Appendix E: Legislation Review
Introduction
A wide range of legislation is relevant to the nine principal environmental topics considered in the SEA, as listed in Chapter 1 of the main Scoping Report. This legislation is summarised in section 1.2.
Legislation
Climate Change (Emissions Reduction Targets) (Scotland) Act, 2019
The Act sets targets to reduce Scotland's emissions of all greenhouse gases to net-zero by 2045 at the latest, with interim targets for reductions of at least 56% by 2020, 75% by 2030, 90% by 2040.
Relevant SEA Topics
Climatic Factors
Local Air Quality Management Act (Part of the Environment Act 1995)
Sets out duties requiring local authorities to review and assess air quality in their area with the reviews forming the cornerstone of the system of local air quality management.
Relevant SEA Topics
Climatic Factors, Air Quality
Air Quality Standards (Scotland) Regulations 2010, transposing the EU Ambient Air Quality Directive (2008/50/EC)
These set limits and targets for several airborne pollutants with implications for human health, including carbon monoxide, oxides of nitrogen, Sulphur dioxide, and particulates.
Relevant SEA Topics
- Air Quality
- Population and Human Health including Noise and Vibration
Equality Act 2010
The Equality Act 2010 requires public authorities to work to eliminate discrimination and promote equality in all their activities. Under Section 149 of the Equality Act a public authority has a duty to ensure that all decisions are made in such a way as to minimise unfairness, and do not have disproportionately negative impacts on people because of their protected characteristics or background.
Relevant SEA Topics
Population and Human Health
Fairer Scotland Duty (2018)
The Fairer Scotland Duty Part 1 of the Equality Act 2010 went into force in Scotland from April 2018. It places a legal responsibility on certain bodies in Scotland to actively consider (‘pay due regard’ to) how they can reduce inequalities of outcome caused by socio-economic disadvantage, when making strategic decisions. Local Authorities are considered covered by the Duty.
The guidance is currently ‘interim’ as the Scottish Government want the final guidance to be developed with public bodies that have experience of working on the Duty. The Duty will be subject to a three-year implementation phase in which there will be interaction with the Equality and Human Rights Commission (The Duty Regulator).
In order for public bodies to fulfil their obligations under the Duty, they must meet key requirements: To actively consider how they would reduce inequalities of outcome in any major strategic decision they make; and to publish a written assessment, showing how they’ve done this.
Relevant SEA Topics
Population and Human Health
EC Ambient Air Quality Directive (2008/50/EC)
This Directive is transposed via the Air Quality Standards (Scotland) Regulations 2010 and these set limits and targets for several airborne pollutants including carbon monoxide, oxides of nitrogen, sulphur dioxide, and particulates. The Regulations also satisfy the mandate of the EC’s 4th Air Quality Daughter Directive (2004/107/EC), which applies limits to ambient concentrations of certain heavy metals and polycyclic aromatic hydrocarbons.
Relevant SEA Topics
- Air Quality
- Population and Human Health
Air Quality (Scotland) Regulations 2000, Air Quality (Scotland) Regulations 2022 and Air Quality (Scotland) Regulations 2016
Sets objectives for several airborne pollutants with implications for human health under the Environment Act 1995.
Relevant SEA Topics
- Air Quality
- Population and Human Health
The Pollution Prevention and Control (Scotland) Regulations 2012
Allows for the regulation and monitoring of certain industrial activities that can generate airborne pollution.
Relevant SEA Topics
- Air Quality
- Population and Human Health
Council Directive 79/409/EEC on the conservation of wild birds / Directive 2009/147/EC (codified version)
Relates to the long-term conservation of all species of naturally occurring birds in the wild state across European Member States. Applies to factors with potential to affect birds, including human activity leading to habitat destruction and pollution. Allows for designation of special protection areas, as part of a coherent ecological network (the Natura 2000 network).
Relevant SEA Topics
Biodiversity, Flora and Fauna
Council Directive 92/43/EEC the conservation of natural habitats and of wild fauna and flora
Aims to promote the maintenance of biodiversity as part of sustainable development. Allows for designation of special areas of conservation, as part of a coherent ecological network known as the Natura 2000 network. Notes that land-use planning, and development policies should encourage the management of features of the landscape which are of major importance for wild fauna and flora. Also requires an appropriate assessment to be made of any plan or programme likely to have a significant effect on the conservation objectives of a designated site.
Relevant SEA Topics
Biodiversity, Flora and Fauna
Wildlife and Countryside Act 1981
The Act gives protection to native species, controls the release of non-native species, enhances the protection of Sites of Special Scientific Interest (SSSI) and builds upon the rights of way rules.
Relevant SEA Topics
- Biodiversity
- Flora and Fauna
Nature Conservation (Scotland) Act (2004)
Places a duty on public bodies and officeholders to make provisions for biodiversity conservation when carrying out any activity. It puts restrictions on any activities which might damage a protected feature of a SSSI and requires consent from NatureScot (although there are exceptions to this, of which Planning Permission under Part III of the Town and Country Planning (Scotland) Act 1997 is one). In addition, it covers the creation of Nature Conservation Orders and Land Management Orders, prohibiting certain activities on certain land.
Relevant SEA Topics
- Biodiversity
- Flora and Fauna
Wildlife and Natural Environment (Scotland) Act 2011
Draws together and updates legislation on nature conservation. Focuses on a series of key measures relating to certain land management activities.
Relevant SEA Topics
- Biodiversity
- Flora and Fauna
EU’s Water Framework Directive (2000/60/EC)
Introduced as a more comprehensive approach to managing and protecting Europe’s water bodies including rivers, lochs, transitional waters, coastal waters, and groundwater resources. The WFD sets out a requirement for an assessment of both chemical and ecological status, alongside the requirement to consider the status of bringing all European waters to “good ecological chemical status”. The Directive was transposed into Scottish law by the WEWS Act 2003.
Relevant SEA Topics
Water Environment
Water Environment and Water Services (Scotland) Act 2003
The aim of the Act is to protect the water environment by implementing the Water Framework Directive 2000/60/EC and its daughter Directives, Priority Substances Directive (2008/105/EC) and Groundwater Directive (2006/118/EC). The Act seeks to promote sustainable water use, reduce discharges and emissions as well as reduce the pollution of groundwater.
Relevant SEA Topics
Water Environment
Water Environment and Water Services (WEWS) (Scotland) Act 2003
Scotland fulfils its water protection obligations under the WFD primarily through WEWS which defines the establishment of River Basin Management Plans. These plans aim to improve the environment status of water bodies and generally reduce adverse impacts on the water environment.
Relevant SEA Topics
Water Environment
Flood Risk Management (Scotland) Act 2009
The Act sets out a more sustainable approach to flood risk management. The Act includes the following specific measures:
- A framework for coordination and cooperation between all organisations involved in flood risk management
- Assessment of flood risk and preparation of flood risk management plans
- New responsibilities for SEPA, Scottish Water and local authorities in relation to flood risk management
- A revised, streamlined process for flood protection schemes
- New methods to enable stakeholders and the public to contribute to managing flood risk, and
- A single enforcement authority for the safe operation of Scotland’s reservoirs
Relevant SEA Topics
Water Environment
Islands (Scotland) Act 2018
The purpose of the Act is to make provision for a National Islands Plan, to impose duties in relation to island communities on certain public authorities, to make provision about the electoral representation of island communities, and to establish a licensing scheme in respect of marine development adjacent to islands. The purpose of a future national islands plan is to set out the main objectives and strategy of the Scottish Ministers in relation to improving outcomes for island communities. In addition, the Act requires Scottish Ministers to prepare an island communities impact assessment in relation to legislation which would affect an island community.
Relevant SEA Topics
Population and Human Health
Historic Environment Scotland Act 2014
The Historic Environment Scotland Act 2014 sets out Historic Environment Scotland’s role and legal status, including changes in processes for the designation of monuments and buildings (scheduling and listing) and for consents relating to scheduled monuments, listed buildings and conservation areas.
Relevant SEA Topics
Cultural Heritage
Transport (Scotland) Act 2019
The Transport (Scotland) Act 2019 aims to make Scotland’s transport network cleaner, smarter and more accessible by empowering local authorities and establishing consistent standards to tackle current and future challenges, while delivering a more responsive and sustainable transport system.
The Act requires the production of a national transport strategy to set out various provisions including low emission zones, bus service improvements, smart ticketing, pavement parking prohibitions, workplace parking levies etc.
Relevant SEA Topics
- Air Quality
- Climatic Factors
- Population and Human Health including Noise and Vibration
- Material Assets
Climate Change Act 2008
The Act applies to the whole of the United Kingdom (with specified exceptions which apply in England, Wales and/or Northern Ireland only).
Sets a framework for the reduction of net UK carbon dioxide and targeted GHG emissions by 80% by 2050 (compared to the baseline in 1990). This target has subsequently been amended (see below).
Secretary of State (SoS) duty to set “carbon budgets” for UK emissions for five-year periods, considering any representations made by the other national authorities (including the Scottish Government). Matters to be considered include scientific knowledge and technology relevant to climate change, economic impact and competitiveness, impact on fuel poverty, energy policy, differences between England, Scotland, Wales, and Northern Ireland.
Duty to prepare policies and proposals for meeting carbon budgets, which as a whole must contribute to sustainable development. SoS “may” take into account proposals and policies of other national authorities (the Scottish Ministers are the relevant national authority for the Scottish Parliament).
UK GHG emissions are those from sources in the UK. They do not include emissions from international aviation or international shipping unless regulations provide (see Scottish Regulations below).
Annual progress reports should be provided to the UK Parliament by the Committee on Climate Change (CCC), setting out progress made towards meeting the target and further progress required. The SoS shall respond to the points in the progress report, in consultation with the other national authorities. The CCC is required to include members appointed by the other national authorities.
The national authorities may give the CCC directions on its functions, and may also request advice, analysis, or information in connection with climate change matters.
National authorities (Scottish Ministers) are provided powers to acquire carbon units representing reductions in GHG emissions “offsets”, including the power to purchase units or interest in units for other public bodies who do not have the power to do so of their own account.
The territorial scope of the Act apples to emissions occurring in, above or below UK coastal waters or the UK sector of the continental shelf.
Relevant SEA Topics
- Air Quality
- Climatic Factors
The Climate Change Act 2008 (2050 Target Amendment) Order 2019
Amends the Climate Change Act 2008 to increase the UK GHG emissions reduction target to 100% by 2050 (compared to 1990 baseline levels).
Relevant SEA Topics
Climatic Factors
Climate Change (Scotland) Act 2009
Sets a framework for GHG emissions reductions in Scotland by 42% by 2020 (“the interim target”), and 80% by 2050 (“the 2050 target”). (This target has subsequently been amended – see below).
Scottish Ministers are required to set an annual target for the net Scottish emissions account and ensure that it is not exceeded. The targets should be consistent with a reduction which will allow the interim target and 2050 target to be met, and after 2020 should be at least 3% less than the target for the preceding year.
GHG emissions are attributable to Scotland only if they are emitted from sources in Scotland, or if an order has been made regarding emissions from international aviation and shipping which are attributable to Scotland. (See regulations below).
Imposes duty on Scottish Ministers to publish plans in respect of land use, energy efficiency, renewable heat.
Sets requirements (via regulations) to assess energy performance and GHG emissions of non-domestic buildings and require owners to take steps to improve performance/reduce emissions.
Sets framework for preparation of waste prevention, reduction, management, recycling, use and disposal plans.
Sets framework for reduction of packaging.
Relevant SEA Topics
Climatic Factors
The Climate Change (International Aviation and Shipping) (Scotland) Order 2010
Provides a formula for calculating the extent of GHG emissions from international aviation and shipping which are to be included in the Scottish emissions.
Relevant SEA Topics
Climatic Factors
The Climate Change (Additional Greenhouse Gas) (Scotland) Order 2015
Includes nitrogen trifluoride as an additional GHG.
Relevant SEA Topics
Climatic Factors
The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015
Sets out regulations requiring all listed public bodies (including Scottish Ministers) to provide a report on compliance with its climate change duties, within 8 months of each reporting year.
The Scottish Government has recently consulted on proposed changes to this Order, on the ways that information and knowledge on climate change is shared between public sector bodies, whether they should set targets for themselves, and proposed changes to the mandatory reporting duties.
Relevant SEA Topics
Climatic Factors
The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020
Adds a further requirement that all listed public bodies will be required to include:
- a target date for achieving zero direct emissions of greenhouse gases, or such other targets that demonstrate how the body is contributing to Scotland achieving its emissions reduction targets.
- Targets for reducing indirect emissions of greenhouse gases
Also includes a requirement for listed bodies to provide information on how spending plans and use of resources will contribute towards delivering emissions targets.
Relevant SEA Topics
Climatic Factors
The Climate Change (Annual Targets) (Scotland) Orders 2010, 2011, 2015
Sets the annual emissions targets, expressed in tonnes of carbon dioxide equivalent, for the years in the periods 2010-2022, 2023-2027, and 2028-2032.
Relevant SEA Topics
Climatic Factors
The Companies (Directors’ Report) and Limited Liability Partnerships (Energy and Carbon Report) Regulations 2018
Known as the SECR (Streamlined Energy and Carbon Reporting) Regulations.
Sets out the reporting requirements for certain companies (excluding small businesses) to provide annual reports on emissions, energy consumption and energy efficient action.
It is applied in England, Wales and Scotland.
Relevant SEA Topics
Climatic Factors
The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016
Applicable to all non-domestic buildings over 1,000sqm unless constructed in accordance with relevant building standards or other specified criteria. Requires action plans to be prepared and implemented with respect to improving energy performance and reducing emissions.
Relevant SEA Topics
Climatic Factors
The Climate Change (Nitrogen Balance Sheet) (Scotland) Regulations 2022
The Balance Sheet brings together evidence from a range of sources in relation to flows of nitrogen across Scotland’s economy and environment. The Act requires a record of how “nitrogen use efficiency” contributes to achieving Scotland’s GHG emissions reduction targets.
Relevant SEA Topics
- Air Quality
- Climatic Factors