UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

31Compliance noticeS

(1)Environmental Standards Scotland may issue a compliance notice to a public authority if Environmental Standards Scotland considers that—

(a)in exercising its regulatory functions, the public authority—

(i)is failing to comply with environmental law, or

(ii)has failed to comply with environmental law in circumstances that make it likely that the failure will continue or be repeated, and

(b)its failure to comply with environmental law is causing, or has caused, environmental harm or a risk of environmental harm.

(2)A compliance notice is a notice requiring the public authority to whom it is issued to take the steps set out in the notice in order to address its failure to comply with environmental law.