to the Scottish Ministers under subsection (1)(a) in consequence of receiving a document under section 15 if the document's only effect is to bring a strategic mission to an end. 4 The Bank need not send a mission report to the Scottish Ministers on the first day of a financial year if, on that day— a it has been less than 3 months since the Bank last sent the Ministers a mission report, or b the Bank is due to send the Ministers a mission report under subsection (1)(a) within the next 3 months. 5 A mission report may be in any form that the Bank considers appropriate and (in particular) may be part of another document. Report on investment performance 19 1 The Bank must, at the end of each financial year, report to the Scottish Ministers on the performance of its investments. 2 In addition, the Bank must report to the Scottish Ministers on the performance of its investments at any other time that the Scottish Ministers direct it to do so. 3 The Scottish Ministers may require the Bank to— a include particular information relating to the performance of the Bank's investments when reporting under this section, b report under this section in a particular manner or format. 4 A report under this section may be in any form that the Bank considers appropriate and (in particular) may be part of another document; provided that any requirement under subsection (3) is complied with. 5 In this section, references to the Bank's investments include any loans it has made. 6 In this section, “ performance ” includes non-financial performance. Report on gender equality strategy 20 1 At least every 2 years, the Bank must prepare and lay before the Scottish Parliament a report evaluating, in relation to the period since the last report was prepared— a the extent to which the Bank has fulfilled the commitments in its gender equality strategy, b the extent to which the fulfilment of each commitment (insofar as it has been fulfilled) has made the contribution towards advancing gender equality in Scotland that the Bank intended it should, and c whether the things that the Bank has done to fulfil the commitments have affected differently women who share a relevant protected characteristic and women who do not share it. 2 In subsection (1)(c), “a relevant protected characteristic” is a characteristic mentioned in section 149(7) of the Equality Act 2010. 3 A report under this section may be in any form that the Bank considers appropriate and (in particular) may be part of another document. 4 The first report under this section— a is to be laid before the Parliament within 2 years of the day on which the Bank's gender equality strategy is first made publicly available, and b is to relate to the period beginning on that day. Review of performance 21 1 The Scottish Ministers must, at least once every 5 years, appoint a person to carry out a review of the performance of the Bank and (if it has any) its subsidiaries during the review period. 2 A person appointed under subsection (1) must, on completion of the review— a prepare a report of the review, and b send the report to the Scottish Ministers. 3 The Scottish Ministers must— a lay a copy of the report before the Scottish Parliament, and b make the report publicly available. 4 For the purposes of subsection (1)— a performance includes— i in the case of the Bank, performance in relation to— A the Bank's objects as set out in its articles of association, B the Bank's strategic missions, C any national performance indicators specified by the Scottish Ministers when appointing a person to carry out the review in question, ii in the case of a subsidiary, performance in relation to the subsidiary's objects as set out in its articles of association, b the review period means— i in relation to the first review, the period beginning with the day on which the Bank is established and ending with the day on which a person is appointed under subsection (1) to carry out the review, ii in relation to each subsequent review, the period beginning with the day after the day of expiry of the previous review period and ending with the day on which a person is appointed under subsection (1) to carry out the review. Equal pay review 22 1 The Bank must, from time to time, conduct a review to ensure that it is providing equal pay for equal work (an “equal pay review”). 2 The Bank must report to the Scottish Ministers on the findings of an equal pay review. 3 A report under subsection (2) must set out— a what the scope of the review was, b how the Bank has collected data to inform the findings of the review, c whether the review has found any differences in pay between any members of staff of the Bank doing equal work, d what the reasons are for any such differences, and e what steps the Bank will take as a result of the findings of the review. Fair work Fair work direction 23 1 The Bank must comply with the direction issued to it under this section. 2 The Scottish Ministers must issue a direction to the Bank about fair work within 1 year of this section coming into force. 3 The direction— a must— i stipulate that the Bank is to seek to promote fair work in exercising its functions, ii set out what fair work means for the purpose of the direction, and b may contain any other provision which the Scottish Ministers consider appropriate in relation to the promotion of fair work by the Bank. 4 Before issuing the direction, the Scottish Ministers must consult— a the Bank, b persons who appear to the Scottish Ministers to represent the interests of those who work in Scotland, and c persons who appear to the Scottish Ministers to represent the interests of employers in Scotland. 5 Having issued the direction, the Scottish Ministers must publish it. Scottish Government financing of the Bank Power to capitalise 24 1 The Scottish Ministers may capitalise the Bank in such manner, and to such extent, as they consider appropriate. 2 For the purposes of subsection (1), capitalising the Bank means— a taking and paying up shares in the Bank, and b giving it loans. 3 The Scottish Ministers may attach conditions (including conditions as to repayment or the payment of interest) in respect of any finance provided under this section. Requirement to get State aid approval before significant capitalisation 25 1 The Scottish Ministers may not spend more than the sterling amount of the authorised minimum on capitalising the Bank unless they have obtained any approval which, under State aid rules, they are required to obtain before doing so. 2 For the purposes of subsection (1), no account is to be taken of administration costs. 3 In subsection (1)— “ authorised minimum ” has the meaning given in section 763 of the Companies Act 2006, “ capitalising the Bank ” has the meaning given in section 24(2). Power to finance 26 1 The Scottish Ministers may provide such finance as they consider appropriate to— a the Bank, and b any relevant subsidiary. 2 Finance under this section may be provided— a to the Bank in the form of grants, loans and guarantees, b to a relevant subsidiary in the form of loans only. 3 The Scottish Ministers may attach conditions (including conditions as to repayment or the payment of interest) in respect of any finance provided under this section. 4 In this section, relevant subsidiary means a body that— a is a subsidiary of the Bank, and b provides services on a commercial basis only. Requirement to get State aid approval for financing 27 The Scottish Ministers may not provide finance to the Bank unless they have obtained any approval which, under State aid rules, they are required to obtain before doing so. Meaning of State aid rules 28 In sections 25 and 27, State aid rules means— a Articles 107 and 108 of the Treaty on the Functioning of the European Union, and b any regulation made under Article 109 of that Treaty, as they form part of the law of Scotland and as modified by the law of Scotland from time to time. Miscellaneous provisions Advisory group 29 1 The Scottish Ministers must establish and maintain an advisory group to provide them with advice on the Bank's objects, conduct and performance. 2 The advisory group is to— a be provided with sufficient resources by the Scottish Ministers to carry out its functions under this section, b include at least 1 member appointed to represent the interests of trade unions. Exercise of power to appoint non-executive directors 30 1 In appointing the Bank's non-executive directors, the Scottish Ministers must have regard to the desirability of ensuring that the non-executive directors (as a whole) have experience or knowledge of the issues facing workers and businesses in Scotland. 2 In considering, for the purpose of subsection (1), the particular knowledge or experience that the non-executive directors (as a whole) should have, the Scottish Ministers must consult— a persons appearing to them to represent trade unions operating in Scotland, and b persons appearing to them to represent businesses operating in Scotland. Procedure for modifying entrenched provisions 31 If the Bank's articles of association provide that a provision of the articles may be amended or repealed only in accordance with this section, the provision may be amended or repealed— a only by a special resolution of the Bank's members, and b only if a draft of the special resolution has been laid before, and approved by resolution of, the Scottish Parliament. PART 3 Final provisions Application of public bodies legislation 32 The schedule amends other Acts so that their provisions apply to the Bank. Meaning of references to the Bank and subsidiaries 33 In this Act— a references to the Bank are to the company established (or to be established) by the Scottish Ministers in fulfilment of their duty under section 1, b references to a subsidiary are to be read in accordance with section 1159 of the Companies Act 2006. Ancillary provision 34 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it. 2 Regulations under subsection (1) may make different provision for different purposes. 3 Regulations under subsection (1)— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), but b otherwise are subject to the negative procedure. Commencement 35 1 This section and sections 34 and 36 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) may make different provision for different purposes. Short title 36 The short title of this Act is the Scottish National Investment Bank Act 2020. SCHEDULE Application of public bodies legislation (introduced by section 32) Ethical Standards in Public Life etc. (Scotland) Act 2000 1 1 The Ethical Standards in Public Life etc. (Scotland) Act 2000 is amended as follows. 2 In section 28(1), before the definition of members' code insert— “ member ”, in relation to the Scottish National Investment Bank p.l.c., means that company's directors (and “ membership ” is to be construed accordingly); . 3 In schedule 3, after the entry relating to the Scottish Legal Complaints Commission insert— “ The Scottish National Investment Bank p.l.c. ” . Freedom of Information (Scotland) Act 2002 2 In schedule 1 of the Freedom of Information (Scotland) Act 2002, after paragraph 92B insert— 92C The Scottish National Investment Bank p.l.c. . Public Appointments and Public Bodies (Scotland) Act 2003 3 In schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003, after the entry relating to the Convener of the School Closure Review Panels insert— “ a non-executive director of the Scottish National Investment Bank p.l.c. ” . Public Services Reform (Scotland) Act 2010 4 1 The Public Services Reform (Scotland) Act 2010 is amended as follows. 2 In schedule 5, after the entry relating to Scottish Local Authorities Remuneration Committee insert— “ Scottish National Investment Bank p.l.c. ” . 3 In schedule 8, after the entry relating to Scottish Local Authorities Remuneration Committee insert— “ Scottish National Investment Bank p.l.c. ” . Gender Representation on Public Boards (Scotland) Act 2018 5 In schedule 1 of the Gender Representation on Public Boards (Scotland) Act 2018, after the entry relating to Scottish Legal Complaints Commission insert— Scottish National Investment Bank p.l.c. . S. 1 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 2 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 3 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 4 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 5 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 6 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 7 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 8 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 9 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 10 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 11 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 12 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 13 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 14 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 15 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 16 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 17 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 18 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 19 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 20 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 21 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 22 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 23 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 24 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 25 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 26 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 27 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 28 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 29 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 30 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 31 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 32 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 S. 33 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 Sch. para. 1 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 Sch. para. 2 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 Sch. para. 3 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 Sch. para. 4 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2 Sch. para. 5 in force at 16.9.2020 by S.S.I. 2020/272 , reg. 2
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[uk-legislation-asp][asp] 2024-05-05 Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019
http://www.legislation.gov.uk/asp/2019/4/2019-07-01
http://www.legislation.gov.uk/asp/2019/4/2019-07-01 Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 An Act of the Scottish Parliament to make provision in relation to the assumed rate of return on investment of particular damages awarded in personal injury cases; and to make provision in relation to periodical payments of various damages awarded in personal injury cases. text text/xml en Statute Law Database 2024-04-02 Expert Participation 2019-07-01 Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 2019 asp 4 An Act of the Scottish Parliament to make provision in relation to the assumed rate of return on investment of particular damages awarded in personal injury cases; and to make provision in relation to periodical payments of various damages awarded in personal injury cases. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th March 2019 and received Royal Assent on 24th April 2019 PART 1 Returns on investment of damages Assumed return on investment 1 1 Before section 1 of the Damages Act 1996 there is inserted— Assumed rate of return on damages invested: Scotland B1 1 In determining the return to be expected from the investment of a sum awarded as damages for future pecuniary loss in an action for personal injury, a court must take into account the rate of return set by the official rate-assessor. 2 However— a the court is to do so subject to and in accordance with rules of court (if any) made for the purpose of subsection (1), b the court may take a different rate of return into account if a party to the action shows that the different rate is more appropriate in the circumstances of the case. 3 Schedule B1 contains provision about setting the rate of return for the purpose of subsection (1). 4 In subsection (1), the reference to the official rate-assessor is to— a if no regulations under paragraph (b) are in force, the Government Actuary (but, when that office is vacant, the Deputy Government Actuary), or b a person appointed in place of the Government Actuary (including the Deputy as referred to in paragraph (a)) by regulations made by the Scottish Ministers. 5 Regulations under subsection (4)(b) may provide for a person to deputise for the person appointed in place of the Government Actuary. 6 Before making regulations under subsection (4)(b), the Scottish Ministers must obtain the agreement of— a as respects appointment in place of the Government Actuary, the person to be appointed, b as respects deputising as mentioned in subsection (5), the person who is to deputise as provided for. 7 Regulations under subsection (4)(b) are subject to the affirmative procedure. . 2 Section 1 of the Damages Act 1996 is repealed. Process for setting rate of return 2 1 The schedule contains Schedule B1 for insertion into the Damages Act 1996. 2 Schedule B1 is to be inserted into the Damages Act 1996 before Schedule 1. PART 2 Periodical payments of damages Award, continuity and index-linking 3 1 In section 2 of the Damages Act 1996— a after subsection (A1) there is inserted— A2 A court awarding damages for future pecuniary loss in respect of personal injury— a must— i consider whether to make an order under which those damages wholly or partly take the form of periodical payments, and ii have special regard to the pursuer's needs and preferences when doing so, and b may make such an order with or without the consent of the parties. , b in subsection (1), for the words “in an action for personal injury” there is substituted “ in respect of personal injury (other than damages for future pecuniary loss) ” , c after subsection (1) there is inserted— 1A A court may not make an order for periodical payments unless it is satisfied that the continuity of payment under the order is reasonably secure. 1B When a court makes an order for periodical payments, it must state why it is satisfied that the continuity of payment under the order is reasonably secure. , and the title of the section becomes “ Periodical payment orders ” . 2 After section 2B of the Damages Act 1996 there is inserted— Secure continuity of periodical payments 2C 1 For the purpose of section 2(1A), a court is to assume that the continuity of payment under an order is reasonably secure if— a the right to receive the payments would be protected by— i a guarantee under section 6 or Schedule 1, or ii a scheme under section 213 of the Financial Services and Markets Act 2000 (whether or not as modified by section 4 of this Act), or b the source of payment would be a recognised body or office-holder listed in subsection (6). 2 In an order for periodical payments, a court may include provision— a specifying the method by which the payments are to be made, b requiring the person responsible for making the payments to take specified action to secure the continuity of payment, where the continuity of payment is not considered by the court to be reasonably secure by virtue of subsection (1), c enabling an application to be made to the court for variation of provision included in the order under paragraph (a) or (b). 3 Despite inclusion in an order for periodical payments of provision of the kind mentioned in subsection (2)(a), the payments may be made by a different method if under the different method— a the right to receive the payments is protected in one of the ways mentioned in subsection (1)(a), or b the source of payment is a recognised body or office-holder listed in subsection (6). 4 The court may vary the order in respect of provision of the kind mentioned in subsection (2)(a) or (b) but only if— a an application is made to the court in accordance with provision included in the order under subsection (2)(c), and b the court is satisfied that the continuity of payment under the order is still reasonably secure (with subsection (1) to be used for this too). 5 As regards cases involving future pecuniary loss, subsection (4)(a) does not prevent variation of the order under section 2F(2)(a)(v) (which is about method of payment). 6 This is the list of who is a recognised body or office-holder as referred to in subsections (1)(b) and (3)(b)— a a part of the Scottish Administration, b each of— i a Minister of the Crown, ii a department of the Government of the United Kingdom. 7 The Scottish Ministers may by regulations— a add an entry to the list in subsection (6) so as to include a particular, or category of— i health service body, ii non-government body, b provide for an exception to an entry originally contained in the list in subsection (6) (or remove or modify such an exception provided for in the list). 8 Regulations under subsection (7)— a may remove an entry added to the list, b may not remove an entry originally contained in the list. 9 Regulations under subsection (7) are subject to the negative procedure. Index-linking of amount of periodical payments 2D 1 Deemed to be incorporated in an order for periodical payments is provision that the amount of the payments is to alter— a at such times and in such manner as set by or determined under rules of court, and b on the statutory basis applying in the case. 2 Subsection (1) does not apply in relation to an order made before the day on which section 3 of the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 comes into force. 3 Provision deemed by subsection (1)(a) and (b) to be incorporated in an order may be modified by the court which makes the order. 4 Provision deemed by subsection (1)(b) to be incorporated in an order may be replaced by the court which makes the order, by including provision in the order— a for the alternative basis of alteration that is to apply in the case, or b for there to be no alteration in the case. 5 Provision of the kind mentioned in subsection (4)(a) may specify different bases for different circumstances. 6 The statutory basis of alteration as mentioned in subsection (1)(b) is alteration by reference to, whether indicating an upward or downward trend— a the retail prices index within the meaning of section 833(2) of the Income and Corporation Taxes Act 1988, or b some published information relating to costs, earnings or other monetary factors as is, for use instead of the retail prices index, prescribed in regulations made by the Scottish Ministers. 7 Regulations under subsection (6)(b)— a may make different provision for different circumstances, b are subject to the affirmative procedure. . Variation or suspension of settlement 4 After section 2D of the Damages Act 1996 (see section 3 of this Act) there is inserted— Variation or suspension of future pecuniary loss award 2E 1 In an order under which damages for future pecuniary loss are wholly or partly to take the form of periodical payments, a court may include provision enabling an application to be made to the court for (either or both)— a variation of the order in accordance with section 2F, or b suspension of the right to receive payments under the order in accordance with section 2G. 2 A court may include provision of the kind described in subsection (1) in an order only if it is satisfied that— a there is a chance of a change in the pursuer's physical or mental condition occurring at some definite or indefinite point in the future, and b should the change occur, the pursuer would be significantly over- or under-compensated by the damages being awarded for future pecuniary loss. 3 In an order including provision of the kind described in subsection (1), a court— a must specify the sort of change in the pursuer's physical or mental condition which must occur before an application may be made for— i variation of the order, or ii suspension of the right to receive payments under the order, and b may specify a period within which any such application must be made (either generally or in respect of a specified sort of change in the pursuer's condition). Variation of court-ordered periodical payments 2F 1 A court which has made an order under which damages for future pecuniary loss are wholly or partly to take the form of periodical payments may vary the order. 2 In varying the order, the court may— a alter the terms on which periodical payments in respect of future pecuniary loss are to be paid, in particular— i the amount that is to be paid as a periodical payment, ii the basis (if any) on which the amount of the payments is to adjust to reflect inflation, iii the frequency of the payments, iv the period during which the payments are to be made, v the method by which the payments are to be made, b award a lump sum instead of, or in addition to, any future periodical payments in respect of future pecuniary loss. 3 The court may vary the order only if— a the order includes provision under section 2E(1) enabling an application to be made for its variation, and b it is satisfied that— i since the order was made, a change has occurred in the physical or mental condition of the injured person which is of a sort specified in the order in accordance with section 2E(3)(a), and ii as a result of the change, the damages awarded for future pecuniary loss will significantly over- or under-compensate the injured person unless the order is varied. 4 The court may vary the order only if it is satisfied that the continuity of payment under the order is still reasonably secure (with section 2C(1) to be used for this too). 5 Ordinarily, the court may not vary the order— a where a period within which an application for variation may be made is specified in the order, on an application made outwith that period, b more than once in respect of each sort of change specified in the order in accordance with section 2E(3)(a). 6 But the court may— a allow a late application on cause shown by reference to delay in information becoming known to the applicant if it is satisfied that the delay is not attributable to something which the applicant unreasonably failed to do, b vary the order despite subsection (5)(a) or (b) if it is satisfied that there are exceptional circumstances justifying doing so. 7 A reference in this section to the injured person is to the person who suffered the injury in respect of which the order has been made. Suspension of court-ordered periodical payments 2G 1 A court which has made an order under which damages for future pecuniary loss are wholly or partly to take the form of periodical payments may suspend the right to receive payments under the order. 2 The court may suspend the right to receive the payments only if— a the order includes provision under section 2E(1) enabling an application to be made for suspension of the right to receive the payments, and b it is satisfied that— i since the order was made, a change has occurred in the physical or mental condition of the injured person which is of a sort specified in the order in accordance with section 2E(3)(a), and ii as a result of the change, the damages awarded for future pecuniary loss will significantly over-compensate the injured person unless the right to receive the payments is suspended. 3 Where a period within which an application for suspension may be made is specified in the order, ordinarily the court may not suspend the right to receive the payments on an application made outwith that period. 4 But the court may— a allow a late application on cause shown by reference to delay in information becoming known to the applicant if it is satisfied that the delay is not attributable to something which the applicant unreasonably failed to do, b suspend the right to receive the payments despite subsection (3) if it is satisfied that there are exceptional circumstances justifying doing so. 5 A reference in this section to the injured person is to the person who suffered the injury in respect of which the order has been made. Variation or suspension of agreed periodical payments 2H 1 A court may vary an agreement to which subsection (2) applies, or suspend a right to receive periodical payments under such an agreement, in accordance with— a this section, and b any restrictions on the court's power to do so specified in the agreement. 2 This subsection applies to an agreement which— a has been made to settle a claim or action for damages in respect of personal injury, and b provides— i for the agreed damages attributed to future pecuniary loss to take wholly or partly the form of periodical payments, and ii that an application may be made to the court under this subsection in the event that at some definite or indefinite point in the future a change of a sort specified in the agreement occurs in the physical or mental condition of the injured person. 3 If the court is satisfied that the test in subsection (5) is met, it may— a vary the agreement by altering the terms relating to payments for future pecuniary loss, or b suspend the right to receive payments for future pecuniary loss under the agreement. 4 In varying the agreement under subsection (3)(a), the court may— a alter the terms on which periodical payments for future pecuniary loss are to be paid, in particular— i the amount that is to be paid as a periodical payment, ii the basis (if any) on which the amount of the payments is to adjust to reflect inflation, iii the frequency of the payments, iv the period during which the payments are to be made, v the method by which the payments are to be made, b award a lump sum instead of, or in addition to, any future periodical payments in respect of future pecuniary loss. 5 The test for the purpose of subsection (3) is that— a since the agreement was made, a change has occurred in the physical or mental condition of the injured person which is of a sort specified in the agreement as envisaged by subsection (2)(b)(ii), and b as a result of the change, the damages agreed for future pecuniary loss will significantly over- or under-compensate the injured person unless— i the agreement is varied, or ii the right to receive payments for future pecuniary loss under the agreement is suspended. 6 A reference in this section to the injured person is to the person who suffered the injury in respect of which the agreement has been made. Lifting of suspension of periodical payments 2I 1 A court which has suspended a person's right to receive periodical payments under section 2G or 2H may lift the suspension if it is satisfied that— a there has been a change in the physical or mental condition of the injured person since the right to receive the payments was suspended, and b the injured person will be significantly under-compensated unless the suspension is lifted. 2 A reference in this section to the injured person is to the person who suffered the injury in respect of which the order or (as the case be) the agreement in question has been made. . Liability for bearing expenses in case 5 After section 2I of the Damages Act 1996 (see section 4 of this Act) there is inserted— Liability for bearing certain expenses 2J 1 No court may make an award of expenses against the injured person in respect of any expenses which relate to— a qualifying proceedings, or b appeal proceedings. 2 The exception to this is where the injured person conducts the qualifying or (as the case may be) appeal proceedings otherwise than in an appropriate manner. 3 Qualifying proceedings are proceedings— a by virtue of section 2C(4), as to variation of an order, b by virtue of section 2F, as to variation of an order, c by virtue of section 2G, as to suspension of a right in relation to an order, d by virtue of section 2H as to variation of an agreement or as to suspension of a right in relation to an agreement, or e by virtue of section 2I— i as to lifting of a suspension of a right under section 2G in relation to an order, or ii as to lifting of a suspension of a right under section 2H in relation to an agreement. 4 Appeal proceedings are proceedings in an appeal arising from qualifying proceedings. 5 In the case of qualifying proceedings or appeal proceedings concerning something sought in relation to an agreement, the rule and the exception in this section about an award of expenses are subject to any wholly or partly different provision in the agreement that governs the matter of who is to bear any expenses of the kind covered by this section. 6 In the case of qualifying proceedings or appeal proceedings concerning something sought in relation to an order, the rule in this section about an award of expenses is subject to any further exceptions specified in an act of sederunt as mentioned in section 8(6) of the Civil Litigation Act. 7 The issue of whether the injured person conducts qualifying proceedings or appeal proceedings in an appropriate manner is to be determined in accordance with section 8(4) and (5) of the Civil Litigation Act (with the references there to the claim or proceedings to be read in connection with this section as if to the qualifying or (as the case may be) appeal proceedings). 8 This section is without prejudice to section 8(1) to (3) of, together with section 8(4) to (7) of, the Civil Litigation Act. 9 In this section— a a reference to the injured person— i is to the person who suffered the injury in respect of which the order or (as the case be) the agreement in question has been made, but ii includes someone representing or responsible for the interests of the injured person where the injured person is not a party in the qualifying or (as the case may be) appeal proceedings in the injured person's own name, b “ the Civil Litigation Act ” means the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. . Restriction on assignation by recipient 6 After section 4 of the Damages Act 1996 there is inserted— Periodical payments: restriction on assignation 4A 1 An assignation of a qualifying right to receive the portion of periodical payments which falls within the description in subsection (2) is of no effect unless the assignation is approved by the relevant court. 2 The portion with respect to subsection (1) is the portion of periodical payments which is identified, in the order or agreement under which the periodical payments in total are made, as relating wholly to expenditure likely to be incurred by or for the person as a result of the personal injury concerned. 3 Approval may be given by the relevant court in connection with subsection (1) only if it is satisfied that special circumstances make the assignation necessary. 4 Subsection (1) does not prevent a right to receive periodical payments from being assigned, without the relevant court's approval, to the scheme manager established under section 212 of the Financial Services and Markets Act 2000. 5 Subsection (1) does not apply if the order or agreement in question was made before the day on which section 6 of the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 comes into force. 6 For the purposes of this section, a qualifying right to receive periodical payments is a right to receive payments of that type which arises from (including as varied)— a an order made under section 2, b an agreement made pursuant to such an order, or c an agreement— i made to settle a claim or action for damages in respect of personal injury, and ii providing for the agreed damages attributed to future pecuniary loss to take wholly or partly the form of periodical payments. 7 The references in this section to the relevant court are— a in relation to an order under section 2, to the court which made the order, b in relation to an agreement mentioned in subsection (6)(b), to the court which made the order to which the agreement is pursuant, c in relation to an agreement mentioned in subsection (6)(c), to a court which could have heard the claim or action for the damages in respect of which the agreement was made. . Protection on occurrence of insolvency 7 1 After section 4A of the Damages Act 1996 (see section 6 of this Act) there is inserted— Periodical payments for future pecuniary loss: insolvency 4B 1 A trust deed which provides for the transfer to the trustee of a right to receive relevant periodical payments as described in subsection (4) cannot have protected status by virtue of section 163(1) of the Bankruptcy Act. 2 Under a protected trust deed as mentioned in section 163(1) of the Bankruptcy Act, a person cannot be required to pay to the trustee by way of a contribution from income the portion of periodical payments which falls within the description in subsection (5). 3 Where the estate of a person who has a right to receive periodical payments is sequestrated— a in the operation of the Bankruptcy Act— i relevant periodical payments as described in subsection (4) are to be treated as income, ii neither the right to receive relevant periodical payments as described in subsection (4), nor any property or arrangement designed to protect their continuity, is to be regarded as forming part of the person's estate, b a debtor contribution order under section 90(1) of the Bankruptcy Act may not require the portion of periodical payments which falls within the description in subsection (5) to be paid to the trustee. 4 The references in subsections (1) and (3)(a) to relevant periodical payments are to periodical payments awarded or agreed, or to periodical payments in so far as awarded or agreed, as damages for future pecuniary loss. 5 The portion with respect to subsections (2) and (3)(b) is the portion of periodical payments which is identified, in the order or agreement under which the periodical payments in total are made, as relating wholly to expenditure likely to be incurred by or for the person as a result of the personal injury concerned. 6 Subsections (1) to (3) do not apply if— a the right to receive the periodical payments has been assigned since the order or agreement giving rise to the right was made, and b the person who has the right to receive the periodical payments is not spending them for the benefit of the person who suffered the injury in respect of which that order or agreement was made. 7 Subsections (1) to (3) do not apply if the order or agreement in question was made before the day on which section 7 of the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 comes into force. 8 For the purposes of this section, periodical payments are payments of that type made, or to be made, by virtue of (including as varied)— a an order made under section 2, b an agreement made pursuant to such an order, or c an agreement made to settle a claim or action for damages in respect of personal injury. 9 In this section, “ the Bankruptcy Act ” means the Bankruptcy (Scotland) Act 2016. . 2 In section 78 of the Bankruptcy (Scotland) Act 2016, in subsection (2)— a the words “section 88” become paragraph (a), b after that paragraph (as so numbered) there is inserted , and b section 4B(3)(a) of the Damages Act 1996. . PART 3 Ancillary and final matters Ancillary provision 8 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision that they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 2 Regulations under subsection (1) may— a modify any enactment (including this Act), b make different provision for different purposes. 3 Regulations under subsection (1)— a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, b otherwise, are subject to the negative procedure. Commencement 9 1 These provisions come into force on the day after Royal Assent— a section 8, b this section and section 10. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under subsection (2) bringing into force any provisions containing any text referring to the day on which the provisions come into force may amend the text so that the text specifies the date on which the provisions actually come into force. 4 Regulations under subsection (2) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 10 The short title of this Act is the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019. SCHEDULE Investments: setting rate of return (introduced by section 2(1)) This is Schedule B1 for insertion into the Damages Act 1996— SCHEDULE B1 Setting the rate for section B1(1): Scotland (introduced by section B1(3)) Regular review of rates of return 1 1 The rate-assessor must review any original rate of return. 2 A review under sub-paragraph (1) must be started by the rate-assessor on the appointed day. 3 For the purpose of this paragraph— a an original rate of return is— i a rate of return to which paragraph 27(1) applies, or ii the position of there being no rate of return to which paragraph 27(1) applies, b the appointed day is the day on which the schedule of the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 comes into force. 2 1 The rate-assessor must review every subsequent rate of return. 2 A review under sub-paragraph (1) must be started by the rate-assessor— a on the day after the last day of the 5-year period, or b earlier within the 5-year period as is required by the Scottish Ministers. 3 Where a review under sub-paragraph (1) is started earlier by virtue of sub-paragraph (2)(b), it is to be treated as an extra review that does not affect the running of the 5-year period in relation to the previous review (and no 5-year period runs under sub-paragraph (2)(a) in relation to the extra review). 4 For the purpose of this paragraph— a a subsequent rate of return is a rate of return that is set— i for the time being (including by reason of an extra review as mentioned in sub-paragraph (3)), and ii subsequently to an original rate of return as described in paragraph 1(3)(a) (including as a result of a review under sub-paragraph (1) conducted from time to time by virtue of the continuing operation of sub-paragraph (2)(a) and (b)), b the 5-year period is the period of 5 years beginning with the day on which the previous review of a rate of return must be started (ignoring an extra review as mentioned in sub-paragraph (3)). 3 1 A review of a rate of return under paragraph 1(1) or 2(1) must be concluded by the rate-assessor within the 90-day period. 2 For the purpose of this paragraph, the 90-day period is the period of 90 days beginning with the day on which the review must be started by the rate-assessor. Overview as to rate-setting 4 1 The conduct by the rate-assessor of a review of a rate of return under paragraph 1(1) or 2(1) is governed by— a paragraphs 5 to 7, b paragraphs 9 and 10, c paragraphs 12 and 13, d paragraphs 19 to 21. 2 A rate of return is to be set as a result of a review under paragraph 1(1) or 2(1) accordingly (plus see paragraph 23 as to reporting afterwards on the conduct of such a review). 5 In a review under paragraph 1(1) or 2(1), the rate-assessor must determine whether a rate of return to be set is to be— a different from the rate of return with which the review is concerned, or b the same as the rate of return with which the review is concerned. 6 In a review under paragraph 1(1) or 2(1), the rate-assessor must have regard to views— a of any person whom the rate-assessor chooses to consult, and b of any person whose advice the rate-assessor chooses to seek, where received by the rate-assessor timeously in connection with the review. Returns-based assessment 7 1 The basis on which the rate-assessor is to make a rate determination in a review under paragraph 1(1) or 2(1) is as narrated in sub-paragraph (2). 2 A rate of return should reflect the return that could reasonably be expected to be achieved by a person who invests— a in the notional portfolio, and b for a period of 30 years. 3 This is without prejudice to paragraphs 10 and 20 (with paragraph 10 to be met before paragraph 20 is met). 4 For the notional portfolio, see the table in paragraph 12(3). 8 The Scottish Ministers may by regulations modify a period mentioned in paragraph 7(2). 9 1 Allowance must be made by the rate-assessor for the impact of inflation on the value of the return or investment to which paragraph 7(2) relates. 2 The impact of inflation is to be allowed for by reference to, whether indicating an upward or downward trend— a the retail prices index within the meaning of section 833(2) of the Income and Corporation Taxes Act 1988, or b some published information relating to costs, earnings or other monetary factors as is, for use instead of the retail prices index, prescribed in regulations made by the Scottish Ministers. Standard adjustments 10 1 The standard adjustments must be made by the rate-assessor to a rate of return that would be arrived at but for this paragraph. 2 The standard adjustments are the deduction of— a 0.75 of a percentage point, to represent— i the impact of taxation, and ii the costs of investment advice and management, and b 0.5 of a percentage point, as the further margin involved in relation to the rate of return. 11 1 The Scottish Ministers may by regulations modify a figure appearing in paragraph 10(2)(a) or (b) (and update the adjacent text so that percentage points are referred to correctly in the singular or plural). 2 A figure as so modified— a may be zero or a positive number, b if not a whole number (including zero), may comprise or incorporate a decimal fraction. Notional investment portfolio 12 1 As for the basis on which the rate-assessor is to proceed by virtue of paragraph 7(1), the notional portfolio is a combination of various types of things for investment in. 2 In the table— a the first column shows the types of things that the portfolio is composed of, b the second column shows the percentage that each of the types of things is of the portfolio. 3 Here is the table— cash or equivalents 10% nominal gilts 15% index-linked gilts 10% UK equities 7.5% overseas equities 12.5% high-yield bonds 5% investment-grade credit 30% property (heritable or moveable) 5% other types (see the examples) 5% 4 Examples of other types as mentioned at the bottom of the first column of the table are infrastructure, commodities, hedge funds and absolute return funds. 13 So far as necessary, if— a an entry in the first column of the table is not ascribed meaning by regulations under paragraph 14, or b any associated examples are not ascribed meaning by regulations under paragraph 14, the entry is or (as the case may be) examples are to be interpreted by the rate-assessor as appropriate by bringing to bear professional knowledge of what the relevant terminology is commonly understood to mean in investment contexts. Details within portfolio 14 The Scottish Ministers may by regulations ascribe meaning to— a an entry in the first column of the table in paragraph 12(3), b any associated examples. 15 1 The Scottish Ministers may by regulations— a as respects the first column of the table in paragraph 12(3), add, remove or modify an entry or any associated examples, b as respects the second column of the table— i add or remove a figure, ii modify a figure. 2 A figure so added, or as so modified— a may be zero or a positive number, b if not a whole number (including zero), may comprise or incorporate a decimal fraction. Hypothetical investor 16 1 Before a review under paragraph 2(1) is due to start, the Scottish Ministers must consider whether regulations under paragraph 14 or 15 are necessary for ensuring that the notional portfolio remains suitable for investment in by a hypothetical investor. In considering the matter, the Scottish Ministers must consult such persons as they consider appropriate. 2 In considering the matter, the Scottish Ministers must consult such persons as they consider appropriate. 3 No consideration of the matter is required ahead of an extra review as mentioned in paragraph 2(3). 4 For who is a hypothetical investor, see paragraph 17(1). 17 1 A hypothetical investor is someone who falls within each of sub-paragraphs (2) to (4). 2 That is, someone who— a is a recipient of damages, and b will— i invest the damages, and ii do so as properly advised. 3 That is, someone who— a has no financial resources, apart from the damages, that can be used to meet the losses and expenses for which the damages are awarded, and b will make withdrawals from the investment fund deriving from investment of the damages. 4 That is, someone whose objectives are of securing that the damages will— a meet the losses and expenses for which the damages are awarded, and b be exhausted at the end of the period for which the damages are awarded. 18 For the purpose of paragraphs 16 and 17— a a reference to damages is to damages of the kind mentioned in section B1(1), and b the damages are to be assumed to be received in a lump sum (rather than by way of periodical payments). Expression of rates set 19 1 A rate of return is to be set by the rate-assessor as a percentage figure. 2 The figure may be— a zero, or b a negative or positive number. 3 If the figure is not a whole number (including zero), the number is to comprise or incorporate a decimal fraction of 0.25, 0.5 or 0.75. 20 1 A rate of return that would be arrived at but for this paragraph is to be rounded up or down by the rate-assessor to the nearest figure permitted, if necessary so as to come to— a a whole number (including zero), or b a number comprising or incorporating a decimal fraction of 0.25, 0.5 or 0.75. 2 If two permitted figures are equally near when rounding under sub-paragraph (1) arises, rounding is to be to whichever of the figures is reached— a from the positive side of zero, by going towards (or to) zero, or b from the negative side of zero, by going further below zero. Single or multiple rates 21 1 Except where the Scottish Ministers by regulations require more than one rate of return to be set by the rate-assessor, a rate of return is to be set so as to have effect for all cases. 2 Where more than one rate of return is set for the time being by virtue of regulations under sub-paragraph (1), a review under paragraph 1(1) or 2(1) is to be conducted separately in relation to each rate of return (and a reference in paragraph 2(4)(b) to the previous review is to be read as necessary for this). 22 Regulations under paragraph 21(1) must— a specify the circumstances to which each rate of return is to relate, b require the rate-assessor's report under paragraph 23 to cover each rate of return separately. Reporting and effective date 23 1 After a review under paragraph 1(1) or 2(1) is concluded, the rate-assessor must send to the Scottish Ministers a report on the conduct of the review. 2 The report is to be sent to the Scottish Ministers without undue delay (and no later than on the last day of the 90-day period described in paragraph 3(2)). 3 The report is to— a include— i a rate determination made in the review, ii a summary of the calculation of the rate of return (which may be accompanied by explanatory or supporting material), b state the day on which the report is sent to the Scottish Ministers (and the day on which the review is concluded). 24 1 The Scottish Ministers must lay the report before the Scottish Parliament as soon as practicable after the day on which they receive the report from the rate-assessor. 2 The rate-assessor must publish the report on the same day as the report is laid before the Scottish Parliament by the Scottish Ministers. 25 A rate determination comes into effect at the beginning of the day after the day on which the report including the determination is laid before the Scottish Parliament by the Scottish Ministers. Reimbursement of costs 26 1 The Scottish Ministers must adequately reimburse the rate-assessor for costs, including as to staff and outlays, incurred by the rate-assessor in exercising the rate-assessor's functions with respect to a review under paragraph 1(1) or 2(1). 2 No reimbursement is owed under sub-paragraph (1) if the rate-assessor is part of the Scottish Administration. Transitional arrangements 27 1 This sub-paragraph applies to a rate of return— a prescribed by an order made under section 1(1) of the Damages Act 1996, and b having effect— i in relation to Scotland, and ii immediately before the appointed day. 2 A rate of return to which sub-paragraph (1) applies is to be treated from the appointed day as if it were set for the purpose of section B1(1). 3 For the purpose of this paragraph, the appointed day is the day on which the schedule of the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 comes into force. 28 1 A review under paragraph 1(1) of the position of there being no rate of return cannot cause the maintaining of that position, so in conducting such a review in relation to that position— a paragraphs 5(a) and 33(5)(a) are to be read as if referring to a rate of return of some sort, and b paragraphs 5(b) and 33(5)(b) are to be ignored. 2 On the question of a review under paragraph 1(1) of the position of there being no rate of return, see paragraph 1(3)(a)(ii). 29 1 Paragraph 6 extends to views received, in advance of the appointed day, in anticipation of the starting of a review under paragraph 1(1). 2 For the purpose of this paragraph, the appointed day is the day on which the schedule of the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 comes into force. 30 1 Paragraph 26 extends to costs incurred, in advance of the appointed day, in anticipation of the starting of a review under paragraph 1(1). 2 For the purpose of this paragraph, the appointed day is the day on which the schedule of the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 comes into force. Procedure for regulations 31 1 Regulations under this schedule may— a make provision to apply in all cases, or b make different provision for different circumstances. 2 Regulations under this schedule are subject to the affirmative procedure. Interpretation of schedule 32 In this schedule, a reference to the rate-assessor is to the official rate-assessor as mentioned in section B1(1). 33 1 Sub-paragraphs (2) to (5) are also for construing this schedule. 2 A rate of return is a rate of return for the purpose of section B1(1). 3 A rate of return is set as a result of a review under paragraph 1(1) or 2(1) on the making in the review of a rate determination by the rate-assessor. 4 A review of a rate of return under paragraph 1(1) or 2(1) is concluded when the rate-assessor makes a rate determination in the review. 5 A rate determination is a determination by the rate-assessor that is to be made in a review under paragraph 1(1) or 2(1) of what the new rate of return is, either— a different from the rate of return under review, or b the same as the rate of return under review. . S. 1 in force at 1.7.2019 by S.S.I. 2019/197 , reg. 2 Sch. in force at 1.7.2019 by S.S.I. 2019/197 , reg. 2 S. 2 in force at 1.7.2019 by S.S.I. 2019/197 , reg. 2
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[uk-legislation-asp][asp] 2024-05-05 Budget (Scotland) Act 2019
http://www.legislation.gov.uk/asp/2019/3/2020-03-25
http://www.legislation.gov.uk/asp/2019/3/2020-03-25 Budget (Scotland) Act 2019 An Act of the Scottish Parliament to make provision, for financial year 2019/20, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for the maximum amounts of borrowing by certain statutory bodies and for authorising the payment of sums out of the Fund; to make provision, for financial year 2020/21, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes. text text/xml en Statute Law Database 2020-07-06 Expert Participation 2020-03-25 Budget (Scotland) Act 2019 2019 asp 3 An Act of the Scottish Parliament to make provision, for financial year 2019/20, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for the maximum amounts of borrowing by certain statutory bodies and for authorising the payment of sums out of the Fund; to make provision, for financial year 2020/21, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 21st February 2019 and received Royal Assent on 29th March 2019 PART 1 Financial year 2019/20 Use of resources etc. The Scottish Administration 1 1 The Scottish Administration may use resources in financial year 2019/20 for the purposes specified in column 1 of schedule 1— a in the case of resources other than accruing resources, up to the amounts specified in the corresponding entries in column 2 of that schedule, b in the case of accruing resources, up to the amounts specified in the corresponding entries in column 3 of that schedule. 2 Despite paragraphs (a) and (b) of subsection (1), the resources which may be used for a purpose specified in column 1 may exceed the amount specified in the corresponding entry in column 2 or (as the case may be) column 3 if— a in the case of resources other than accruing resources, the first condition is met, b in the case of accruing resources, the second condition is met. 3 The first condition is that the total resources (other than accruing resources) used in financial year 2019/20 for all purposes specified in column 1 does not exceed the total of the amounts specified in column 2. 4 The second condition is that the total accruing resources used in financial year 2019/20 for all purposes specified in column 1 does not exceed the total of the amounts specified in column 3. Direct-funded bodies 2 1 A direct-funded body may use resources in financial year 2019/20 for the purposes specified in column 1 of schedule 2 in relation to the body. 2 Resources other than accruing resources may be used for those purposes up to the amounts specified in the corresponding entries in column 2 of that schedule. 3 Accruing resources may be used for those purposes up to the amounts specified in the corresponding entries in column 3 of that schedule. Borrowing by statutory bodies 3 In schedule 3, the amounts set out in column 2 are the amounts specified for financial year 2019/20 for the purposes of the enactments listed in the corresponding entries in column 1 (which make provision as to the net borrowing of the statutory bodies mentioned in that column). The Scottish Consolidated Fund Overall cash authorisations 4 1 For the purposes of section 4(2) of the PFA Act 2000, the overall cash authorisations for financial year 2019/20 are as follows. 2 In relation to the Scottish Administration, £38,353,712,000 . 3 In relation to the direct-funded bodies— a the Scottish Parliamentary Corporate Body, £91,740,000, b Audit Scotland, £7,269,000 . Contingency payments 5 1 This section applies where, in financial year 2019/20, it is proposed to pay out of the Scottish Consolidated Fund under section 65(1)(c) of the Scotland Act 1998— a for or in connection with expenditure of the Scottish Administration, a sum which does not fall within the amount specified in section 4(2) in relation to it, or b for or in connection with expenditure of a direct-funded body, a sum which does not fall within the amount specified in section 4(3) in relation to the body. 2 The sum may be paid out of the Fund only if its payment is authorised by the Scottish Ministers. 3 The Scottish Ministers may authorise payment of the sum only if they consider that— a the payment is necessarily required in the public interest to meet urgent expenditure for a purpose falling within section 65(2) of the Scotland Act 1998, and b it is not reasonably practicable, for reasons of urgency, to amend the overall cash authorisation by regulations under section 7. 4 But the Scottish Ministers must not authorise payment of the sum if it would result in an excess of sums paid out of the Fund over sums paid into the Fund. 5 The aggregate amount of the sums which the Scottish Ministers may authorise to be paid out of the Fund under this section must not exceed £50,000,000. 6 Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Scottish Parliament a report setting out the circumstances of the authorisation and why they considered it to be necessary. PART 2 Financial year 2020/21 Emergency arrangements 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Miscellaneous Amendment and repeal Budget revision regulations 7 1 The Scottish Ministers may by regulations amend— a the amounts specified in section 4(2) and (3), b schedules 1 to 3. 2 Regulations under this section are subject to the affirmative procedure. Repeal of spent provisions 8 Part 2 (financial year 2019/20) of the Budget (Scotland) Act 2018 is repealed. Final provisions Interpretation 9 1 In this Act, the “ PFA Act 2000 ” means the Public Finance and Accountability (Scotland) Act 2000. 2 References in this Act to accruing resources in relation to the Scottish Administration or a direct-funded body are to such resources accruing to the Administration or (as the case may be) that body in financial year 2019/20. 3 References in this Act to the direct-funded bodies are to the bodies listed in section 4(3) (and references to a direct-funded body are to either of those bodies). 4 Except where otherwise expressly provided, expressions used in this Act and in the PFA Act 2000 have the same meanings in this Act as they have in that Act. Commencement 10 This Act comes into force on the day after Royal Assent. Short title 11 The short title of this Act is the Budget (Scotland) Act 2019. SCHEDULE 1 The Scottish Administration (introduced by section 1) Purposes Amount of resources (other than accruing resources) Amount of accruing resources £ £ 1. Through their Health and Sport portfolio, for use by the Scottish Ministers on: operational and administrative costs; hospital and community health services; family health services, including local GP practices, pharmacy, dental and ophthalmic services; community care; mental health services; capital investment; health and social care integration outcomes framework; delivery of services by digital means and communication (eHealth); care, support and rights; early years; other health services; the Independent Living Fund Scotland; the Mental Welfare Commission; the Care Inspectorate; sportscotland; Active Healthy Lives. 14,587,204,000 2,050,000,000 2. Through their Communities and Local Government portfolio, for use by the Scottish Ministers on: operational and administrative costs; financial support to local authorities including the guaranteed combined general revenue grant, non-domestic rates income ; a general capital grant; other local authority capital grants for specific purposes including the Transfer of the Management of Development and Vacant and Derelict Land Fund ; housing support grant; other services, including discretionary payments under the Bellwin scheme covering floods, storms and other emergencies; grant assistance and funding of strategic contracts to increase the resilience and capacity of third sector organisations; planning; architecture; building standards; housing subsidies and guarantees; funding for domestic energy efficiency, insulation and refurbishment projects; repayment of debt and associated costs; other expenditure, contributions and grants relating to housing; activities relating to homelessness; research and publicity and other portfolio services; grants to local authorities and registered social landlords; loans to individuals; community engagement; regeneration programmes; community empowerment; participatory budgeting; social justice activities, including tackling poverty and inequality; grants and loans to organisations; expenditure and grant assistance in relation to public service reform and efficiency; funding for advice and advocacy services ... . 11,669,882,000 80,000,000 3. Through their Finance, Economy and Fair Work portfolio, for use by the Scottish Ministers on: operational and administrative costs; the running and capital costs of the Scottish Public Pensions Agency; expenditure on committees, commissions and other portfolio services; expenditure on corporate and central services; support for the running costs of Scottish Futures Trust Limited; grant in aid for Scottish Enterprise; industry and technology grants; sundry enterprise-related activities; expenditure in relation to the running costs of the Office of the Chief Economic Adviser; the Accountant in Bankruptcy; the Scottish National Investment Bank and the Building Scotland Fund; European Structural Fund grants to the Enterprise Networks, local authorities, further and higher education institutions, third sector bodies and other eligible bodies and organisations; costs of delivery and evaluation of European Structural Fund; Digital Strategy; expenditure in relation to the Office of Chief Statistician; funding for employment support programmes, learning opportunities, consumer policy related spend, workforce development and supporting fair work principles. 729,343,000 300,000,000 4. Through their Education and Skills portfolio, for use by the Scottish Ministers on: operational and administrative costs; schools; training and development of teachers; educational research, development and promotion; Scottish Attainment Challenge related programmes; provision of Pupil Equity Funding; supporting implementation of education reforms; the Gaelic language; Bòrd na Gàidhlig; Gaelic Media Service (MG Alba); qualifications, assessment and skills; funding of Education Scotland, Disclosure Scotland and Additional Support Needs Tribunals for Scotland; funding expansion of early learning and childcare; child protection and care for looked after and vulnerable children; youth work, including youth justice and associated social work services; parenting and play; support for families with severely disabled children; early intervention funding for the third sector through the Children, Young People and Families Early Intervention and Adult Learning and Empowering Communities Fund; running costs of the Scottish Child Abuse Inquiry; running costs of the Care Review; financial redress for survivors of child abuse in care; central government grants to local authorities; grant in aid for the Scottish Further and Higher Education Funding Council, Scottish Qualifications Authority, Children's Hearings Scotland, Scottish Children's Reporter Administration and Scottish Social Services Council; grant in aid for Skills Development Scotland; funding for the Student Awards Agency for Scotland and related costs, including the Student Loan Scheme; Enterprise in Education; activities associated with the Chief Scientific Adviser for Scotland and the promotion of science; international and other educational services; funding for international college and university activities; sundry lifelong learning activities; funding activities for young people to develop skills in connection with training and work; the provision of Education Maintenance Allowances. 4,121,671,000 350,000,000 5. Through their Justice portfolio, for use by the Scottish Ministers on: operational and administrative costs; legal aid, including the running costs of the Scottish Legal Aid Board; criminal injuries compensation (including administration); certain services relating to crime, including the Parole Board for Scotland; the Scottish Prison Service; the Scottish Criminal Cases Review Commission; the Risk Management Authority; the Scottish Police Authority and Police Investigations and Review Commissioner; additional police services; the Scottish Fire and Rescue Service; the payment of police and fire pensions; Scottish Resilience; cyber resilience; central government grants to local authorities for criminal justice social work; measures to create safer and stronger communities, including Community Justice Scotland; miscellaneous services relating to the administration of justice; community justice services; court services, including judicial pensions; certain legal services; costs and fees in connection with legal proceedings; support for victims and witnesses; victims of human trafficking and addressing violence against women and girls; preparatory work for Brexit, including preparatory work on the consequences for the Scottish legal system, the transition to comprehensive new arrangements for civil judicial co-operation and continued security, law enforcement and criminal justice co-operation. 2,800,177,000 39,700,000 6. Through their Transport, Infrastructure and Connectivity portfolio, for use by the Scottish Ministers on: operational and administrative costs; support for passenger rail services, rail infrastructure and associated rail services; support for the development and delivery of concessionary travel schemes; funding for major public transport projects; the running costs of Transport Scotland; funding for the Strategic Transport Projects Review; funding for travel information services; the maintenance and enhancement of the trunk road network; support for ferry services, loans and grants relating to vessel construction or procurement, grants for pier, harbour and other port infrastructure; support for Highlands and Islands Airports Limited; support for air services and funding for the Air Discount Scheme; support for the bus industry; support for the Tay Road Bridge Joint Board; support for the freight industry; support for Scottish Canals; funding to promote sustainable and active travel; contributing to the running costs of Regional Transport Partnerships and other bodies associated with the transport sector; funding for road safety; costs in relation to funding the office of the Scottish Road Works Commissioner; costs related to public inquiries; digital and broadband connectivity; energy-related activities; city and regional growth deals; central government grants to local authorities. 2,960,651,000 100,000,000 7. Through their Environment, Climate Change and Land Reform portfolio, for use by the Scottish Ministers on: operational and administrative costs; advisory, research and development services; spend on waste prevention and management; preparatory work for Brexit; botanical and scientific services; assistance to production, marketing and processing; administration, land management and other agricultural services; core marine functions involving scientific research , compliance, policy and management of Scotland’s seas, representing Scotland’s interests in relation to common fisheries policy, international fisheries policy, international fisheries negotiation and aquaculture and freshwater policy, administration of all marine consents required for depositing substances at sea, coastal protection and offshore renewables and sponsorship of Crown Estate Scotland ; natural heritage; environment protection; other environmental expenditure; flood prevention; coastal protection; air quality monitoring; climate change activities, including the Land Managers' Renewables Fund; the Scottish Land Commission; water grants, including to the Water Industry Commission for Scotland and funding for the Drinking Water Quality Regulator for Scotland; loans to Scottish Water and Scottish Water Business Stream Holdings Limited. 476,131,000 500,000,000 8. Through their Rural Economy portfolio, for use by the Scottish Ministers on: operational and administrative costs; market support, including grants in relation to agriculture and food and drink ; support for agriculture in special areas, including grants for rural development; rural development generally; agri-environmental and farm woodland measures; compensation to sheep producers; animal health; agricultural education; administration of the European Maritime and Fisheries Fund and the emergency harbour grants scheme ; rural affairs; support for crofting communities, including the crofting environment; grant in aid for Highlands and Islands Enterprise; South of Scotland Enterprise; Scottish Forestry; Forestry and Land Scotland; the promotion of forestry and land management, including advising on the development and delivery of forestry policy; regulating the forestry sector and supporting it through grants; managing the national forest estate. 392,920,000 800,000,000 9. Through their Culture, Tourism and External Affairs portfolio, for use by the Scottish Ministers on: operational and administrative costs; support for the arts, culture and creativity in Scotland; cultural organisations; the creative industries; central government grants to non-departmental public bodies, local authorities and other bodies and organisations; tourism; international relations; protecting Scotland's place in Europe; development assistance; Historic Environment Scotland. 285,657,000 100,000,000 10. Through their Social Security and Older People portfolio, for use by the Scottish Ministers on: operational and administrative costs; funding to support the development, design and implementation of social security powers and Social Security Scotland; funding to establish the Scottish Commission on Social Security; funding of payments of social security assistance; funding to tackle poverty; grant assistance; funding of strategic contracts; expenditure relating to equality and human rights issues; expenditure relating to tackling hate crime; expenditure relating to community support, resilience and engagement. 543,234,000 10,000,000 11. Through their Government Business and Constitutional Relations portfolio, for use by the Scottish Ministers on: operational and administrative costs; funding to support electoral administration; funding of the Local Government Boundary Commission for Scotland; funding to support social research and analysis; funding to support Royal and ceremonial activity; funding to support implementation of extension of Freedom of Information legislation; costs associated with the functions of the Queen's Printer for Scotland. 14,923,000 Nil 12. For use by the Lord Advocate, through the Crown Office and Procurator Fiscal Service ..., on: operational and administrative costs relating to the investigation and prosecution of crime and the investigation of deaths; operational and administrative costs in relation to functions in respect of extradition; operational and administrative costs relating to the United Kingdom’s withdrawal from the European Union ; fees paid to Advocate Deputes, temporary procurators fiscal and ad hoc Advocate Deputes ; witness expenses; victim expenses where applicable; other costs associated with Crown prosecutions and cases brought under the Proceeds of Crime Act 2002; and for use by the Crown Agent for the office of the Queen’s and Lord Treasurer’s Remembrancer (including special payments made in relation to intestate estates which fall to the Crown as ultimate heir) . 134,061,000 2,000,000 13. Through the National Records of Scotland, for use by the Scottish Ministers, the Registrar General of Births, Deaths and Marriages for Scotland and the Keeper of the Records of Scotland on: operational and administrative costs (including costs associated with running the ScotlandsPeople Centre and delivery of Scotland's Census). 43,872,000 9,800,000 14. For use by the Office of the Scottish Charity Regulator on: operational and administrative costs. 3,375,000 Nil 15. For use by the Scottish Housing Regulator on: operational and administrative costs. 4,607,000 Nil 16. For use by the Scottish Courts and Tribunals Service on: operational and administrative costs. 141,172,000 46,000,000 17. For use by the Scottish Fiscal Commission on: operational and administrative costs. 1,933,000 Nil 18. For use by Revenue Scotland on: operational and administrative costs. 8,815,000 Nil 19. For use by Food Standards Scotland on: operational and administrative costs, including research, monitoring and surveillance and public information and awareness relating to food safety, standards and improving diet; protecting the other interests of consumers in relation to food. 18,853,000 4,000,000 20. For use by the Scottish Ministers on: pensions, allowances, gratuities etc. payable in respect of the teachers' and national health service pension schemes. 5,139,600,000 2,700,000,000 21. For use by the Registers of Scotland on: operational and administrative costs. 0 Nil Total of amounts of resources: 44,078,081,000 7,091, 500,000 SCHEDULE 2 Direct-funded bodies (introduced by section 2) Purpose Amount of resources other than accruing resources Amount of accruing resources £ £ 1. For use by the Scottish Parliamentary Corporate Body on: operational and administrative costs of the Scottish Parliament; payments in respect of the Commissioner for Ethical Standards in Public Life in Scotland, the Standards Commission for Scotland, the Scottish Public Services Ombudsman, the Scottish Information Commissioner, the Scottish Commission for Human Rights and the Commissioner for Children and Young People in Scotland; any other payments relating to the Scottish Parliament. 107,562,000 1,000,000 2. For use by Audit Scotland on: the exercise of its functions, including assistance and support to the Auditor General for Scotland and the Accounts Commission for Scotland; other audit work for public bodies; payment of pension to the former Auditor General for Scotland; payment of pensions to former Local Government Ombudsmen and their staff. 17,592,000 22,000,000 SCHEDULE 3 Borrowing by statutory bodies (introduced by section 3) Enactment Amount £ 1. Section 25 of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise). 10,000,000 2. Section 26 of that Act (Highlands and Islands Enterprise). 1,000,000 3. Section 48 of the Environment Act 1995 (Scottish Environment Protection Agency). Nil 4. Section 42B of the Water Industry (Scotland) Act 2002 (Scottish Water). 256,700,000 5. Section 14 of the Water Services etc. (Scotland) Act 2005 (Scottish Water Business Stream Holdings Limited). Nil Words in sch. 1 substituted (26.11.2019) by The Budget (Scotland) Act 2019 Amendment Regulations 2019 (S.S.I. 2019/402) , regs. 1(1) , 3(2)(a) Words in sch. 1 inserted (26.11.2019) by The Budget (Scotland) Act 2019 Amendment Regulations 2019 (S.S.I. 2019/402) , regs. 1(1) , 3(2)(b) Sum in sch. 1 substituted (26.11.2019) by The Budget (Scotland) Act 2019 Amendment Regulations 2019 (S.S.I. 2019/402) , regs. 1(1) , 3(3)(n) Sum in sch. 1 substituted (26.11.2019) by The Budget (Scotland) Act 2019 Amendment Regulations 2019 (S.S.I. 2019/402) , regs. 1(1) , 3(3)(o) Sum in sch. 1 substituted (26.11.2019) by The Budget (Scotland) Act 2019 Amendment Regulations 2019 (S.S.I. 2019/402) , regs. 1(1) , 3(3)(q) Sum in sch. 1 substituted (26.11.2019) by The Budget (Scotland) Act 2019 Amendment Regulations 2019 (S.S.I. 2019/402) , regs. 1(1) , 3(4)(a) Sum in s. 4(3)(b) substituted (26.11.2019) by The Budget (Scotland) Act 2019 Amendment Regulations 2019 (S.S.I. 2019/402) , regs. 1(1) , 2(c) Pt. 2 repealed (19.3.2020) by Budget (Scotland) Act 2020 (asp 5) , ss. 8 , 10 Sch. 1: semi-colon substituted for word (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(a)(i) Words in sch. 1 omitted (25.3.2020) by virtue of The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(a)(ii) Words in sch. 1 inserted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(b) Words in sch. 1 inserted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(c) Words in sch. 1 inserted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(d) Words in sch. 1 inserted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(e) Words in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(f) Words in sch. 1 inserted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(g)(i) Words in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(g)(ii) Words in sch. 1 inserted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(g)(iii) Words in sch. 1 omitted (25.3.2020) by virtue of The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(h)(i) Words in sch. 1 inserted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(h)(ii) Words in sch. 1 inserted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(h)(iii) Words in sch. 1 inserted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(h)(iv) Words in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(h)(v) Words in sch. 1 inserted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(2)(i) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(a) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(b) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(c) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(d) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(e) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(f) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(g) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(h) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(i) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(j) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(k) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(l) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(m) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(n) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(o) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(p) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(q) Sum in sch. 1 inserted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(r) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(3)(s) Sum in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(4)(a) Word in sch. 1 inserted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(4)(b) Words in sch. 1 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 3(4)(c) Sum in sch. 2 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 4(2) Sum in sch. 2 substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 4(3) Sum in s. 4(2) substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 2(a) Sum in s. 4(3)(a) substituted (25.3.2020) by The Budget (Scotland) Act 2019 Amendment Regulations 2020 (S.S.I. 2020/91) , regs. 1(2) , 2(b)
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[uk-legislation-asp][asp] 2024-05-05 Housing (Amendment) (Scotland) Act 2018
http://www.legislation.gov.uk/asp/2018/13/2019-03-08
http://www.legislation.gov.uk/asp/2018/13/2019-03-08 Housing (Amendment) (Scotland) Act 2018 An Act of the Scottish Parliament to amend the law on the regulation of social landlords and to reduce the influence of local authorities over registered social landlords. text text/xml en Statute Law Database 2019-06-14 Expert Participation 2019-03-08 Housing (Amendment) (Scotland) Act 2018 2018 asp 13 An Act of the Scottish Parliament to amend the law on the regulation of social landlords and to reduce the influence of local authorities over registered social landlords. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 31st May 2018 and received Royal Assent on 6th July 2018 Regulatory intervention by Scottish Housing Regulator Managers appointed by, or on the requirement of, the Scottish Housing Regulator 1 1 The Housing (Scotland) Act 2010 is amended as follows. 2 In section 57 (appointment of manager for housing activities)— a in subsection (1)— i in paragraph (a), for “is, or is at risk of,” substitute “ has failed, or is ” , ii in paragraph (b), for “to an appropriate standard” substitute “ in a way that will rectify the failure ” , b in subsection (2), for paragraphs (a) and (b) substitute “ to manage the landlord's housing activities generally, or such aspects of those activities as are necessary, for the purpose of rectifying the failure which the Regulator considers requires the appointment of the manager. ” . 3 In section 58 (appointment of manager for financial or other affairs)— a for subsection (1) substitute— 1 This section applies where the Regulator, having made inquiries or otherwise, considers— a that a registered social landlord has failed, or is failing, to comply with— i a duty imposed by this Act or by any other enactment, or ii a requirement imposed on the landlord by the Regulator under this Act or any other enactment, and b that a person needs to be appointed in order to ensure that the landlord manages its financial or other affairs in a way that will rectify the failure. , b in subsection (2), for paragraphs (a) and (b) substitute “ to manage the landlord's financial or other affairs generally, or such aspects of those affairs as are necessary, for the purpose of rectifying the failure which the Regulator considers requires the appointment of the manager. ” . 4 In section 59 (appointment of manager under section 57 or 58: supplementary)— a in subsection (1), after “including” insert “ , subject to subsection (1A), ” , b after subsection (1) insert— 1A The appointment is to be only for so long as is necessary to rectify the failure which gave rise to the manager's appointment. , c for subsection (4) substitute— 4 The Regulator may give a manager directions about the rectification of the failure which gave rise to the manager's appointment. 4A The manager— a must comply with such directions, b may be removed by the Regulator on failure to so comply. . 5 In section 87 (extra powers of manager of registered society appointed by the Scottish Housing Regulator)— a in subsection (3), for “section 50 of the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12)” substitute “ section 109 of the Co-operative and Community Benefit Societies Act 2014 ” , b in subsection (4), for “section 51 or 52 of the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12) (and, in particular, has effect subject to section 54 of that Act)” substitute “ section 110 or 112 of the Co-operative and Community Benefit Societies Act 2014 ” . Registered social landlords: removal, suspension and appointment of officers etc. 2 1 The Housing (Scotland) Act 2010 is further amended as follows. 2 In section 60 (general power to remove officers), in subsection (1), for paragraph (e) substitute— e is, because of absence or other failure to act, failing to ensure that the registered social landlord is complying with— i a duty imposed by this Act or by any other enactment, ii a requirement imposed on the landlord by the Regulator under this Act or any other enactment. . 3 In section 61 (suspension of officers etc. during or following inquiries), in subsection (1), for paragraphs (a) to (c) substitute— a that the registered social landlord has failed, or is failing, to comply with— i a duty imposed by this Act or by any other enactment, or ii a requirement imposed on the landlord by the Regulator under this Act or any other enactment, relating to its housing activities or its financial or other affairs, . 4 In section 62 (removal of officers etc. following inquiries), in subsection (1), for paragraphs (a) to (c) substitute— a that the registered social landlord has failed, or is failing, to comply with— i a duty imposed by this Act or by any other enactment, or ii a requirement imposed on the landlord by the Regulator under this Act or any other enactment, relating to its housing activities or its financial or other affairs, . 5 In section 63 (responsible individuals), “misconduct, mismanagement,” is repealed. 6 In section 65 (appointment of new officers)— a in subsection (1)(d), for “for the proper management of the registered social landlord's” substitute to rectify a failure by the registered social landlord to comply with— i a duty imposed by this Act or by any other enactment, or ii a requirement imposed on the landlord by the Regulator under this Act or any other enactment, relating to its , b in subsection (2), after “including” insert “ , subject to subsection (2A), ” , c after subsection (2) insert— 2A Where the officer is appointed by virtue of subsection (1)(d) to rectify a failure to comply with a duty or requirement, the appointment is to be only for so long as is necessary to so rectify the failure. , d in subsection (4), for “The” substitute “ Subject to subsection (4A), the ” , e after that subsection insert— 4A Where the officer was appointed by virtue of subsection (1)(d), subsection (2A) applies to the renewal of the appointment as it applies to the appointment. . 7 In section 165 (interpretation), in the definition of “officer”, in paragraph (b), for “section 74 of that Act” substitute “ section 149 of the Co-operative and Community Benefit Societies Act 2014 ” . Disposal of land etc. by registered social landlords Disposal of land or other assets by registered social landlord 3 1 The Housing (Scotland) Act 2010 is further amended as follows. 2 In section 78 (effect of moratorium on disposal of registered social landlord's land), in subsection (2)(b), for “for which the Regulator's consent is not required because of section 108” substitute “ of a type mentioned in paragraphs (a) to (g) and (i) to (k) of section 108(1) ” . 3 For section 107 (power to dispose of land or assets) substitute— Restrictions on power to dispose of land 107 1 A registered social landlord may make a disposal of land to which subsection (2) applies only if the landlord complies with section 110 in relation to the disposal. 2 This subsection applies to a disposal of land, other than a disposal by way of granting security over the land or any interest in it, which will not result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the landlord making the disposal. 3 A registered social landlord may make a disposal of land to which subsection (4) applies only if–– a the landlord complies with sections 115 to 120 in relation to the disposal, and b a majority of tenants— i voting in a ballot in relation to the disposal under section 115A(1)(a) wish the disposal to proceed, or, as the case may be, ii whose written agreement to the disposal was sought under section 115A(1)(b) have given that agreement. 4 This subsection applies to a disposal of land which will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the landlord making the disposal. 5 This section does not apply where section 108 applies to the disposal. . 4 In section 108 (disposals not requiring consent), in subsection (1)— a for “The Regulator's consent under this Part is not required for” substitute “ This section applies to ” , b in paragraph (j), for “for which the Regulator's consent is required under Part 8” substitute “ in relation to which Part 8 applies ” . 5 The title of section 108 becomes “ Disposals not subject to section 107 ” . 6 In section 109 (notification where disposal consent not required), for subsections (1) and (2) substitute— 1 A registered social landlord must notify the Regulator of any disposal of land or any other asset as soon as reasonably practicable (and, where section 107(4) applies, no later than 28 days) after the disposal is made. 2 The Regulator may make a determination— a dispensing with the notification requirement in subsection (1), b where section 107(4) applies, extending the period mentioned in that subsection. . 7 The title of section 109 becomes “ Notification of disposals ” . 8 In section 110 (tenant consultation: other disposals)— a for subsection (1) substitute— 1 This section applies in relation to disposals of land by registered social landlords to which section 107(2) applies. , b in subsection (2), after “must” insert “ , before making such a disposal ” , c after subsection (2) insert— 3 The Regulator must issue guidance in relation to consultation under subsection (2). 4 A registered social landlord must, in consulting tenants or other persons under subsection (2)(a), have regard to guidance issued by the Regulator under subsection (3). . 9 The title of section 110 becomes “ Tenant consultation where no change of landlord ” . 10 For section 111 (effect of disposals without consent) substitute— Effect of disposals in breach of section 107 111 1 A disposal of land by a registered social landlord to which section 107(2) applies is void if the landlord did not comply with section 110(2)(a). 2 A disposal of land by a registered social landlord to which section 107(4) applies is void if— a the landlord did not comply with section 115 or 115A(1), or b a majority of tenants— i voting in a ballot in relation to the disposal under section 115A(1)(a) did not wish the disposal to proceed, or, as the case may be, ii whose written agreement to the disposal was sought under section 115A(1)(b) did not give that agreement. . Special procedure where disposal results in change of landlord 4 1 The Housing (Scotland) Act 2010 is further amended as follows. 2 In section 113 (disposals resulting in change of landlord)— a in subsection (1), for paragraphs (a) and (b), substitute “ to which section 107(4) applies. ” , b subsection (2) is repealed. 3 Section 114 is repealed. 4 In section 115 (consultation with tenants)— a in subsection (1), “, after a direction given by the Regulator under section 114,” is repealed, b in subsection (2)— i in paragraph (a), sub-paragraph (ii) (and “and” immediately preceding it) is repealed, ii in paragraph (b), for “Regulator's consent” substitute “ approval of tenants by way of ballot or written agreement ” . 5 After section 115 insert— Tenant approval 115A 1 A registered social landlord must, in relation to a proposed disposal— a conduct a ballot of tenants of houses included in the proposed disposal on the question of whether the tenants wish the disposal to proceed, or b seek the written agreement of the tenants of houses included in the proposed disposal to the disposal. 2 The registered social landlord must— a as soon as reasonably practicable after the ballot is completed or, as the case may be, the period for the giving of written agreement has expired, and b before making the disposal, notify the Regulator of the results of the ballot or, as the case may be, the number of written agreements sought and the number given. Guidance 115B 1 The Regulator must issue guidance in relation to tenant consultation and approval under sections 115 and 115A. 2 Guidance issued under subsection (1) may in particular include guidance as to— a how notices under section 115(1) and (2) are to be served and the information to be contained in such notices, b the consideration to be given to timeous representations made in pursuance of a notice served under section 115(1), c the circumstances in which the approval of tenants under section 115A is to be sought by way of— i ballot, ii written agreement, d how such ballots are to be conducted and how such written agreements are to be sought and given. 3 A registered social landlord must, in complying with sections 115 and 115A, have regard to guidance issued by the Regulator under subsection (1). . 6 Sections 116 to 119 are repealed. 7 In section 120 (unaffected tenants)— a in subsection (2)— i in paragraph (b), for “section 118” substitute “ section 115A(1)(a) ” , ii for paragraph (c) substitute— c need not seek the agreement of an unaffected tenant when seeking written agreement under section 115A(1)(b). , b in subsection (3), for “Regulator” where it first occurs to the end substitute “ registered social landlord must confirm that the tenants concerned have all vacated the houses concerned when notifying the Regulator under section 115A(2) ” . 8 Sections 121 and 122 are repealed. Organisational changes affecting registered social landlords Change of name, office or constitution by registered social landlord 5 1 The Housing (Scotland) Act 2010 is further amended as follows. 2 For section 92 (change of name or office) substitute— Change of name, office or constitution 92 A registered social landlord must give the Regulator notice of— a any change to— i its name, or ii its registered or principal office, b any amendment to its constitution (other than a change of name or office), within 28 days of the change or amendment being made. . 3 Sections 93 to 95 are repealed. Restructuring, winding up and dissolution of registered social landlord 6 1 The Housing (Scotland) Act 2010 is further amended as follows. 2 In section 96 (restructuring, winding up and dissolution of registered societies), subsections (2) and (3) are repealed. 3 After that section insert— Proposed restructuring of society 96A 1 This section applies where the society proposes to pass a special resolution for the purposes of a restructuring provision where the restructuring— a will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the society proposing the restructuring, and b is a restructuring other than the conversion of the society into a company in accordance with section 112 of the Co-operative and Community Benefit Societies Act 2014. 2 The society must comply with sections 115 to 120 (as applied by subsection (3)) in relation to the proposed restructuring. 3 Sections 115 to 120 apply in relation to a proposed restructuring to which this section applies as they apply in relation to a proposed disposal to which section 107(4) applies, subject to the modification that section 115A(2) has effect as if, for paragraph (b), there were substituted—“(b)before notice of a meeting at which the special resolution is intended to be proposed is given under section 111 or, as the case may be, 113 of the Co-operative and Community Benefit Societies Act 2014,”. 4 In this section and section 97, “ restructuring provision ” means any of the following provisions of the Co-operative and Community Benefit Societies Act 2014— a section 109 (amalgamation), b section 110 (transfer of engagements), c section 112 (conversion into or amalgamation with registered company). . 4 For section 97 (restructuring of registered society) substitute— Restructuring of society 97 1 This section applies in relation to a special resolution passed by the society for the purposes of a restructuring provision. 2 Where the restructuring to which the special resolution relates is one to which section 96A applies, the Financial Conduct Authority may register the special resolution only if— a the society confirms the matters mentioned in subsection (3), and b a copy of the confirmation accompanies the copy special resolution sent to the Financial Conduct Authority for the purposes of the Co-operative and Community Benefit Societies Act 2014. 3 Those matters are that, before the special resolution was passed— a the society complied with sections 115 and 115A(1) (as applied by section 96A(3)), and b a majority of tenants— i voting in a ballot conducted under section 115A(1)(a) wish the restructuring to proceed, or, as the case may be, ii whose written agreement to the restructuring was sought under section 115A(1)(b) have given that agreement. 4 The society must, as soon as reasonably practicable after sending the copy special resolution to the Financial Conduct Authority (and, in a case to which subsection (2) applies, no later than 28 days after doing so), give notice of the restructuring to the Regulator. 5 Any new body created, or to whom engagements are transferred, in pursuance of such a special resolution is to be included in the register (and is to be treated as so included pending such inclusion). . 5 For section 98 (voluntary winding up of registered society) substitute–– Voluntary winding up of society 98 1 This section applies in relation to the voluntary winding up of the society under the Insolvency Act 1986. 2 The society must consult its tenants in relation to the proposed voluntary winding up before passing a resolution for the winding up of the society. 3 Such a resolution is valid only if— a the society confirms that it consulted its tenants as mentioned in subsection (2), and b a copy of the confirmation accompanies the copy resolution sent to the Financial Conduct Authority for the purposes of section 30 of the Companies Act 2006 (as applied by virtue of section 123 of the Co-operative and Community Benefit Societies Act 2014 and section 84(3) of the Insolvency Act 1986). 4 The society must, as soon as reasonably practicable after sending the copy resolution to the Financial Conduct Authority, give notice of the voluntary winding up to the Regulator. 5 The Regulator must issue guidance in relation to consultation for the purpose of subsection (2). 6 A society must, in consulting tenants for that purpose, have regard to guidance issued under subsection (5). . 6 For section 99 (dissolution of registered society) substitute— Dissolution of society 99 1 This section applies where the society proposes an instrument of dissolution of the society (within the meaning of section 119 of the Co-operative and Community Benefit Societies Act 2014). 2 The society must consult its tenants in relation to the proposed dissolution before seeking the approval of the instrument for the purposes of section 119 of that Act. 3 The Financial Conduct Authority may register an instrument of dissolution of the society under section 121 of the Co-operative and Community Benefit Societies Act 2014, or cause notice of the dissolution to be advertised under section 122 of that Act, only if— a the society confirms that it consulted its tenants as mentioned in subsection (2), and b a copy of the confirmation accompanies the instrument sent to the Financial Conduct Authority for the purposes of section 121 of that Act. 4 The society must, as soon as reasonably practicable after sending the instrument to the Financial Conduct Authority, give notice of the dissolution to the Regulator. 5 The Regulator must issue guidance in relation to consultation for the purpose of subsection (2). 6 A society must, in consulting tenants for that purpose, have regard to guidance issued under subsection (5). . 7 In section 100 (restructuring and winding up of registered social landlords which are companies), subsections (2) and (3) are repealed. 8 After that section insert— Restructuring by company: proposed restructuring 100A 1 This section applies where— a a court order is made in respect of the company under section 896 of the Companies Act 2006, b the meeting summoned by the court order is to agree a restructuring of a type mentioned in section 900(1) of that Act, and c the restructuring— i will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the company in respect of which the order is made, and ii that company is not being wound up and is not in administration. 2 The company must comply with sections 115 to 120 (as applied by subsection (3)) in relation to the proposed restructuring. 3 Sections 115 to 120 apply in relation to a proposed restructuring to which this section applies as they apply in relation to a proposed disposal to which section 107(4) applies, subject to the modification that section 115A(2) has effect as if, for paragraph (b), there were substituted— b before the meeting summoned by the court order under section 896 of the Companies Act 2006 takes place, . . 9 For section 101 (restructuring of company) substitute— Restructuring of company 101 1 This section applies where— a a court order is made in respect of a company under section 899 or 900 of the Companies Act 2006, and b the restructuring to which the order relates is of a type mentioned in section 900(1) of that Act. 2 Where section 100A applies in relation to a restructuring, a court order mentioned in subsection (1) in relation to the same restructuring has effect only if— a the company confirms the matters mentioned in subsection (3), and b a copy of the confirmation accompanies the copy of the order delivered to the registrar of companies in accordance with section 900(6) of the Companies Act 2006. 3 The matters are that, before the order was made— a the company complied with sections 115 and 115A(1) (as applied by section 100A(3)), and b a majority of tenants— i voting in a ballot conducted under section 115A(1)(a) wish the restructuring to proceed, or, as the case may be, ii whose written agreement to the restructuring was sought under section 115A(1)(b) have given that agreement. 4 The company must, as soon as reasonably practicable after the order is made (and, in a case to which subsection (2) applies, no later than 28 days after that event), give notice of the restructuring to the Regulator. 5 Where the whole or any part of the undertaking and property and liabilities of the company are transferred to another company in pursuance of an order under section 900 of the Companies Act 2006, that other company is to be included in the register (and is to be treated as so included pending such inclusion). . 10 For section 102 (conversion of company into registered society) substitute— Conversion of company into a registered society 102 1 This section applies in relation to the conversion of the company into a registered society under section 115 of the Co-operative and Community Benefit Societies Act 2014. 2 The company must consult its tenants on the proposed conversion before passing a special resolution for the conversion of the company into a registered society under section 115 of that Act. 3 Such a special resolution has effect only if— a the company confirms that it consulted its tenants as mentioned in subsection (2), and b a copy of the confirmation accompanies the resolution sent to the registrar of companies in accordance with section 115(5) of the Co-operative and Community Benefit Societies Act 2014. 4 The company must, as soon as reasonably practicable after sending the resolution to the registrar of companies, give notice of the conversion to the Regulator. 5 The new registered society created in pursuance of the resolution is to be included in the register (and is to be treated as so included pending such inclusion). 6 The Regulator must issue guidance in relation to consultation for the purpose of subsection (2). 7 A company must, in consulting tenants for that purpose, have regard to guidance issued under subsection (6). . 11 For section 103 (company voluntary arrangement) substitute— Company voluntary arrangement 103 1 This section applies in relation to a voluntary arrangement under Part 1 of the Insolvency Act 1986 in relation to the company. 2 The company must consult its tenants about the voluntary arrangement before the arrangement is approved under section 4 of that Act. 3 Such a voluntary arrangement does not take effect under section 5 of the Insolvency Act 1986 unless the company has consulted its tenants as mentioned in subsection (2). 4 The company must, as soon as reasonably practicable after the voluntary arrangement takes effect, give notice of the arrangement to the Regulator. 5 The Regulator must issue guidance in relation to consultation for the purpose of subsection (2). 6 A company must, in consulting tenants for that purpose, have regard to guidance issued under subsection (5). . 12 For section 104 (voluntary winding up of company) substitute— Voluntary winding up of company 104 1 This section applies in relation to the voluntary winding up of the company under the Insolvency Act 1986. 2 The company must consult its tenants on the proposed winding up before passing a special resolution for the winding up of the company under that Act. 3 Such a special resolution is valid only if— a the company confirms that it consulted its tenants as mentioned in subsection (2), and b a copy of the confirmation accompanies the copy resolution sent to the registrar of companies in accordance with section 30 of the Companies Act 2006. 4 The company must, as soon as reasonably practicable after sending the copy resolution to the registrar of companies, give notice of the voluntary winding up to the Regulator. 5 The Regulator must issue guidance in relation to consultation for the purpose of subsection (2). 6 A company must, in consulting tenants for that purpose, have regard to guidance issued under subsection (5). . 13 Section 105 is repealed. 14 In section 106 (asset transfer on dissolution or winding up)— a in subsection (1)(a), for “section 55(a) or (b) of the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12)” substitute “ section 119 or 123 of the Co-operative and Community Benefit Societies Act 2014 ” , b in subsection (7), for paragraph (a) substitute— a the Co-operative and Community Benefit Societies Act 2014, . 15 Sections 123 and 124 are repealed. 16 In section 165 (interpretation), in the definition of “registered society”, for “Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12)” substitute “ Co-operative and Community Benefit Societies Act 2014 ” . Registered social landlord becoming a subsidiary of another body 7 1 The Housing (Scotland) Act 2010 is further amended as follows. 2 For section 104A (registered social landlord becoming a subsidiary of another body) substitute— Registered social landlord becoming a subsidiary of another body 104A 1 This section applies where a registered social landlord which is a registered society or a registered company proposes to enter into an arrangement under which the landlord will become a subsidiary of a body of which it is not currently a subsidiary. 2 Subject to subsection (5)— a the registered social landlord must comply with sections 115 to 120 (as applied by subsection (3)) in relation to the arrangement, and b the arrangement has effect only if the conditions in subsection (4) are met. 3 Sections 115 to 120 apply in relation to a proposed arrangement to which this section applies as they apply in relation to a proposed disposal to which section 107(4) applies. 4 The conditions are that, before the arrangement was completed— a the registered social landlord complied with sections 115 and 115A(1) (as applied by subsection (3)), and b a majority of tenants— i voting in a ballot conducted under section 115(1)(a) wish the arrangement to proceed, or, as the case may be, ii whose written agreement to the arrangement was sought under section 115A(1)(b) have given that agreement. 5 The Regulator must determine that subsections (2) and (3) are not, or are to cease, to apply in relation to an arrangement where the Regulator considers that— a the registered social landlord's viability is in jeopardy for financial reasons, b a person could take a step in relation to the landlord which would require to be notified to the Regulator under section 73, and c the determination under this subsection would substantially reduce the likelihood of a person taking such a step. 6 The registered social landlord must, as soon as reasonably practicable after the arrangement takes effect (and no later than 28 days after that event), give notice of the arrangement to the Regulator. . 3 Sections 124A and 124B are repealed. 4 In section 165 (interpretation), in the definition of “subsidiary”, for “Co-operative and Community Benefit Societies and Credit Unions Act 1968 (c.55)” substitute “ Co-operative and Community Benefit Societies Act 2014 ” . Further modification of regulation of social landlords Power to modify functions of Scottish Housing Regulator 8 1 The Scottish Ministers may by regulations modify the functions of the Scottish Housing Regulator which relate to social landlords. 2 Regulations under subsection (1) may— a make different provision for different purposes, b include any incidental, supplementary, consequential, transitional, transitory or saving provision as Ministers consider appropriate, c modify any enactment. 3 Regulations under subsection (1) are subject to the affirmative procedure. 4 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers— a must consult— i the Scottish Housing Regulator, ii tenants of social landlords or their representatives, iii social landlords or their representatives, and iv secured creditors of registered social landlords or their representatives, b may consult such other persons as Ministers consider appropriate. 5 In this section, “ registered social landlord ”, “ secured creditor ” and “ social landlord ” have the meanings given by section 165 of the Housing (Scotland) Act 2010. Local authority influence over registered social landlords Power to reduce local authority influence over registered social landlords 9 1 The Scottish Ministers may by regulations make provision for the purpose of limiting or removing the ability of local authorities to exert influence over registered social landlords through–– a appointing or removing officers of registered social landlords, b exercising or controlling voting rights. 2 Regulations under subsection (1) may in particular–– a limit the number of officers that a local authority may appoint, b prohibit a local authority from appointing officers, c confer power on a registered social landlord to remove officers appointed by a local authority, d prohibit a local authority from doing things that would result in it obtaining voting rights in a registered social landlord, e require a local authority to take steps to reduce or get rid of any voting rights that it has in a registered social landlord. 3 Regulations under subsection (1) may override or modify any contractual or other rights (whenever created) or anything in a registered social landlord's constitution. 4 Regulations under subsection (1) may— a confer a power on a registered social landlord to amend its constitution in consequence of provision made by the regulations, b make provision about the procedure for exercising that power. 5 Regulations under subsection (1) may— a make different provision for different purposes, b include any incidental, supplementary, consequential, transitional, transitory or saving provision as Ministers consider appropriate, c modify any enactment. 6 Regulations under subsection (1) are subject to the affirmative procedure. 7 In this section— “ appointing ”, in relation to an officer, includes nominating or otherwise influencing the selection of the officer, “ constitution ” has the meaning given by section 165 of the Housing (Scotland) Act 2010, “officer, in relation to a registered social landlord, has the meaning given by section 165 of the Housing (Scotland) Act 2010, “registered social landlord” also has the meaning given by that section. Duration of regulation-making powers Duration of powers conferred by sections 8(1) and 9(1) 10 1 No regulations may be made under section 8(1) or 9(1) after the end of the period of 3 years beginning with the day after Royal Assent. 2 Subsection (1) does not affect the continuation in force of any regulations made under section 8(1) or 9(1) during the period mentioned in subsection (1). General provision Commencement 11 1 This section and section 12 come into force on the day after Royal Assent. 2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 3 Regulations under this section may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 12 The short title of this Act is the Housing (Amendment) (Scotland) Act 2018. S. 8 in force at 6.9.2018 by S.S.I. 2018/253 , reg. 2(1) S. 9 in force at 6.9.2018 by S.S.I. 2018/253 , reg. 2(1) S. 10 in force at 6.9.2018 by S.S.I. 2018/253 , reg. 2(1) S. 1 in force at 8.3.2019 by S.S.I. 2018/253 , reg. 2(2) S. 2 in force at 8.3.2019 by S.S.I. 2018/253 , reg. 2(2) (with regs. 3-5 ) S. 3 in force at 8.3.2019 by S.S.I. 2018/253 , reg. 2(2) (with reg. 6 ) S. 4 in force at 8.3.2019 by S.S.I. 2018/253 , reg. 2(2) S. 5 in force at 8.3.2019 by S.S.I. 2018/253 , reg. 2(2) (with reg. 7 ) S. 6 in force at 8.3.2019 by S.S.I. 2018/253 , reg. 2(2) (with reg. 8 ) S. 7 in force at 8.3.2019 by S.S.I. 2018/253 , reg. 2(2)
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[uk-legislation-asp][asp] 2024-05-05 Land and Buildings Transaction Tax (Relief from Additional Amount) (Scotland) Act 2018
http://www.legislation.gov.uk/asp/2018/11/2018-06-23
http://www.legislation.gov.uk/asp/2018/11/2018-06-23 Land and Buildings Transaction Tax (Relief from Additional Amount) (Scotland) Act 2018 An Act of the Scottish Parliament to give retrospective effect to the amendments made by the Land and Buildings Transaction Tax (Additional Amount-Second Homes Main Residence Relief) (Scotland) Order 2017. text text/xml en Statute Law Database 2018-07-25 2018-06-23 Land and Buildings Transaction Tax (Relief from Additional Amount) (Scotland) Act 2018 2018 asp 11 An Act of the Scottish Parliament to give retrospective effect to the amendments made by the Land and Buildings Transaction Tax (Additional Amount-Second Homes Main Residence Relief) (Scotland) Order 2017. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th May 2018 and received Royal Assent on 22nd June 2018 Retrospective effect of amendments made by the 2017 Order 1 1 The following are to be treated as having had effect since 1 April 2016— a the amendments made by articles 3 and 4 of the 2017 Order, b article 5 of the 2017 Order, as modified by subsection (2). 2 In article 5 of the 2017 Order— a in paragraph (a), the reference to 20th May 2017 is to be read as a reference to 28 January 2016, b in paragraph (b), the reference to 30th June 2017 is to be read as a reference to 1 April 2016. Interpretation 2 In this Act, “ the 2017 Order ” means the Land and Buildings Transaction Tax (Additional Amount-Second Homes Main Residence Relief) (Scotland) Order 2017 ( S.S.I. 2017/233). Commencement 3 This Act comes into force on the day after Royal Assent. Short title 4 The short title of this Act is the Land and Buildings Transaction Tax (Relief from Additional Amount) (Scotland) Act 2018.
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[uk-legislation-asp][asp] 2024-05-05 Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018
http://www.legislation.gov.uk/asp/2018/10/2021-06-30
http://www.legislation.gov.uk/asp/2018/10/2021-06-30 Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 An Act of the Scottish Parliament to make provision about success fee agreements; to make provision about expenses in civil litigation; to make provision about the offices of the Auditor of the Court of Session, the auditor of the Sheriff Appeal Court and the auditor of the sheriff court; and to make provision about the bringing of civil proceedings on behalf of a group of persons. text text/xml en Statute Law Database 2021-09-24 Expert Participation 2021-06-30 Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 2018 asp 10 An Act of the Scottish Parliament to make provision about success fee agreements; to make provision about expenses in civil litigation; to make provision about the offices of the Auditor of the Court of Session, the auditor of the Sheriff Appeal Court and the auditor of the sheriff court; and to make provision about the bringing of civil proceedings on behalf of a group of persons. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 1st May 2018 and received Royal Assent on 5th June 2018 PART 1 SUCCESS FEE AGREEMENTS Success fee agreements 1 1 In this Part, a “success fee agreement” is an agreement between a person providing relevant services (the “provider”) and the recipient of those services (the “recipient”) under which the recipient— a is to make a payment (the “success fee”) to the provider in respect of the services if the recipient obtains a financial benefit in connection with a matter in relation to which the services are provided, but b is not to make any payment, or is to make a payment of a lower amount than the success fee, in respect of the services if no such benefit is obtained. 2 In this section— “ claims management services ” means services consisting of the provision of advice or services, other than legal services, in connection with the making of a claim for damages or other financial benefit, including— advice or services in relation to— legal representation, the payment or funding of costs associated with making the claim, referring or introducing one person to another, making inquiries, “ legal services ” means services consisting of the provision of legal advice, assistance or representation, “ payment ” includes a transfer of assets and any other transfer of money's worth, “ relevant services ” means legal services or claims management services provided in connection with a matter— which is the subject of civil proceedings to which the recipient is a party before a Scottish court or tribunal, or in relation to which such proceedings are in contemplation, “ Scottish court or tribunal ” means a court or tribunal established under the law of Scotland. 3 In this Part, the following terms, in relation to a success fee agreement, are to be construed in accordance with this section— “payment”, “provider”, “recipient”, “relevant services”, “success fee”. Enforceability 2 1 A success fee agreement is not unenforceable by reason only that it is a pactum de quota litis (that is, an agreement for a share of the litigation). 2 Subsection (1) does not affect any other ground on which a success fee agreement may be unenforceable. Expenses in the event of success 3 1 This section applies where the recipient of relevant services under a success fee agreement— a is awarded expenses in civil proceedings concerned with a matter to which the agreement relates, or b agrees with another person that the recipient is entitled to recover expenses from that person in relation to such a matter. 2 Unless the success fee agreement provides otherwise— a the provider is entitled to recover and retain the expenses so far as those expenses relate to the relevant services provided by the provider in relation to the matter, and b the amount of the success fee to be paid under the agreement is not affected by the amount of expenses recovered and retained by the provider. 3 Subsection (2) is subject to section 17(2A) of the Legal Aid (Scotland) Act 1986 (which makes provision for circumstances in which expenses recovered are to be paid to the Scottish Legal Aid Board). Power to cap success fees 4 1 The Scottish Ministers may by regulations make provision for or about the maximum amounts of success fees that may be provided for under success fee agreements. 2 Regulations under subsection (1) may specify maximum amounts or provide for them to be determined in accordance with the regulations. 3 Subsection (4) applies where the maximum amount of the success fee that may be provided for under a success fee agreement is restricted— a by provision made in regulations under subsection (1), and b by, or in accordance with, another enactment. 4 The maximum amount of the success fee that may be paid under the agreement is the lower of the amounts allowed for by, or in accordance with, the enactments mentioned in subsection (3)(a) and (b). 5 A success fee agreement is unenforceable to the extent that it provides for a success fee of an amount that is higher than the maximum amount allowed for by virtue of this section. Exclusion for certain matters 5 1 A success fee agreement must not be entered into in connection with a matter which may be the subject of civil proceedings of a description specified by the Scottish Ministers in regulations. 2 Regulations under subsection (1) may relate to all success fee agreements or to success fee agreements of a description specified by the Scottish Ministers in the regulations. Personal injury claims 6 1 This section applies to a success fee agreement entered into in connection with a claim for damages for— a personal injuries, or b the death of a person from personal injuries. 2 The agreement must provide that the recipient of the relevant services is not liable to make any payment (including outlays incurred in providing the services) to the provider in respect of the services, apart from the success fee, regardless of whether any damages are obtained. 3 In subsection (2), “outlays” do not include any sums paid in respect of insurance premiums in connection with the claim to which the agreement relates. 4 The agreement— a may provide that any damages for future loss obtained in connection with the claim (the “future element”) will be included in the amount of damages by reference to which the success fee is to, or may, be calculated (the “relevant amount of damages”) if the future element is within subsection (5), but b otherwise, must provide that any future element will not be included in the relevant amount of damages. 5 The future element is within this subsection if it is to be paid in a lump sum and— a does not exceed £1,000,000, or b exceeds £1,000,000 and— i the provider had not advised the recipient to accept that the future element be paid in periodical instalments, and ii the condition in subsection (6) is met. 6 The condition is— a in the case where the damages are awarded by a court or tribunal, that the court or tribunal in awarding the future element has stated that it is satisfied that it is in the recipient's best interests that the future element be paid as a lump sum rather than in periodical instalments, b in the case where the damages are obtained by agreement, that an independent actuary has, after having consulted the recipient personally in the absence of the provider, certified that in the actuary's view it is in the recipient's best interests that the future element be paid as a lump sum rather than in periodical instalments. 7 The agreement is unenforceable to the extent that it makes provision contrary to subsection (2) or (4). 8 The Scottish Ministers may by regulations substitute another sum for the sum for the time being specified in subsection (5)(a) and (b). 9 In subsection (1), “personal injuries” include any disease and any impairment of a person's physical or mental condition. 10 In subsection (6)(b), “ actuary ” means an Associate or Fellow of the Institute and Faculty of Actuaries. Form, content etc. 7 1 A success fee agreement must be in writing. 2 A success fee agreement must specify the basis on which the amount of the success fee is to be determined. 3 The Scottish Ministers may by regulations make further provision about success fee agreements including in particular provision about— a their form and content (including their terms), b the manner in which they may be entered into, c their modification and termination, d the resolution of disputes in relation to such agreements, e the consequences of failure to comply with the requirements of subsection (1) or (2) or the regulations, f the application of this Part, or any provision made under it, where a recipient receives relevant services from more than one provider in connection with the same matter. 4 Regulations under subsection (3) may modify this section so as to— a add text to it, b modify any text added under paragraph (a). PART 2 EXPENSES IN CIVIL LITIGATION Restriction on pursuer's liability for expenses in personal injury claims 8 1 This section applies in civil proceedings where— a the person bringing the proceedings makes a claim for damages for— i personal injuries, or ii the death of a person from personal injuries, and b the person conducts the proceedings in an appropriate manner. 2 The court must not make an award of expenses against the person in respect of any expenses which relate to— a the claim, or b any appeal in respect of the claim. 3 Subsection (2) does not prevent the court from making an award in respect of expenses which relate to any other type of claim in the proceedings. 4 For the purposes of subsection (1)(b), a person conducts civil proceedings in an appropriate manner unless the person or the person's legal representative— a makes a fraudulent representation or otherwise acts fraudulently in connection with the claim or proceedings, b behaves in a manner which is manifestly unreasonable in connection with the claim or proceedings, or c otherwise, conducts the proceedings in a manner that the court considers amounts to an abuse of process. 5 For the purpose of subsection (4)(a), the standard of proof is the balance of probabilities. 6 Subsection (2) is subject to any exceptions that may be specified in an act of sederunt under section 103(1) or 104(1) of the Courts Reform (Scotland) Act 2014. 7 In subsection (1)(a), “personal injuries” include any disease and any impairment of a person's physical or mental condition. Representation free of charge 9 1 This section applies in civil proceedings where— a a party to the proceedings is represented by a legal representative, and b some (or all) of that representation is provided free of charge. 2 The party must disclose to the court the fact that some (or all) of the representation is provided free of charge. 3 The court may order a person to make a payment to the charity designated under subsection (5) in respect of the representation which was provided free of charge. 4 In considering whether to make an order under subsection (3) and the terms of such an order, the court must have regard to— a whether, had the representation not been provided free of charge, the court would have awarded expenses in respect of the representation, and b if so, what the terms of the award would have been. 5 For the purposes of subsection (3), the Lord President of the Court of Session must designate a charity which— a is registered in the Scottish Charity Register, and b has a charitable purpose (however described) of improving access to justice in respect of civil proceedings in Scotland. 6 Subsection (3) does not apply in relation to representation provided under section 28 of the Equality Act 2006 (legal assistance). 7 In this section, “ free of charge ” means otherwise than for or in expectation of a fee, gain or reward. Third party funding of civil litigation 10 1 This section applies where a party to civil proceedings receives financial assistance in respect of the proceedings from another person (whether directly or through an intermediary) who is not a party to the proceedings (“ the funder ”). 2 The party receiving financial assistance must disclose to the court— a if known to the party, the identity of the funder and any intermediary, and b the nature of the assistance being provided. 3 If the funder has a financial interest in respect of the outcome of the proceedings— a the party receiving the assistance must disclose that interest to the court once the substantive issues in dispute in the proceedings have been decided or otherwise resolved, and b the court may make an award of expenses against the funder and any intermediary. 4 Subsection (3) does not apply where the assistance is provided— a under a success fee agreement (within the meaning of section 1), b by a trade union or similar body which represents the interests of workers. 5 This section does not apply where the assistance is provided in respect of family proceedings by— a the spouse or civil partner of the party receiving the assistance, b a person living with the party as if they were married to each other, c a parent of the party, d a child of the party, e a sibling of the party (whether of the full-blood or of the half-blood). 6 For the purposes of this section— “ family proceedings ” has the same meaning as in section 135 of the Courts Reform (Scotland) Act 2014, “ financial assistance ” does not include a payment from the Scottish Legal Aid Fund. 7 This section is subject to an act of sederunt under section 103(1) or 104(1) of the Courts Reform (Scotland) Act 2014. Awards of expenses against legal representatives 11 1 This section applies in civil proceedings where the court considers that a legal representative of a party to the proceedings has committed a serious breach of that representative's duties to the court. 2 The court may make an award of expenses against the legal representative. 3 This section is subject to any limitations that may be specified in an act of sederunt under section 103(1) or 104(1) of the Courts Reform (Scotland) Act 2014. Minor and consequential modifications of the Courts Reform (Scotland) Act 2014 12 1 The Courts Reform (Scotland) Act 2014 is amended as follows. 2 In section 81(5)(b) (expenses in simple procedure cases), for “unreasonably” substitute “ in a manner which is manifestly unreasonable ” . 3 In section 103(2) (examples of how the power to regulate procedure and practice in the Court of Session may be exercised)— a in paragraph (j), for “to parties to” substitute “ in ” , b in paragraph (k), after “parties” insert “ or persons representing such parties ” . 4 In section 104(2) (examples of how the power to regulate procedure and practice in the sheriff court and Sheriff Appeal Court may be exercised)— a in paragraph (j), for “to parties to” substitute “ in ” , b in paragraph (k), after “parties” insert “ or persons representing such parties ” . Meaning of “legal representative” 13 In this Part, “ legal representative ” means— a a solicitor enrolled in the roll of solicitors kept under section 7 of the Solicitors (Scotland) Act 1980, b a member of the Faculty of Advocates, c any other person who may exercise a right of audience or conduct litigation in civil proceedings on behalf of a party to the proceedings. PART 3 AUDITORS OF COURT Auditors of court 14 1 There is to continue to be— a an office of the Court of Session called the Auditor of the Court of Session, b an office of the Sheriff Appeal Court called the auditor of the Sheriff Appeal Court, c an office called the auditor of the sheriff court. 2 In this Part, the holders of those offices are referred to as the “ auditors of court ”. 3 The Scottish Courts and Tribunals Service (“the SCTS”) has the function of appointing individuals to hold those offices. 4 A person's appointment as an auditor of court— a lasts for such period, and b is on such other terms and conditions, as the SCTS may determine. 5 The auditors of court are also members of the staff of the SCTS and, accordingly, a reference in any enactment to the staff of the SCTS includes, except where the context requires otherwise, a reference to the auditors of court. 6 The Auditor of the Court of Session is to continue to be a member of the College of Justice. 7 The schedule modifies enactments in relation to the auditors of court. Temporary Auditor of the Court of Session 15 1 Subsection (2) applies during any period when— a the office of the Auditor of the Court of Session is vacant, or b the holder of that office is for any reason unable to carry out the functions of the office. 2 The Lord President of the Court of Session may appoint a person to act as the Auditor of the Court of Session during that period. 3 A person appointed under subsection (2)— a is to be appointed on such terms and conditions as the Lord President determines, b while acting as the Auditor of the Court of Session, is to be treated for all purposes, other than those of sections 14(4), (5) and (6) and 18(1) and (6), as the Auditor of the Court of Session. Auditors' functions 16 1 An auditor of court— a is to tax such accounts of expenses as are remitted to the auditor for taxation by a court or tribunal, b has such other functions as are conferred on that office by an enactment (including this Act). 2 An auditor of court may tax such accounts as are submitted to the auditor for taxation otherwise than on remission from a court or tribunal or where required by an enactment. 3 An auditor of the sheriff court may— a tax an account of expenses remitted to any auditor of the sheriff court by a court or tribunal, b exercise the functions of that office in any sheriffdom. Auditors unable to tax account 17 1 Where an account of expenses remitted by a court or tribunal for taxation cannot be taxed by an auditor of court— a the account must be returned to the court or tribunal, and b the court or tribunal must remit the account to a person who is not an auditor of court for taxation. 2 Where an account is remitted to a person under subsection (1)(b)— a the person is to be treated in relation to the taxation of the account as if the person were an auditor of court (but is not to be treated as an auditor for the purposes of section 14), b the person is entitled to payment of such sums as the Scottish Courts and Tribunals Service may determine by way of— i remuneration in respect of the taxation, ii reimbursement of expenses reasonably incurred by the person in connection with the taxation. Guidance 18 1 The Auditor of the Court of Session must issue guidance to the auditors of court about the exercise of their functions. 2 The guidance may, in particular, include guidance relating to the types and levels of expenses that may be allowed in an account of expenses. 3 When preparing the guidance, the Auditor of the Court of Session must have regard to the desirability of auditors of court exercising their functions in a manner which is consistent and transparent. 4 An auditor of court (including the Auditor of the Court of Session) must have regard to the guidance when exercising the auditor's functions. 5 The guidance must— a be in writing, and b be published (as soon as reasonably practicable after it is issued) in such manner as the Auditor of the Court of Session considers appropriate. 6 The Auditor of the Court of Session may, from time to time, issue revised guidance (and the references to guidance in subsections (2) to (5) include references to any revised guidance). Reports 19 1 The Scottish Courts and Tribunals Service (“the SCTS”) must publish, for each financial year, a report setting out the information mentioned in subsection (2) in relation to— a the Auditor of the Court of Session, b the auditor of the Sheriff Appeal Court, c the auditors of the sheriff court, d any person to whom an account is remitted under section 17(1)(b), but only where the information relates to such an account. 2 That information is— a the number of judicial taxations carried out during the year, and the amount of fees charged in respect of those taxations, b the number of other taxations carried out during the year, and the amount of fees charged in respect of those taxations, c the amount of fees charged in respect of any other work carried out during the year. 3 A report must be published— a as soon as practicable after the end of the financial year to which it relates, b in such manner as the SCTS considers appropriate. 4 For the purposes of subsection (2), a judicial taxation is the taxation of an account of expenses remitted for taxation to an auditor of court by a court or tribunal. PART 4 GROUP PROCEEDINGS Group proceedings 20 1 There is to be a form of procedure in the Court of Session known as “group procedure”, and proceedings subject to that procedure are to be known as “ group proceedings ”. 2 A person (a “representative party”) may bring group proceedings on behalf of two or more persons (a “group”) each of whom has a separate claim which may be the subject of civil proceedings. 3 A person may be a representative party in group proceedings— a whether or not the person is a member of the group on whose behalf the proceedings are brought, b only if so authorised by the Court. 4 There is to be no more than one representative party in group proceedings. 5 Group proceedings may be brought only with the permission of the Court. 6 The Court may give permission— a only if it considers that all of the claims made in the proceedings raise issues (whether of fact or law) which are the same as, or similar or related to, each other, b only if it is satisfied that the representative party has made all reasonable efforts to identify and notify all potential members of the group about the proceedings, and c in accordance with provision made in an act of sederunt under section 21(1). 7 An act of sederunt under section 21(1) may provide for group proceedings to be brought as— a opt-in proceedings, b opt-out proceedings, or c either opt-in proceedings or opt-out proceedings. 8 In subsection (7)— a “opt-in proceedings” are group proceedings which are brought with the express consent of each member of the group on whose behalf they are brought, b “opt-out proceedings” are group proceedings which are brought on behalf of a group, each member of which has a claim which is of a description specified by the Court as being eligible to be brought in the proceedings and— i is domiciled in Scotland and has not given notice that the member does not consent to the claim being brought in the proceedings, or ii is not domiciled in Scotland and has given express consent to the claim being brought in the proceedings. 9 In group proceedings, the representative party may— a make claims on behalf of the members of the group, b subject to provision made in an act of sederunt under section 21(1), do anything else in relation to those claims that the members would have been able to do had the members made the claims in other civil proceedings. 10 Section 11 of the Court of Session Act 1988 (jury actions) does not apply to group proceedings. Group procedure: rules 21 1 The Court of Session may make provision by act of sederunt about group procedure. 2 Without limiting that generality, the power in subsection (1) includes power to make provision for or about— a persons who may be authorised to be a representative party, b action to be taken by a representative party in connection with group proceedings (whether before or after the proceedings are brought), c the means by which a person may— i give consent for the person's claim to be brought in group proceedings, ii give notice that the person does not consent to the person's claim being brought in group proceedings, d types of claim that may not be made in group proceedings, e circumstances in which permission to bring group proceedings may be refused, f appeals against the granting or refusal of such permission, g the disapplication or modification of section 39 of the Courts Reform (Scotland) Act 2014 (exclusive competence of the sheriff court) in relation to group proceedings, h the making of an additional claim in group proceedings after the proceedings have been brought (including the transfer of a claim made in other civil proceedings), i the exclusion of a claim made in group proceedings from the proceedings (including the transfer of the claim to other civil proceedings), j the replacement of a representative party, k steps that may be taken by a representative party only with the permission of the Court. 3 Nothing in an act of sederunt under subsection (1) is to derogate from section 20. 4 An act of sederunt under subsection (1) may make— a incidental, supplementary, consequential, transitional, transitory or saving provision, b provision amending, repealing or revoking any enactment relating to matters with respect to which an act of sederunt under subsection (1) may be made, c different provision for different purposes. 5 This section is without prejudice to— a any enactment that enables the Court to make rules (by act of sederunt or otherwise) regulating the practice and procedure to be followed in proceedings to which this section applies, or b the inherent powers of the Court. 6 In subsection (2), “ representative party ” is to be construed in accordance with section 20(2). Group proceedings: further provision 22 1 The Scottish Ministers may by regulations make further provision in connection with group proceedings. 2 Regulations under subsection (1) may, in particular, make provision for or about— a circumstances in which a person is domiciled in Scotland for the purposes of section 20(8)(b), b prescriptive or limitation periods in relation to claims brought in group proceedings, c the assessment, apportionment and distribution of damages in connection with such proceedings, including the appointment of persons to give advice about those matters. 3 Regulations under subsection (1) may modify any enactment. PART 5 REVIEW OF OPERATION OF ACT Review of operation of Act 23 1 The Scottish Ministers must, as soon as practicable after the end of the 5 year period, review the operation of— a Parts 1 to 3, b Part 4, and lay before the Scottish Parliament a report on that review. 2 The report on the review of Parts 1 to 3 must, in particular, contain information about the effect of the operation of section 8 on access to justice and the administration of Scottish courts. 3 The report on the review of Part 4 must, in particular, contain information about the effect of the operation of section 20 on access to justice and the administration of Scottish courts. 4 Each report must include a statement by the Scottish Ministers setting out— a whether they intend to bring forward proposals to modify any provision of this Act, and b where no such proposals are to be brought forward, their reasons for not doing so. 5 The Scottish Ministers must, as soon as practicable after a report has been laid before the Parliament, publish the report in such a manner as they consider appropriate. 6 In this section, “ the 5 year period ” means the period of 5 years beginning with— a in the case of the review of Parts 1 to 3, the day of Royal Assent, b in the case of the review of Part 4, the day on which the first act of sederunt under section 21(1) comes into force. PART 6 GENERAL PROVISION Regulations 24 1 Any power of the Scottish Ministers to make regulations under this Act includes power to make— a incidental, supplementary, consequential, transitional, transitory or saving provision, b different provision for different purposes. 2 Regulations under section 4(1), 5(1), 6(8), 7(3) or 22(1) are subject to the affirmative procedure. 3 Regulations under section 25(1)— a which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, b otherwise, are subject to the negative procedure. 4 This section does not apply to regulations under section 27(3). Ancillary provision 25 1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 2 Regulations under this section may modify any enactment (including this Act). Meaning of “court” 26 In this Act, in relation to civil proceedings in the sheriff court, a reference to the court includes a reference to the sheriff conducting the proceedings. Commencement 27 1 This Part comes into force on the day after Royal Assent. 2 Part 5 comes into force at the end of the period of 2 months beginning with the day of Royal Assent. 3 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 4 Regulations under subsection (3) may— a include transitional, transitory or saving provision, b make different provision for different purposes. Short title 28 The short title of this Act is the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. SCHEDULE AUDITORS OF COURT: MODIFICATION OF ENACTMENTS (introduced by section 14) Court of Session Act 1821 1 The Court of Session Act 1821 is repealed. Courts of Law Fees (Scotland) Act 1895 2 1 The Courts of Law Fees (Scotland) Act 1895 is amended in accordance with this paragraph. 2 In section 3 (taxation of accounts in High Court of Justiciary)— a the existing text becomes subsection (1), b in that subsection— i for “High Court of Justiciary”, in both places where it occurs, substitute “ relevant court ” , ii for “said High Court” substitute “ relevant court ” , iii for “auditor of the Court of Session” substitute “ relevant auditor of court ” , iv for “regulations” substitute “ rules of court ” , v for “actions in the Court of Session” substitute “ relevant civil proceedings ” , c after that subsection insert— 2 In subsection (1)— “ relevant court ” means— the High Court of Justiciary, or the Sheriff Appeal Court, when exercising its jurisdiction in criminal proceedings, “ relevant auditor of court ” means— where the relevant court is the High Court of Justiciary, the Auditor of the Court of Session, where the relevant court is the Sheriff Appeal Court, the auditor of the Sheriff Appeal Court, “ relevant civil proceedings ” means— where the relevant court is the High Court of Justiciary, proceedings in the Court of Session, where the relevant court is the Sheriff Appeal Court, civil proceedings in that Court. . 3 The title of section 3 becomes “ Taxation of accounts in criminal proceedings ” Administration of Justice (Scotland) Act 1933 3 The following provisions of the Administration of Justice (Scotland) Act 1933 are repealed— a section 25(2), b section 26, c section 27(1), d section 28. Solicitors (Scotland) Act 1980 4 In the Solicitors (Scotland) Act 1980, in section 51(3) (complaints to the Scottish Solicitors' Discipline Tribunal), after paragraph (c) insert— ca the auditor of the Sheriff Appeal Court, . Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 5 In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, section 36(4) is repealed. Legal Profession and Legal Aid (Scotland) Act 2007 6 In the Legal Profession and Legal Aid (Scotland) Act 2007, in section 2(2)(b) (receipt of complaints by Scottish Legal Complaints Commission: preliminary steps), after sub-paragraph (v) insert— va the auditor of the Sheriff Appeal Court, . S. 4(1)(2) in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(a) S. 5 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(b) S. 6(8) in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(c) S. 7(3)(4) in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(d) S. 12(1) (3) (4) in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(e) S. 14 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(f) (with regs. 3(3) , 4 , 5 ) S. 15 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(g) (with reg. 3(3) ) S. 16 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(h) S. 17 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(i) S. 18 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(j) S. 19 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(k) (with reg. 6 ) S. 20(7)(8) in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(l) S. 21 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(m) S. 22 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(n) Sch. para. 1 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(o) (with reg. 3(1) (2) ) Sch. para. 2 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(o) Sch. para. 3 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(o) (with reg. 3(1) (2) ) Sch. para. 4 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(o) Sch. para. 5 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(o) Sch. para. 6 in force at 30.1.2019 by S.S.I. 2018/368 , reg. 2(o) S. 4(3)-(5) in force at 27.4.2020 by S.S.I. 2020/23 , reg. 2 (with reg. 3 ) S. 1 in force at 27.4.2020 by S.S.I. 2020/23 , reg. 2 (with reg. 3 ) S. 2 in force at 27.4.2020 by S.S.I. 2020/23 , reg. 2 (with reg. 3 ) S. 3 in force at 27.4.2020 by S.S.I. 2020/23 , reg. 2 (with reg. 3 ) S. 7(1)(2) in force at 27.4.2020 by S.S.I. 2020/23 , reg. 2 (with reg. 3 ) S. 6(1)-(7)(9)(10) in force at 27.4.2020 by S.S.I. 2020/23 , reg. 2 (with reg. 3 ) S. 20(1)-(6)(9)(10) in force at 31.7.2020 by S.S.I. 2020/167 , reg. 2 S. 8 in force at 30.6.2021 by S.S.I. 2021/125 , reg. 2(a) (with reg. 3 ) S. 12(2) in force at 30.6.2021 by S.S.I. 2021/125 , reg. 2(b) (with reg. 3 ) S. 13 in force at 30.6.2021 by S.S.I. 2021/125 , reg. 2(c) (with reg. 3 )
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