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Aithisgean ùra
Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
Feedback
Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Stage 1 report on the UK Withdrawal from the European Union (Continuity) (Scotland) Bill
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Published: Tuesday 22 Sep 2020 (ECCLRS0520R10)
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Overview
Report
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Overview
Report
Membership changes
Introduction
Part 1 – alignment with EU law
Power – or duty – to align with EU law (s1)
Parliamentary scrutiny of Scottish Ministers’ use of s1 powers
Implications of the proposed UK Internal Market Bill
Common frameworks
Part 2 – environment
Part 2, chapter 1 – environmental principles
The Bill
EU environmental principles
Environmental principles provided for in the Bill (s9(1))
Additional principles - integration principle
Additional principles - high level of environmental protection
Other additional principles raised with the Committee
Guidance on the environmental principles (s13)
Duty to “have regard to” the principles (s10(1) and 11(1))
Exclusions from the duty ‘to have regard to’ the principles (s10(3))
Requirement for responsible authorities to consider the principles (s11)
Definition of ‘environment’ (s12(2))
Part 2, chapter 2 – Environmental Standards Scotland
Continuity in environmental governance
Functions and powers
Functions and powers – individual cases
Functions and powers – exclusion of climate change targets
Functions and powers – exclusion of finance or budgets
Functions and powers – relationships with other bodies
Independence from the Scottish Government
Remit and definition of “the environment” and “environmental law”
International obligations and developments in international law
Courts
Governance gaps between the Office for Environmental Protection and the ESS
Costs and ESS budget
Interim arrangements
Section 36 (Confidentiality of proceedings)
Sustainable development
Recommendations on the general principles
Image: Sustainable development
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