Part 6: Environmental outcomes reports General Section 163: Guidance Effect
Subsections (1) and (2) and (4) require public authorities to have regard to guidance issued by the Secretary of State or by the devolved authorities, where relevant regulations are made jointly by the Secretary of State and one or more devolved authorities, or by a devolved authority acting alone. "Devolved authorities" is defined in section 167(3).
	Subsection (3)(a) requires the Secretary of State to obtain the consent of Scottish Ministers, Welsh Ministers or relevant Northern Ireland departments before issuing guidance in relation to EOR regulations made jointly with them that would be within the devolved legislative competence of the Scottish Ministers, Welsh Ministers or Northern Ireland departments. Subsections (3)(b)-(d) require the Scottish Ministers, Welsh Ministers and Northern Ireland departments to obtain the Secretary of State’s consent before making guidance relating to matters outside their respective devolved legislative competence. The meaning of devolved legislative competence is set out in section 157.
	Subsection (4) defines the relevant Northern Ireland department.
	Subsections (6)-(9) require public authorities which carry out functions under existing environmental assessment legislation (as set out in Schedule 14) to have regard to guidance issued either by the Secretary of State (where the relevant existing environmental legislation is listed in Part 1 of that Schedule) or by the Scottish Ministers, Welsh Ministers or Northern Ireland departments (where it is listed in Parts 2, 3 or 4 respectively). Particular provisions apply in respect of Schedule 3 to the Harbours Act 1964.
	Subsection (10) allows for regulations to introduce a requirement that where any person carrying out a function in respect of Environmental Outcomes Report regulations fails to have regard to guidance, then that function will not be valid.