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Last updated:
12 December 2024
Instrument The Environmental Authorisations Scotland Amendment Regulations 2025 Instrument
New waste carriers, brokers and dealers 23.—(1) Notwithstanding the coming into force of these Regulations, new applications for authorisation in relation to the collection and transportation of waste or acting as a broker or dealer may only be made under the 2018 Regulations on or after 1 April 2026. (2) During the period between and including 1 November 2025 and 31 March 2026, new applications for authorisation must be made in accordance with this sub-paragraph— (a) in relation to the collection and transportation of waste— (i) for registration as a waste carrier under the 1991 Regulations, or (ii) for a registration as a PCTW under paragraph 12 of schedule 4 of the 2011 Regulations, (b) in relation to acting as a broker or dealer, for registration as a broker or dealer under regulation 30 and paragraph 3 of schedule 5 of the 2011 Regulations. (3) Registrations granted in accordance with— (a) sub-paragraph (2)(a)(i), are to be treated as an existing waste carrier registration and as if in effect immediately before the relevant date, (b) sub-paragraph (2)(a)(ii), are to be treated as an existing PCTW registration and as if in effect immediately before the relevant date, (c) sub-paragraph (2)(b), are to be treated as an existing registration as a broker or dealer, and as if in effect immediately before the relevant date. (4) Notwithstanding the revocation of the 1989 Act and the 2011 Regulations— (a) sections 2, 3 and 4 of the 1989 Act(a), (b) regulations 1 to 18, and schedules 2 and 3, of the 1991 Regulations, and (c) regulation 30 and schedules 4 and 5 of the 2011 Regulations, continue to have effect in relation to any applications for registration made in accordance with this paragraph until the application has been concluded.
Official Report
Meeting date:
7 May 2019
Delegated Powers and Law Reform Committee 07 May 2019
Obviously, there will be some changes to EU law between the first anticipated exit day of 29 March and the current anticipated exit day of the end of October.
Last updated:
20 April 2023
SPBill25S062023
Requirements of category 1 regulators 9 Exercise of regulatory functions 10 (1) A category 1 regulator must exercise its regulatory functions— 1 (a) independently of its other functions or activities (if any), (b) properly in all respects (in particular, with a view to achieving public confidence). (2) Where a category 1 regulator has functions other than regulatory functions, it must— (a) establish and maintain a regulatory committee to discharge its regulatory functions, 15 (b) ensure that the governing body of the regulator does not interfere with the committee’s discharge of those functions, (c) when consulted on a matter relating to its regulatory functions, delegate responsibility for responding to the committee (in so far as the matter relates to those functions). 20 (3) A category 1 regulator must— (a) consult its regulatory committee before making decisions affecting the committee’s funding and resources, and (b) ensure that the committee is adequately funded and resourced to be able to discharge its functions. 25 (4) A regulatory committee may— (a) determine its structure, governance arrangements and priorities, (b) arrange for the exercise of its functions by a sub-committee or an individual (which may be a member of staff of the regulator). (5) An arrangement under subsection (4)(b) does not affect the regulatory committee’s— 30 (a) responsibility for the carrying out of delegated functions, or (b) ability to carry out delegated functions. (6) A regulatory committee of a category 1 regulator must consult the governing body of the regulator before making changes to its structure or governance arrangements. (7) Except where provided for in an enactment, the governing body and regulatory committee 35 of a category 1 regulator are to agree arrangements for resolving any disputes that may arise between them. 8 Regulation of Legal Services (Scotland) Bill Part 1—Regulatory framework Chapter 2—regulators (8) In this Part, a reference to the governing body of a category 1 regulator is a reference to the group of persons (however described) who are responsible for the direction, management and control of the regulator and the exercise of its statutory functions. 10 Regulatory committee: composition and membership 5 (1) It is for the regulatory committee of a category 1 regulator to appoint its members. (2) But a category 1 regulator may appoint members to its regulatory committee if, at the time of appointment, the regulatory committee is unable to do so (for example, if it is appointing the members of the first regulatory committee). (3) A member of a regulatory committee— 10 (a) may be a person regulated by the regulator as a legal services provider, but 1 (b) must not be, or have been for at least two years, involved in the governance of the regulator or the exercise of its non-regulatory functions. (4) A person may not be a member of the regulatory committee if the person— (a) has had a right to practise (in law or otherwise) removed as a result of a finding 15 of misconduct by a professional or disciplinary body, (b) is suspended from practising (in law or otherwise) by a professional or disciplinary body, (c) is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 or the Company Directors 20 Disqualification (Northern Ireland) Order 2002 (S.I.2002/3150 (N.I. 4)), or (d) has been convicted of an offence involving dishonesty. (5) At least 50% of the members of a regulatory committee (and any sub-committee of it) of a category 1 regulator are to be lay members (see section 11). (6) For the purpose of subsection (4), a professional or disciplinary body is a body which, 25 in the opinion of the category 1 regulator, regulates the provision of professional services (such as law or accountancy) by means of requiring persons who wish to provide those services to meet certain standards and criteria and adhere to rules governing acceptable practice and conduct. (7) A category 1 regulator must publish guidance in respect of how it applies subsection 30 (4) in such a manner as to bring it to the attention of persons who are likely to be interested in the membership of its regulatory committee. 11 Regulatory committee: lay and legal members (1) To be appointable as a lay member of a regulatory committee, a person must meet the criteria in subsections (2) and (3). 35 (2) The person must appear to the regulatory committee (or, in a case where the committee is unable to do so, the category 1 regulator) to be— (a) qualified to represent the interests of the public in relation to the provision of legal services in Scotland, or (b) having regard to the regulator’s regulatory functions, suitable in other respects. 9 Regulation of Legal Services (Scotland) Bill Part 1—Regulatory framework Chapter 2—regulators (3) The person must not be, and must not have been for at least 10 years, eligible for appointment as a legal member. (4) To be appointable as a legal member of a regulatory committee, the person must be— (a) a solicitor or a person training to become a solicitor in accordance with regulations 5 made under section 5 of the 1980 Act, (b) an advocate or a person who has matriculated as an intrant with a view to becoming an advocate, (c) a conveyancing or executry practitioner as defined in section 23 of the 1990 Act, (d) a person who has acquired a right to provide legal services by virtue of Chapter 10 3 (or under section 27 of the 1990 Act), 1 (e) regulated or represented by— (i) a regulatory body authorised by the Legal Services Board established under section 2 of the Legal Services Act 2007 with the exception of those authorised to regulate chartered accountants, 15 (ii) the Law Society of Northern Ireland, (iii) the Bar of Northern Ireland. 12 Regulatory committee: convener, sub-committees and minutes (1) The regulatory committee of a category 1 regulator is to appoint one of its lay members as its convener. 20 (2) If the convener is not present at a meeting of the committee, another of its lay members is to chair the meeting. (3) A sub-committee of the regulatory committee may— (a) be chaired by a person other than a lay member, (b) co-opt persons who are not members of the regulatory committee (subject to 25 section 10(3)(b) and (4)). (4) On the request of any person for a copy of the minutes of a meeting of the regulatory committee of a category 1 regulator, the committee must, if the request is reasonable, give the person a copy of those minutes within the period of 28 days beginning with the day of the request. 30 (5) Where a request for a copy of minutes is made under subsection (4), the regulatory committee— (a) may withhold information contained in the minutes, and (b) if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so. 35 13 Annual reports of category 1 regulators (1) A category 1 regulator or, where section 9(2) applies, its regulatory committee, must prepare a report on the exercise of its regulatory functions as soon as practicable after the end of each reporting year. 10 Regulation of Legal Services (Scotland) Bill Part 1—Regulatory framework Chapter 2—regulators (2) The report must include— (a) information demonstrating how the category 1 regulator or, where section 9(2) applies, its regulatory committee, is complying with the regulatory objectives, (b) information as to how the regulator or, where section 9(2) applies, its regulatory 5 committee, is carrying out its regulatory functions, (c) a statement on the strategic priorities of the regulator or, where section 9(2) applies, its regulatory committee, for the next reporting year in relation to its regulatory functions, (d) a copy of the regulator’s or, where section 9(2) applies, its regulatory committee, 10 annual accounts (in so far as they are relevant to the carrying out of regulatory 1 functions), (e) a summary of decisions to pay out from the compensation fund and professional indemnity insurance, including details on— (i) how decisions on claims are made, 15 (ii) the criteria for making decisions, (iii) the average length of time it has taken to make a payment following the making of a claim, (iv) the proportion of claims that have been paid out, whether in part or in full, compared to the number of claims made, 20 (f) information on any measures taken or financial penalties imposed by the regulator on legal services providers that it regulates as a result of complaints remitted (or treated as having been remitted) to it under the 2007 Act (including information as to compliance with the measures and the actions taken to enforce them), (g) where the Commission has given a direction in relation to the handling of 25 complaints, details of how the regulator or, where section 9(2) applies, its regulatory committee, has complied with it, (h) where the Commission has given a direction in relation to the compensation fund, details of how the regulator or, where section 9(2) applies, its regulatory committee, has complied with it, 30 (i) details of steps taken by the regulator or, where section 9(2) applies, its regulatory committee, to ensure compliance with any measures taken under section 20 by the Scottish Ministers, (j) a statement indicating whether the regulator or, where section 9(2) applies, its regulatory committee, considers the category which it has been assigned is 35 appropriate for the purposes of section 8 (having regard to section 8(6)). (3) Where section 9(2) applies— (a) the category 1 regulator must make available to its regulatory committee such information as the committee may require to prepare an annual report under this section, 40 (b) the report must include such information as the committee considers relevant about— (i) the committee’s internal governance arrangements, and 11 Regulation of Legal Services (Scotland) Bill Part 1—Regulatory framework Chapter 2—regulators (ii) the relationship between the committee and the regulator’s governing body, and (c) the regulatory committee must involve the governing body of the regulator in the preparation of the report. 5 (4) When preparing an annual report, a category 1 regulator, or where section 9(2) applies, its regulatory committee must consult— (a) the Lord President, and (b) the independent advisory panel of the Commission. (5) A category 1 regulator, or where section 9(2) applies, its regulatory committee, must 10 provide a copy of each annual report it prepares under this section to the Scottish 1 Ministers. (6) The Scottish Ministers must— (a) lay a copy of each annual report they receive before the Scottish Parliament, and (b) publish the report in such manner as they consider appropriate (having regard to 15 the desirability of it being accessible to those likely to have an interest in the report). (7) In this section, “reporting year” means a 12 month period ending on 31 March...
Last updated:
3 November 2022
Petition Greyhound Racing in Scotland 3 November 2022
Paper presented at the Morris, T., Karamatic, S., Paine, S.W., SGV Scientific Meeting, March 2011. Hudson, S. and Gower, S. (2020) GBGB Payne, R.
Questions and Answers
Date answered:
29 April 2021
S5W-36001
Data for Q1 2021 (January - March) will be published by PHS on 30 June 2021.
Questions and Answers
Date answered:
17 February 2021
S5W-34923
During the current period of restrictions, £3.8 million has been made available for grants in each 4 week period, this will total £11.2 million between January-March. In view of the reopening of the early learning and childcare sector from the 22 February we are considering how best to utilise the one third of the fund identified for March to best support those in the sector in greatest need, in particular if restrictions continue for school age childcare settings.
Questions and Answers
Date answered:
22 December 2020
S5W-33919
The Plan, which will be live from now until March 2023, is operationally focused with an emphasis placed on diagnosis and treatment.
Questions and Answers
Date answered:
26 October 2020
S5W-31900
To ask the Scottish Government what additional financial support it has provided to (a) CalMac and (b) Northlink in each month since March 2020 to enable it to respond to the financial pressures arising from the COVID-19 pandemic.
Questions and Answers
Date answered:
4 June 2020
S5W-29033
Scottish Government was first made aware on 3 March 2020 that there had been a case testing positive for COVID-19, relating to the Nike Conference held in Edinburgh on 27 February.
Questions and Answers
Date answered:
2 June 2020
S5W-29015
The Scottish Government was first informed of a case of COVID-19 in Scotland on Sunday 1 March 2020 by Health Protection Scotland.
