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Environmental Standards Scotland

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Environmental Standards Scotland
Scottish Gaelic: Ìrean Àrainneachdail na h-Alba
Agency overview
Formed21 October 2021[1]
TypeNon-ministerial government department
JurisdictionScotland
HeadquartersThistle House, 91 Haymarket Terrace, Edinburgh
Annual budget£2,192,000 (2022-23)[2]
Agency executives
  • Mark Roberts, Chief Executive[2]
  • Jim Martin, Chair[3]
Websitewww.environmentalstandards.scot

Environmental Standards Scotland (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.[4][5][3]

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.[5]

Equivalent bodies

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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

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References

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