SP Bill 15 Session 5 (2017) 2 Islands (Scotland) Bill Part 2—National Islands Plan P ART 2 N ATIONAL I SLANDS P LAN Duty to prepare national islands plan 3 National islands plan 5 (1) The Scottish Ministers must prepare a national islands plan. (2) In this Part, a “national islands plan” is a plan setting out the main objectives and strategy of the Scottish Ministers in relation to improving outcomes for island communities that result from, or are contributed to by, the carrying out of functions of a public nature. 10 4 Preparation and scrutiny of plan (1) In preparing the national islands plan, the Scottish Ministers must— (a) consult— (i) such persons as they consider represent the interests of island communities, and 15 (ii) such persons as they consider likely to be affected by the proposals contained in the plan, and (b) have regard to the distinctive geographical and cultural characteristics of each of the areas inhabited by island communities. (2) The Scottish Ministers must lay the proposed national islands plan before the Scottish 20 Parliament— (a) in the case of the first plan, before the end of the period of one year beginning with the day on which this section comes into force, (b) in any other case, following a review under section 6(1). (3) The Scottish Ministers must complete their preparation of the national islands plan after 25 the expiry of the period of 40 days beginning with the day on which the plan 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). (4) As soon as reasonably practicable after the end of the period mentioned in subsection (3), the Scottish Ministers must publish the plan. 30 Reporting on and review of plan 5 Report on plan (1) The Scottish Ministers must prepare a report for each reporting year, containing information— (a) about the extent to which the outcomes identified in the national islands plan have 35 improved in the reporting year, (b) about the steps which the Scottish Ministers have taken to comply with the duties in relation to island communities imposed by— (i) section 7 (including any island communities impact assessment prepared under section 8), and Islands (Scotland) Bill 3 Part 3—Duties in relation to island communities (ii) section 12, and (c) about any other matters which the Scottish Ministers consider appropriate. (2) In this section, “reporting year” means the period of one year beginning— (a) in the case of the first report following each publication of a national islands plan 5 under section 4(4), with the day on which the national islands plan is published, (b) in any other case, with the day of the expiry of the last period of one year. (3) As soon as reasonably practicable after preparing a report under subsection (1), the Scottish Ministers must— (a) lay the report before the Scottish Parliament, and 10 (b) publish the report. 6 Review of plan (1) The Scottish Ministers— (a) must review the national islands plan before the end of the period of 5 years beginning with the day on which the plan was last published, and 15 (b) may from time to time review the plan. (2) Following a review under subsection (1), the Scottish Ministers may revise the plan as they consider appropriate. (3) Subsections (1), (3) and (4) of section 4 apply to a review of the plan under subsection (1) as they apply to the preparation of the plan under that section. 20 P ART 3 D UTIES IN RELATION TO ISLAND COMMUNITIES Duty of certain authorities in respect of policies and services 7 Duty to have regard to island communities (1) A relevant authority must have regard to island communities in carrying out its 25 functions. (2) In this Part, a “relevant authority” means a body, office-holder or other person listed in the schedule. (3) The Scottish Ministers may by regulations amend the schedule by— (a) adding an entry for any person, body or office-holder, or 30 (b) removing an entry. 8 Island communities impact assessment (1) A relevant authority must prepare an island communities impact assessment in relation to a— (a) policy, 35 (b) strategy, or (c) service, 4 Islands (Scotland) Bill Part 3—Duties in relation to island communities which, in the authority’s opinion, is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities) in the area in which the authority exercises its functions. (2) Subsection (1) applies to the development, delivery and redevelopment of the policy, 5 strategy or service (as the case may be). (3) An island communities impact assessment prepared under subsection (1) must— (a) describe the likely significantly different effect of the policy, strategy or service (as the case may be), and (b) assess the extent to which the authority considers that the policy, strategy or 10 service (as the case may be) can be developed or delivered in such a manner as to improve or mitigate, for island communities, the outcomes resulting from it. 9 Compliance with section 7 duty A relevant authority demonstrates compliance with the duty imposed by section 7— (a) in the case where the authority must prepare an island communities impact 15 assessment under section 8(1), by preparing that assessment, or (b) in any other case, by making such an assessment or taking such other steps as the authority considers appropriate.