Recent Reports
Aithisgean ùra
Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
Feedback
Ais-eòlas
Recent Reports
Aithisgean ùra
Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
Feedback
Ais-eòlas
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
SHARE
PDF
Published: Thursday 06 Aug 2020 (SB 20-50)
Expand
Overview
Report
Hide
Hide
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
prev
next
Scottish Government. (2020, June 18). UK Withdrawal from the European Union (Continuity) (Scotland) Bill. Retrieved from
https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/uk-withdrawal-from-the-european-union-continuity-scotland-bill-2020/introduced/bill-as-introduced-uk-withdrawal-from-the-european-union-continuity-scotland-bill.pdf
[accessed 3 August 2020]
Atherton, S., & McIver, I. (2020). UK Withdrawal from the European Union (Continuity) (Scotland) Bill: Parts 1 and 3. Retrieved from
https://digitalpublications.parliament.scot/ResearchBriefings/Report/2020/8/4/UK-Withdrawal-from-the-European-Union--Continuity---Scotland--Bill--Parts-1-and-3
[accessed 4 August 2020]
Savaresi, A. (2020, January 9). Environmental Governance in Scotland after EU Exit, SB 20-02. Retrieved from
https://digitalpublications.parliament.scot/ResearchBriefings/Report/2020/1/9/Environmental-Governance-in-Scotland-after-EU-Exit
[accessed 6 July 2020]
Scottish Government, Roundtable on Environment and Climate Change. (2018, June 1). Environmental Governance in Scotland on the UK’s withdrawal from the EU. Retrieved from
https://www.gov.scot/publications/report-roundtable-environment-climate-change-environmental-governance-scotland-uks-withdrawal/pages/1/
[accessed 16 July 2020]
The Scottish Government. (n.d.) Environmental governance in Scotland after Brexit: report. Retrieved from
https://www.gov.scot/publications/report-roundtable-environment-climate-change-environmental-governance-scotland-uks-withdrawal/
[accessed 17 July 2020]
The Scottish Government. (2019). Consultation on Environmental Principles and Governance in Scotland. Retrieved from
https://consult.gov.scot/environment-forestry/environmental-principles-and-governance/
[accessed 4 August 2020]
The Scottish Government. (2020, February). The Environment Strategy for Scotland: Vision and Outcomes. Retrieved from
https://www.gov.scot/binaries/content/documents/govscot/publications/strategy-plan/2020/02/environment-strategy-scotland-vision-outcomes/documents/environment-strategy-scotland-vision-outcomes/environment-strategy-scotland-vision-outcomes/govscot%3Adocument/environment-strategy-scotland-vision-outcomes.pdf
[accessed 4 August 2020]
The Scottish Government. (2019, September 3). Protecting Scotland's Future: the Government's Programme for Scotland 2019-2020. Retrieved from
https://www.gov.scot/publications/protecting-scotlands-future-governments-programme-scotland-2019-20/
[accessed 4 August 2020]
The Scottish Government. (n.d.) Consultation on Environmental Principles and Governance in Scotland - Published Responses. Retrieved from
https://consult.gov.scot/environment-forestry/environmental-principles-and-governance/consultation/published_select_respondent
[accessed 4 August 2020]
Scottish Government. (2020, June 18). UK Withdrawal from the European Union (Continuity) (Scotland) Bill Explanatory Notes:. Retrieved from
https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/uk-withdrawal-from-the-european-union-continuity-scotland-bill-2020/introduced/explanatory-notes-uk-withdrawal-from-the-european-union-continuity-scotland-bill.pdf
[accessed 25 July 2020]
The Scottish Governemnt. (2020, June 18). UK Withdrawal from the European Union (Continuity) (Scotland) Bill Policy Memorandum. Retrieved from
https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/uk-withdrawal-from-the-european-union-continuity-scotland-bill-2020/introduced/policy-memorandum-uk-withdrawal-from-the-european-union-continuity-scotland-bill.pdf
[accessed 21 June 2020]
The Scottish Government. (2013). Strategic Environmental Assessment - Guidance. Retrieved from
https://www.gov.scot/publications/strategic-environmental-assessment-guidance/
[accessed 17 July 2020]
Environmental Assessment (Scotland) Act 2005 - Explanatory Notes. (n.d.) Retrieved from
https://www.legislation.gov.uk/asp/2005/15/notes/contents
[accessed 4 August 2020]
The Scottish Government. (2020). National Performance Framework. Retrieved from
https://nationalperformance.gov.scot/
[accessed 17 July 2020]
United Nations. (2015). Sustainable Development Goals. [accessed 17 July 2020]
Scottish Environment LINK. (2020). LINK Parliamentary Briefing: ECCLR Session on Environmental Principles and Governance January 2020. Retrieved from
https://www.scotlink.org/wp-content/uploads/2020/01/Briefing-for-ECCLR-Principles-and-Governance-Session-10th-Jan-2020.pdf
[accessed 6 August 2020]
Morrison, A., & Atherton, S. (2020, May). The UK Environment Bill. Retrieved from
https://digitalpublications.parliament.scot/ResearchBriefings/Report/2020/5/28/The-UK-Environment-Bill
[accessed 6 August 2020]
Scottish Environment Protection Agency (SEPA). (2020, July). Response to Environment, Climate Change and Land Reform Committee call for views on the UK Withdrawal from the European Union (Continuity) (Scotland) Bill.
Scottish Government. (2019, February 16). Consultation on Environmental Principles and Governance in Scotland. Retrieved from
https://consult.gov.scot/environment-forestry/environmental-principles-and-governance/
[accessed 9 July 2020]
Scottish Government. (2020, June 18). Explanatory Notes: UK Withdrawal from the European Union (Continuity) (Scotland) Bill. Retrieved from
https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/uk-withdrawal-from-the-european-union-continuity-scotland-bill-2020/introduced/explanatory-notes-uk-withdrawal-from-the-european-union-continuity-scotland-bill.pdf
Scottish Government. (2020, June 18). UK Withdrawal from the European Union (Continuity) (Scotland) Bill Financial Memorandum. Retrieved from
https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/uk-withdrawal-from-the-european-union-continuity-scotland-bill-2020/introduced/financial-memorandum-uk-withdrawal-from-the-european-union-continuity-bill.pdf
[accessed 8 July 2020]
Harvie-Clark, S. (2016, July 8). Judicial Review. Retrieved from
http://www.parliament.scot/parliamentarybusiness/100350.aspx
[accessed 9 May 2017]
Barlow, D., Nichol, S., Rehfisch, A., & Reid, A. (2013, May 16). Regulatory Reform (Scotland) Bill – Stage 1. Retrieved from
https://www.parliament.scot/parliamentarybusiness/63491.aspx
[accessed 2 July 2020]
Scottish Information Commissioner. (n.d.) Environmental Information (Scotland) Regulations 2004. Retrieved from
http://www.itspublicknowledge.info/Law/EIRs/EIRs.aspx
[accessed 1 July 2020]
Scottish Government. (n.d.) Public appointments: Chair & Members - Environmental Standards Scotland. Retrieved from
https://applications.appointed-for-scotland.org/pages/job_search_view.aspx?jobId=2781
[accessed 24 July 2020]
Scottish Public Services Ombudsman. (n.d.) Response 48652774. Retrieved from
https://consult.gov.scot/environment-forestry/environmental-principles-and-governance/consultation/view_respondent?_b_index=60&uuId=48652774
[accessed 15 July 2020]
Mineral Products Association. (n.d.) Response 1015803383. Retrieved from
https://consult.gov.scot/environment-forestry/environmental-principles-and-governance/consultation/view_respondent?_b_index=0&uuId=1015803383
[accessed 15 July 2020]
National Farmers Union Scotland. (n.d.) Response 657470483. Retrieved from
https://consult.gov.scot/environment-forestry/environmental-principles-and-governance/consultation/view_respondent?_b_index=60&uuId=657470483
[accessed 15 July 2020]
Scottish Environmental Protection Agency. (n.d.) Response 268862819. Retrieved from
https://consult.gov.scot/environment-forestry/environmental-principles-and-governance/consultation/view_respondent?_b_index=60&uuId=268862819
[accessed 15 July 2020]
Scottish Environment LINK. (2020, July 13). How good are Scotland’s new draft environment laws?. Retrieved from
https://www.fightforscotlandsnature.scot/news/how-good-are-scotlands-new-draft-environment-laws/
[accessed 15 July 2020]
Gemmell, C. (2019, October). Environmental Governance: effective approaches for Scotland post-Brexit Final Report. Retrieved from
https://www.scotlink.org/wp-content/uploads/2019/12/REPORT-Environmental-Governance-effective-approaches-for-Scotland-post-Brexit-OCT-2019.pdf
[accessed 8 July 2020]
Scottish Government. (2016, March). Developments in environmental justice in Scotland. Retrieved from
https://consult.gov.scot/courts-judicial-appointments-policy-unit/environmental-justice/
[accessed 16 July 2020]
Scottish Government. (2017, September 29). Developments in environmental justice in Scotland: analysis and response. Retrieved from
https://www.gov.scot/publications/developments-environmental-justice-scotland-analysis-response/pages/5/
[accessed 16 July 2020]
House of Commons Library. (2020, March 6). Commons Library analysis of the Environment Bill 2019-20. Retrieved from
https://commonslibrary.parliament.uk/research-briefings/cbp-8824/
[accessed 16 July 2020]
Last Updated: 18/7 9:29am
An error occured while loading, please try again in a few minutes.
Refresh
BACK TO TOP
