UK Withdrawal from the European Union (Continuity) (Scotland) Bill [AS PASSED] CONTENTS Section ART 1 P LIGNMENT WITH EU LAW A 1 Power to make provision corresponding to EU law 1A Purpose of maintaining and advancing standards 2 Limitations on the section 1(1) power 3 Duration of the section 1(1) power 4 Scrutiny of regulations under section 1(1) 4A Policy statement on the section 1(1) power 4B Procedure for publication of policy statement 5 Explanatory statements for regulations under section 1(1) 6 Explanatory statements: good reasons, equalities etc. 7 Reports relating to the exercise of the section 1(1) power 7A Consultation on reports under section 7(1) 8 Interpretation of Part 1 ART 2 P NVIRONMENT E HAPTER 1 C NVIRONMENTAL PRINCIPLES E 9 The guiding principles on the environment 10 Ministers’ duties to have regard to the guiding principles 11 Other authorities’ duty to have regard to the guiding principles 12 Purpose of the duties under sections 10 and 11 13 Guidance 14 Procedure for publication of guidance HAPTER 2 C NVIRONMENTAL GOVERNANCE E Establishment of Environmental Standards Scotland 15 Environmental Standards Scotland SP Bill 77B Session 5 (2020) ii UK Withdrawal from the European Union (Continuity) (Scotland) Bill Functions of Environmental Standards Scotland 16 Functions 17 Power to modify functions 18 Duty to prepare and publish strategy on exercise of functions 19 Co-operation duties of public authorities and Environmental Standards Scotland Information notices 20 Power to require information 21 Failure to comply with an information notice Improvement reports and improvement plans 22 Improvement report 23 Restrictions on preparing an improvement report 24 Content of an improvement report 25 Improvement report: procedural requirements 26 Improvement plan Compliance notices 27 Compliance notice 28 Restrictions on issuing a compliance notice 29 Content of a compliance notice 30 Variation of a compliance notice 31 Withdrawal of a compliance notice 32 Appeal against a compliance notice 33 Failure to comply with a compliance notice Judicial review and other civil proceedings 34 Power to apply for judicial review or intervene in civil proceedings Disclosure of information 35 Disclosure of information to Environmental Standards Scotland 36 Confidentiality of proceedings Duty to consult on effectiveness of governance arrangements 36A Duty to consult on effectiveness of governance arrangements Interpretation of Chapter 2 37 Meaning of “public authority” 38 Meaning of “failing to comply with environmental law” 39 Meaning of “environmental law” and “effectiveness of environmental law” 40 Meaning of “environmental protection”, “environmental harm” and “the environment” 41 Interpretation of Chapter 2: general HAPTER 3 C NVIRONMENTAL POLICY STRATEGY E 41A Environmental policy strategy UK Withdrawal from the European Union (Continuity) (Scotland) Bill iii PART 3 ENERAL G 42 Purpose and effect of this Act 43 Regulations: supplementary 44 Ancillary provision 45 Commencement 46 Repeal of Part 1 of this Act 47 Short title __________ Schedule 1—Environmental Standards Scotland Schedule 2—Environmental Standards Scotland: Strategy UK Withdrawal from the European Union (Continuity) (Scotland) Bill 1 Part 1—Alignment with EU law Amendments to the Bill since the previous version are indicated by sidelining in the right margin.