Implementation of the Islands (Scotland) Act 2018: report

Sections of The Islands (Scotland) Act 2018

The Islands Act contains 32 sections, arranged into 8 Parts of which 6 are key (as detailed in the table at the end of this report). This report provides an update on these, as well as an overview of all specific legislative, policy and implementation work undertaken since the introduction of the Act to improve outcomes for Scotland's island communities:

Part 1

Key definitions: This Part of the Act sets out the definition of an island, an inhabited island, and an island community. An island includes all naturally formed areas enclosed by the sea and above water at high tide, ignoring the addition of man-made structures such as bridges, which means that islands like the Isle of Skye are included. An inhabited island is defined as being permanently inhabited by at least one individual, whilst island community is interpreted broadly to include communities of common interest, identity or geography whether resident on a single island; or spanning a group of islands. Within these parameters, even two people who permanently inhabit an island can constitute an island community.

Part 2

National Islands Plan: This places a duty on Scottish Ministers to prepare, lay before the Scottish Parliament and publish a 'National Islands Plan', which sets out the main objectives and strategy of the Scottish Government in relation to how relevant authorities might help to improve outcomes for island communities that result from, or are contributed to by the carrying out of, functions of a public nature. The first draft of the Plan had to come before Scottish Parliament within 12 months of Part 2 of the Act coming into force. Ministers are now reporting on the Plan annually to monitor progress and to consider where outcomes may or may not have improved.

Part 3

Duties in relation to island communities: These provisions require relevant authorities, including the majority of public bodies and the Scottish Ministers, to have regard to island communities in carrying out their functions. To comply with this duty, relevant authorities must make arrangements to review their policies, strategies and services and either prepare an Island Communities Impact Assessment where that is required (see below), or otherwise assess or take appropriate steps in relation to the policy, strategy or service in question. There is a power for Ministers to issue guidance in relation to the duty. This guidance has been issued and is currently being moderately revised in response to feedback from relevant authorities.

An Island Communities Impact Assessment is required where a policy, strategy or service is considered, by the relevant authority, likely to have a significantly different effect on island communities compared to other communities (including other island communities). A similar duty is imposed on the Scottish Ministers in relation to legislation, which, in their view is likely to have an effect on an island community which is significantly different from its effect on other communities in Scotland.

Part 4

Representation of island communities: This Part provides for the protection of the Scottish parliamentary constituency boundary of Na h-Eileanan an Iar from variation (thus placing it on the same basis as Orkney and Shetland). It also allows an exception to be made, in respect of areas with inhabited islands, to the usual three or four member ward rule for local government electoral wards and allows areas with inhabited islands to return one or two members instead of three or four. This is an effort to increase flexibility and subsequently reduce the likelihood of island communities being part of a ward which also includes part of the mainland, and therefore being represented by a councillor who is not resident on an island. Also under Part 4, Boundaries Scotland submitted its final proposals for councillor numbers and wards in Na h-Eileanan an Iar, Orkney Islands and Shetland Islands council areas to Scottish Ministers in May 2021.

The Islands (Scotland) Act 2018 required the Commission to review the six councils containing inhabited islands (Argyll and Bute, Highland, North Ayrshire, Orkney, Shetland and Na h-Eileanan an Iar) as soon as practicable. The reviews formally commenced in January 2019 and the Commission has submitted its proposals on a timescale that would allow them to be in force, if accepted by the Scottish Parliament, in time for the local government elections in 2022.

Part 5 (and section 15)

Additional Powers Requests: These provisions require the Scottish Ministers to establish a scheme to allow local authorities to request that additional devolved functions, duties or responsibilities be transferred to them. The Act requires that a draft of the regulations establishing the scheme must be laid before the Scottish Parliament before 6 July 2019. In accordance with section 15(4) of the Act, Scottish Ministers consulted with each local authority listed in the schedule of the Act(2) and the resulting regulations were made on 17 October 2019.

Part 6

Development in the Scottish island marine area: This provision gives the Scottish Ministers regulation-making powers to establish a licensing scheme in respect of development activities within the Scottish island marine area (adjacent to, or within 12 nautical miles of an island). Under the regulations, a person will not be able lawfully to carry out a development activity in an area designated under regulations as an "island licensing area" without first obtaining a licence from a local authority; and if such a licence is granted, will have to carry out the activity in compliance with its terms. For areas to be designated as an "island licensing area", a local authority will first have to apply to the Scottish Ministers for a designation to be made.