UK Offence Report

The Environmental Regulation (Relevant Offences) (Scotland) Order 2014

Scottish Statutory Instrument 2014 No. 319 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
19 November 2014
In force from
31 December 2014
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Regulatory Reform (Scotland) Act 2014

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order specifies relevant offences for the purposes of sections 34, 35, 36, 38 and 39 of the Regulatory Reform (Scotland) Act 2014 (“the Act”). Article 2(1) provides that the offences listed in Schedule 1 are the relevant offences for the purposes of section 34 of the Act. Section 34 of the Act modifies section 249(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (compensation orders against convicted persons) where a person is convicted of a relevant offence. The modifications allow payment of compensation to a relevant person for costs incurred (or to be incurred) in preventing, reducing remediating or mitigating the effects of any harm to the environment resulting from the offence, or other harm loss damage or adverse impacts. Article 2(2) provides that the offences listed in Schedule 2 are the relevant offences for the purposes of section 35 of the Act. Section 35 provides that, where a person is convicted of a relevant offence and the court proposes to impose a fine, the court must have regard to any financial benefit which has accrued (or is likely to accrue) as a consequence of the offence. Article 2(3) provides that the offences listed in Schedule 3 are the relevant offences for the purposes of section 36 of the Act. Section 36 provides that, where a person is convicted of a relevant offence, the court may make a publicity order. Article 2(4) provides that the offences listed in Schedule 4 are the relevant offences for the purposes of sections 38 and 39 of the Act. Section 38 makes provision for vicarious liability for relevant offences by employees and agents. Section 39 makes provision for liability where activity is carried out by arrangement with another.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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