Environmental Standards Scotland Explained

Agency Name:Environmental Standards Scotland
Agency Type:Non-ministerial government department
Nativename:Gaelic; Scottish Gaelic: Ìrean Àrainneachdail na h-Alba
Formed:21 October 2021[1]
Jurisdiction:Scotland
Headquarters:Thistle House, 91 Haymarket Terrace, Edinburgh
Region Code:SCT
Budget:£2,192,000 (2022-23)
Chief1 Name:Mark Roberts
Chief1 Position:Chief Executive
Chief2 Name:Jim Martin
Chief2 Position:Chair

Environmental Standards Scotland (Gaelic; Scottish Gaelic: Ìrean Àrainneachdail na h-Alba) is a non-ministerial office of the Scottish Government.[2] It was formed in October 2021 to scrutinise, investigate and secure improvements in the effectivesness of, and compliance with, environmental law. Its remit effectively replaces the scrutiny and enforcement role over Scotland's environmental law that was previously undertaken by the European Union prior to Brexit.[1]

The office's remit covers all public authorities in Scotland, including the Scottish Government and its public bodies, as well organisations carrying out functions on behalf of public authorities, and covers the land, air and marine environment of Scotland. It does not undertake monitoring of environmental issues directly, rather it requests information about policies, procedures, and environmental data, from other bodies. Where it is found that an existing environmental law or standard does not provide sufficient environmental protection, Environmental Standards Scotland is able to make an improvement report, which requires the Scottish Parliament to produce an action plan for implementing the report's recommendations.[3] [4] [5]

Environmental Standards Scotland has the power to issue "information notices" that require a body to provide relevant information, and "compliance notices" requiring specific actions to be undertaken. If a body does not implement the actions in a compliance notice then ESS can apply to the courts to seek enforcement. If a case is considered "serious" the office has the power to apply to the courts for a judicial review.[4]

Equivalent bodies

The Office for Environmental Protection is the equivalent body for England and Northern Ireland, and also has jurisdiction across the UK (including Scotland) in respect of reserved matters.[6]

The Interim Environmental Protection Assessor for Wales (IEPAW) is the equivalent body for Wales.[7]

See also

External links

Notes and References

  1. Web site: Welcome to Environmental Standards Scotland. 24 August 2022. Environmental Standards Scotland.
  2. Web site: National public bodies directory - Non-ministerial offices. 23 August 2022. Scottish Government. 26 July 2022.
  3. Web site: Our remit. 24 August 2022. Environmental Standards Scotland.
  4. Web site: Questions and answers from ESS online information sessions. 24 August 2022. Environmental Standards Scotland. January 2022.
  5. Web site: New independent standards body with enforcement powers set up to protect environment in Scotland. The Scotsman. 17 October 2022. 1 October 2021. Ilona Amos.
  6. Web site: What we do. Office for Environmental Protection. 24 August 2022.
  7. Web site: What we do . The Interim Environmental Protection Assessor for Wales (IEPAW) . Welsh Government . 6 February 2023 . 15 February 2024.