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Published by The Scottish Parliamentary Corporate Body
UK Withdrawal from the European Union (Continuity) (Scotland) Bill - Part 2 -Environmental Principles and Governance
Author: Graeme Cook, Iain Thom and Alexa Morrison
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Published: Thursday 06 Aug 2020 (SB 20-50)
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Overview
Report
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Overview
Report
Executive Summary
Part 2: Environmental principles and governance
Development of the proposals
Environmental principles
Consultation & development of the principles proposals
The establishment of environmental principles in Scots law (sections 9-14)
Section 9 - The guiding principles on the environment
Section 10 - Ministers' duties to have regard to the guiding principles
Section 11 - Other authorities' duty to have regard to the guiding principles
Section 12 - Purpose of the duties under sections 10 and 11
Section 13 - Guidance
Section 14 -Procedure for publication of guidance
Stakeholder views and discussion
Measures on environmental principles in the rest of the UK
A new domestic environmental governance body - Environmental Standards Scotland
Background: what is the environmental 'governance gap'?
Consultation & development of the governance proposals
What the Bill does (Part 2, Chapter 2)
Sections 16-18: functions of ESS
Sections 19-34: powers and duties
Information notice
Compliance notice
Improvement report
Judicial Review
Scope of functions and powers
What "environmental law" is within ESS's remit?
When can ESS take compliance action?
How can ESS improve "effectiveness"?
Sections 35-36: information disclosure
Schedule 1: organisation
Transitional arrangements
Schedule 2: strategy
Interaction with environmental governance measures in the rest of the UK
Stakeholder views and discussion
Is a new body required?
Institutional models & independence from Ministers
What makes an effective governance body?
Opportunities and risks for a domestic governance body
Individual cases vs. systemic issues
Calls for an environmental court
Glossary
Sources
Image: The UN Sustainable Development Goals
Image: EU governance functions
Image: Background: what is the environmental 'governance gap'?
Image: Consultation & development of the governance proposals
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