The Scottish Government has introduced the following 2 laws :
(1) The Environmental Protection (Cotton Buds) (Scotland) Regulations 2019 – here.
In force from 12th October 2019, they ban the manufacture and sale of plastic stemmed cotton buds in Scotland.
(2) The Transport (Scotland) Act 2019 – here.
This Act introduces low emission zones and workplace parking licensing (Section 4A). Note the consultation provisions.
These laws will be in the next Scotland Email Alert, and will be introduced onto subscribers’ systems shortly.
A new Transport Bill was introduced in the Scottish Parliament on 8 June 2018.
The Bill is divided into 6 parts.
Part 1 of the Bill introduces the concept of low emission zones, which are set up under low emission zone schemes. A low emission zone scheme is a scheme under which individuals driving vehicles which fail to meet specified emission standards will be prohibited from driving those vehicles in contravention of the terms of the scheme within a designated geographical area. Where a person breaches this rule, a penalty charge will be payable unless the vehicle is exempt. Exemptions will be set out in regulations but are likely to include, for example, emergency service vehicles. The scheme itself may also make provision for the local authority operating the scheme to grant exemptions in certain circumstances.
Low emission zones are already in place in London. Further low emission zones may be introduced in England as a result of the Air Quality Strategy consultation. I have posted before on this (as part of DEFRA initiatives).
There has been talk of the Bill containing provisions that would enable local authorities to charge for workplace car parking. These provisions are not in the Bill.
A workplace car parking levy is in place in Nottingham (the English law permits this). Further information is here.
The Transport (Scotland) Bill is found here.
Scotland’s First Minister has today written to the UK Prime Minister to begin early discussions to allow a referendum on Scottish independence to take place.
It comes after the Scottish Parliament voted to give the Scottish Government a mandate for a Section 30 order under the Scotland Act 1998 to enable a referendum. An independence referendum held in 2014 gave a result in favour of remaining in the UK Union.
The letter that has been sent is published on the website of the Scottish Government, and is located here.
It is already possible to subscribe to Scotland EHS Legislation Registers and Law Checklists, as part of Cardinal Environment Limited services. In the event that this second referendum results in Scotland exiting the UK Union, then any subscriber to Britain EHS Legislation Registers and Law Checklists will be offered subscription to Scotland, England and Wales as separate systems (and Britain will be discontinued). Northern Ireland is only offered as a separate system.
New for 2016 – new Scots Law category!
Legislative proposals introduced in the Scottish Parliament will be categorised to New Scots Law, and will no longer appear in New UK Law.
Since my blog is read overseas, headers will denote (UK) not (Scotland).
This Bill is an important legislative proposal of the Scottish Parliament (introduced in 2015, and, subject to scrutiny beginning today 20th January 2016), it sets out to legislate to:
- make provision for a land rights and responsibilities statement;
- establish the Scottish Land Commission, provide for its functions and the functions of the Land Commissioners and the Tenant Farming Commissioner;
- make provision about access to, and provision of, information about owners and controllers of land;
- make provision about engaging communities in decisions relating to land;
- enable certain persons to buy land to further sustainable development;
- make provision for non-domestic rates to be levied on shootings and deer forests;
- make provision about the change of use of common good land;
- make provision about the management of deer on land;
- make provision about access rights to land; and
- amend the law on agricultural holdings to:
- provide for a new form of agricultural tenancy,
- remove the requirement to register before tenants of certain holdings can exercise a right to buy,
- provide a new power of sale where a landlord is in breach of certain obligations,
- provide about rent reviews,
- expand the list of the persons to whom holdings can be assigned or bequeathed and to whom holdings can be transferred on intestacy and make provision about landlords’ objections to such successor tenants,
- provide for a 2 year amnesty period in relation to certain improvements carried out by tenants, and provide for notice of certain improvements proposed by landlords.
Restriction on foreign ownership – the Bill does not contain any provisions which would restrict foreign owners from owning land in Scotland, in furtherance of the policy objective of the Land Reform Review Group (LRRG). Instead the Bill contains provision in relation to information about those who control land.
Limit on the amount of land that may be owned – the Bill does not contain any restriction on the maximum amount of land that may be owned. In response to the LRRG’s recommendation on this topic, the Scottish Government indicated that they would require”significant evidence…in order to ensure [European Court of Human Rights ECHR compliance]…” Presumably the view of the Scottish Government is that any such proposal would run contrary to ECHR requirements.
Duties on charity trustees – the Scottish Government mooted the possibility of placing a duty on charity trustees to consider the effect of a transfer of land on the relevant community. These proposals have not been carried forward in the Bill. However, in terms of the community engagement guidance which the Scottish Ministers are to produce, the Scottish Government suggest in the policy memorandum that failure of charity trustees to adhere to the guidance may be a matter which the Office of the Scottish Charity Regulator could pursue.
Further extensive amendments are proposed for the Stage 2 debate commencing now.
Progress on the Land Reform (Scotland) Bill is found here. The Stage 2 amendments are found at the base of the page.