Climate change duties - draft statutory guidance for public bodies: consultation

2. Strategic Framework

This chapter outlines Scotland's strategic framework for climate action: the policies and legislation which embed climate change and sustainable development in the work of government.

It also aims to set climate and sustainability action within the wider context of a just transition, highlighting other key interlinked areas of policy and legislation including biodiversity, the wellbeing economy, community wealth building, sustainable development, equalities, health and wellbeing, human rights and health and safety.

The chapter ends with a section on impact assessments, outlining the key statutory and non-statutory impact assessments that bodies are likely to undertake as they develop and implement climate and sustainability plans, programmes and projects.

The strategic framework is supported by relevant sectoral legislation, for example covering heat in buildings, heat networks and the circular economy. This supporting legislation is detailed in following chapters and the accompanying supplements.

2.1 Scotland's Strategic Framework

The Scottish Government's strategic framework for action on climate change, sustainable development and a just transition puts them at the heart of government. Action is embedded through the National Performance Framework (NPF) and through various strategies, programmes, policies and plans. This strategic framework is made up of legislation, policies, practical support and tools. Delivery of the climate change duties by public bodies is an important aspect of the framework, both in terms of bodies exercising their functions, and in the influence they can bring to bear on service users, stakeholders and the supply chain.

The Environment Strategy creates an overarching framework for Scotland's environment and climate change policies, including the Climate Change Plan and National Adaptation Plan. The Scottish Government recognises biodiversity loss as a crisis as significant as, and closely interlinked with, the climate crisis, and has responded by publishing the Scottish Biodiversity Strategy. Over the coming years, biodiversity delivery plans and a monitoring framework will be progressed through developing and driving investment in nature based solutions. The biodiversity framework will play a significant role in delivering the national commitment to a nature-positive net zero and climate resilient Scotland.

Our action on climate change and biodiversity are aligned with our vision to create a wellbeing economy, where Scotland thrives across economic, social and environmental dimensions.

Public bodies should ensure they understand the strategic framework and take relevant policy, legislation and statutory obligations into account as they work to fulfil their climate change duties. Relevance will vary depending on the nature of the public body and its functions, and the sector in which they work. Key elements are described in the sections below.

2.1.1 National Performance Framework

The National Performance Framework (NPF) is the overarching framework within which the work of central and local government, and the wider public sector, takes place. The NPF aims to create a more successful country, with increased health and wellbeing and reduced inequalities, and where social, environmental and economic progress are given equal importance. It includes values which guide the approach to government and public services in Scotland - to treat all our people with kindness, dignity and compassion, and act in an open and transparent way.

To help achieve its aims, the framework sets out National Outcomes. The Outcomes describe the kind of country the framework is trying to create. These align with the United Nations Sustainable Development Goals (UN SDGs), reflect the values and aspirations of the people of Scotland and are intended to help to track progress towards their achievement.

Figure 1: the National Performance Framework

Graphic illustrating the National Performance Framework.

Our Purpose: to focus on creating a more successful country with opportunities for all of Scotland to flourish through increased wellbeing, and sustainable and inclusive economic growth.

Our Values: We are a society which treats all our people with kindness, dignity and compassion, respects the rule of law, and acts in an open and transparent way.

The National Outcomes:

• We have a globally competitive, entrepreneurial, inclusive and sustainable economy.
• We are open, connected and make a positive contribution internationally.
• We tackle poverty by sharing opportunities, wealth and power more equally.
• We live in communities that are inclusive, empowered, resilient and safe.
• We grow up loved, safe and respected so that we realise our full potential.
• We are well educated, skilled and able to contribute to society.
• We have thriving and innovative businesses, with quality jobs and fair work for everyone.
• We are healthy and active.
• We value, enjoy, protect and enhance our environment.
• We are creative and our vibrant and diverse cultures are expressed and enjoyed widely.
• We respect, protect and fulfil human rights and live free from discrimination.

Climate action is likely to contribute primarily to the Environment Outcome 'we value, enjoy, protect and enhance our environment'. However, due to the multiple dependencies between climate, environment and other factors, and the opportunities offered by a just transition to a low carbon economy, it will also contribute to all the key outcomes. For example:

• Economy – we have a globally competitive, entrepreneurial, inclusive and sustainable economy
• Fair Work and Business – we have thriving and innovative businesses, with quality jobs and fair work for everyone
• Communities – we live in communities that are inclusive, empowered, resilient and safe
• Health – we are healthy and active.

Climate change is not a single-issue policy area. Appropriate and effective action to tackle climate change and promote sustainable development is likely to enhance all National Outcomes. Conversely, the impacts of the changing climate will add stress and complexity to the achievement of the other outcomes.

The NPF measures Scotland's progress against the National Outcomes using a series of National Indicators. These include a range of social, environmental and economic indicators, and are intended to give a measure of national wellbeing. These illustrate how climate action is embedded across all of the National Outcomes, and how rising to meet climate challenges can achieve benefits across society and the economy. For example:

• Installing an air source heat pump to generate renewable heat and displace oil consumption from an old boiler contributes to the Environment Outcome, through the energy from renewable sources indicator; and to the Economy Outcome through the carbon footprint indicator. Reducing pollution and contributing to improved air quality contributes to the Health Outcome; while supporting renewable technology can provide opportunities for skills development and employment.
• Developing a sustainable business travel strategy to reduce travel emissions will contribute to the Economy Outcome through the carbon footprint indicator; and to the Health Outcome through the physical activity, active travel journeys and mental wellbeing indicators. Reducing the emissions associated with transport will help improve air quality, again contributing more widely to the Health Outcome.
• Creating new woodland to help manage flood risk as part of an adaptation plan may contribute to the Environment Outcome biodiversity indicator; to the Economy Outcome natural capital indicator; and Community Outcome access to blue and green space indicator. Increased opportunities to access green space and nature can contribute positively to the Health Outcome indicators for mental wellbeing and physical activity. Equally, by reducing the risk of peoples' homes being flooded, the many negative impacts on physical and mental health and wellbeing can be reduced.

2.1.2 The Climate Change (Scotland) Act 2009

The Climate Change (Scotland) Act 2009 as amended is the central legislation of the climate change framework and supports the just transition to a sustainable, resilient, low-carbon economy.

It requires the Scottish Government to take action in relation to both climate change mitigation and adaptation, to develop a public engagement strategy, and allows for the provision of subordinate legislation, if required to take certain actions forward. As outlined in section 1.1, section 44 of the 2009 Act places climate change duties on public bodies to contribute to emission reduction targets (mitigation), to the adaptation programme, and to act in a way that it considers most sustainable.

2.1.2.1 Mitigation

Statutory reduction targets for Scotland's greenhouse gas (GHG) emissions were first introduced by the 2009 Act, covering carbon dioxide and other GHGs including methane and nitrous oxide. In direct response to the Paris Agreement, an international treaty under the United Nations Framework Convention on Climate Change, the original targets were strengthened by the Climate Change (Emission Reduction Targets) (Scotland) Act 2019 ('the 2019 Act'), creating the Scottish net zero target of 2045, and introducing annual and interim targets.

The Climate Change (Emission Reduction Targets) (Scotland) Act 2024 ('the 2024 Act') recently adjusted this approach, replacing the annual and interim targets with 5-year carbon budgets while 2045 remains the national net zero target. The carbon budgets are to be set through secondary legislation pending receipt of advice from the Climate Change Committee. This advice is expected in spring 2025: once received, Scottish Government will have three months in which to introduce draft regulations to the Scottish Parliament. It is therefore expected that the national carbon budgets will be set in legislation before the end of 2025.

The 2009 Act also sets out the principles for achieving a just transition to net zero, as outlined in section 2.1.2.3 below.

All of Scotland's statutory targets are economy-wide and include all territorial greenhouse gas emissions, a share of those from international aviation and shipping, and territorial removals (including from the land use sectors). The statutory framework sets a default position that the targets must be met through domestic action alone.

Public bodies should be aware that, in addition to the national targets, further specific non-statutory targets are in place. Such targets are detailed in the relevant supplements.

2.1.2.2 Climate Change Plan

Part 3 of the 2009 Act requires Scottish Ministers to produce a climate change plan every five years. The Climate Change Plan (CCP) is a strategic delivery plan and sets out Scottish Ministers' proposals and policies for meeting the emissions reduction targets over the plan period. The CCP is required to cover sectors including energy supply, transport, business and industrial processes, buildings (residential and public), waste management, land use, land use change and forestry, and agriculture.

The draft of the next Climate Change Plan, covering period 2026 to 2030, will be introduced to the Scottish Parliament within two months of the secondary legislation setting the national 5-year carbon budgets coming into force. Due to this dependency, it is not possible to provide a specific date at this stage. A period of scrutiny on the draft requires to be carried out before the plan can be finalised.

Scottish Ministers are required to publish annual statutory monitoring reports against the Climate Change Plan by the 2009 Act. Each annual report must contain an assessment of progress towards implementing the proposals and policies contained in the Climate Change Plan.

2.1.2.3 Just Transition

For Scottish Government a just transition means becoming a net zero, climate resilient Scotland in a way that also seeks to deliver fairness, tackle inequality and injustice and improve health. Just transition is about both the outcome – a fairer, greener future – and the way we get there in partnership with those most likely to be impacted by the change. It is a cross-cutting agenda that encompasses our economic, societal and environmental ambitions.

Scotland has shown international leadership in embedding just transition principles into its statutory climate legislation. The 2009 Act requires the next Climate Change Plan (draft due 2025) with reference to the just transition principles to:

(a) explain how the proposals and policies set out in the plan are expected to affect different sectors of the Scottish economy and different regions in Scotland, including how they are expected to affect employment in those sectors and regions

(b) set out the Scottish Ministers' proposals and policies for supporting the workforce, employers and communities in those sectors and regions.

The 2009 Act also embeds the just transition principles, requiring Ministers to have regard to them in preparing the Climate Change Plan. The just transition principles set out the importance of taking action to reduce net Scottish emissions of GHGs in a way which:

(a) supports environmentally and socially sustainable jobs

(b) supports low-carbon investment and infrastructure

(c) develops and maintains social consensus through engagement with workers, trade unions, communities, non-governmental organisations representatives of the interests of business and industry and such other persons as the Scottish Ministers consider appropriate

(d) creates decent, fair and high-value work in a way which does not negatively affect the current workforce and overall economy

(e) contributes to resource efficient and sustainable economic approaches which help to address inequality and poverty.

The just transition principles provide vital context to our wider just transition obligations and ensure that our wider climate actions support a fair transition.

2.1.2.3.1 Just Transition Planning

Where the Climate Change Plan must set out the overall roadmap to net zero by focussing on the proposals and policies for meeting emission reduction targets in the plan period, Just Transition (JT) Plans are concerned with the manner of the transition, identifying economic, environmental and social opportunities (and risks). They will aim to provide greater certainty for businesses, workers and communities on what the journey to net zero means in practice.

The Scottish Government published the National Just Transition Planning Framework in September 2021. This set out the government's intention to develop sectoral, regional and site Just Transition Plans and an approach to just transition planning more broadly. It sets out a framework to guide others in their own planning for net zero.

The framework sets out eight broad National Just Transition Outcomes. These have been distilled into the following four areas reflecting the main goals for just transition across all sectors:

• Jobs, skills and economic opportunities – Scotland has a thriving net zero economy, enabling businesses to set up and grow sustainably. People are equipped with the skills and opportunities to access good, green jobs in a net zero economy. This economy delivers a liveable world for people and planet, ensuring a thriving, biodiverse environment and fair work and full lives for people (National Just Transition Outcomes 2 and 4).
• Communities and places should be accessible places for people to grow, investing in their environment and economy. Communities should be empowered to reach net zero in a way that meets their needs, and builds on their unique local strengths, in an equitable fashion as part of a just transition (National Just Transition Outcomes 1 and 7).
• People and equity – People are able to enjoy basic rights, freedoms and quality of life and have access to necessities such as heat, food, housing, employment, childcare and wider wellbeing. They are healthier, happier and treated with respect and have access to full, varied opportunities that add value to their lives. Opportunities, wealth and power are spread more equally; costs primarily fall to those who can bear them (National Just Transition Outcomes 3 and 8).
• Environment, biodiversity and adaptation - Our environment must meet the needs of those living in and depending on it – this includes both our natural and built environment. Our spaces must be resilient to the impacts of climate change and restore our biodiversity. Spaces must provide those living or dependent on them with everything they need to live full and healthy lives as they support the transition (National Just Transition Outcomes 5 and 6).

These outcomes reflect what Scottish Government has identified as the main areas that just transition activity should cover, including effective reskilling and new economic opportunities, as well as engaging communities and reflecting fairness and a person-centred approach in policy making.

Sectoral Planning

The draft Energy Strategy and Just Transition Plan was published in 2023 for public consultation. A finalised version of the document is due to be published. The plan will lay out a shared vision for Scotland's energy system, and identify concrete steps to manage the economic and social impacts of the transition fairly.

Three further sectoral just transition plans are currently in development:

• Aligning with the National Transport Strategy 2, the Transport Just Transition Plan will set out a pathway towards reducing transport emissions in a way that tackles existing inequalities and promotes a managed transition to a future transport system, supporting behaviour change away from private car use and identifying the workforce and skills changes needed in the transport industry.
• The Land Use and Agriculture Plan will take a wider lens on the livelihoods, skills, health, and wellbeing of those who live in and rely on Scotland's land as well as on maintaining and supporting thriving rural and island communities. It will look to introduce and promote a baseline approach and policy actions whilst setting out the strategic direction of travel for future plans.
• The development of a Built Environment and Construction Just Transition Plan will follow the Transport and Land Use and Agriculture Just Transition Plans. This will focus on providing a pathway for our built environment and construction sectors to deliver net zero.

To support the development of these sectoral plans, the Scottish Government published three discussion papers in June 2023: these set out proposed JT outcomes and priority policy areas for the transport, land use and agriculture, and the built environment and construction sectors.

Site Planning

Site Plans will focus on areas in which significant industrial change is expected to take place. On 7 November 2024 we published the draft version of a site-specific Just Transition Plan for the Grangemouth Industrial Cluster. This Plan seeks to understand the impacts of major structural changes at Grangemouth on a wide range of actors, including industrial operators at the forefront of technological change, their workforces who hold much of the skills and expertise to support this, and crucially, the surrounding community which has an intrinsic link with the industrial cluster. A co-designed vision for the future charting the actions that will be required in order to make this transition as equitable as possible for those in Grangemouth was also published alongside the draft Plan on 7 November. A discussion paper on this Plan was published in September 2023.

The Scottish Government has committed to developing a Just Transition Plan for the Mossmorran industrial complex. Work on this plan is scheduled to begin following the publication of the final version of the Grangemouth Just Transition Plan.

Regional Planning

We are also committed to setting out an approach to support regional planning. We will be working with key partners, including COSLA, the Just Transition Commission and existing regional partnerships to explore possible options. The goal will be to learn from areas (such as the North East, Glasgow and Edinburgh) where net zero plans are already more developed and design an approach that can best coordinate and enhance existing work.

2.1.2.4 Public Engagement Strategy

Under section 91 of the 2009 Act, Scottish Ministers are required to publish a public engagement strategy setting out steps to inform people about climate change targets, encourage them to contribute to achieving those targets and identify actions which people in Scotland can take. The strategy must be reviewed every five years. Where Ministers vary the strategy following review, the revised strategy must be published as soon as reasonably practicable.

The latest strategy, Net Zero Nation: A Public Engagement Strategy for Climate Change, was published in 2021 and is a framework for engaging the public and communities on climate change. It takes a people-centred approach to climate change policy; and underpins the role of public engagement in mitigating and adapting to climate change, moving from encouraging incremental changes in attitudes and behaviours, to supporting a society-wide transformation.

The Scottish Government is supporting the development of a network of regional community climate action hubs, to provide a strategic regional approach to climate change action.

The government is not, should not and cannot be, the only body that engages with the public on climate change issues. Public bodies should, in all cases, engage with their staff and key stakeholders as they develop their own climate change policies and plans. Additionally, the majority of public bodies are likely to engage with other bodies, stakeholders and the public as they exercise their functions. Through this engagement, public bodies can play a key role, as 'trusted messengers', in broadening the conversation on climate, and in ensuring that the interests of people and communities most affected by our transition to net zero are understood, and acted upon. Public bodies and community climate action hubs should work together to ensure full community engagement, as appropriate.

The 2021 strategy is focused on three strategic objectives: Understand, Act and Participate. It aims to ensure people are aware of the action that all of Scotland is taking to tackle climate change and understand how it relates to their lives. It aims to enable people to actively participate in shaping just, fair and inclusive policies that promote mitigation of and adaptation to climate change. And it aims to encourage households, communities and places across Scotland to take action on climate change.

Bodies should reference the strategy and consider their own stakeholder engagement using the approaches outlined.

2.1.2.5 Mitigation – scope of the duties

The first of the climate change duties is that, in exercising their functions, public bodies must act in the way best calculated to contribute to delivery of the emission reductions targets, described above. The targets include both the overarching target of net zero by 2045, and the 5-yearly carbon budgets. While the targets are economy-wide and do not constitute specific targets for the public sector, public bodies should lead by example by setting ambitious targets for their own emissions. In keeping with their leadership role, public bodies should consider setting their own emission reduction targets and develop delivery plans to reach net zero by 2045 or, wherever possible, ahead of this date.

Public bodies contribute direct GHG emissions, for example through the use of natural gas to heat buildings and water, and the use of petrol and diesel in fleet vehicles. They also contribute indirect emissions, for example: emissions associated with mains electricity; emissions from the treatment of waste and waste water generated by the organisation; and transport emissions associated with business travel. Bodies may also play a key role in influencing GHG emissions in the wider environment through the way they exercise their functions in relation to policy, service delivery and procurement. Public bodies are advised to approach the climate change duties broadly and include both direct and indirect emissions, and give due consideration to those within their wider sphere of influence.

The climate change duties and the other actions that, as best practice, public bodies should take are explored in more detail in chapter 5 Implementing the first duty: reducing emissions, and chapter 8 Reporting. As equalities and climate change are interlinked, bodies should also refer to chapter 3 Equalities. Section 2.2 provides guidance on impact assessments.

2.1.2.6 Adaptation

The framework for climate adaptation is set out in relevant sections of both UK and Scottish legislation. Section 56 of the UK Climate Change Act 2008 requires the Secretary of State to lay reports before Parliament assessing the risks for the UK of the current and predicted impacts of climate change ('the UK Climate Change Risk Assessment') every five years. The Climate Change Committee (CCC) has a duty to provide advice on the preparation of each report.

Section 53 of the 2009 Act establishes the legislative framework to pursue the Scottish Government's ambitions for climate adaptation. After each round of UK Climate Change Risk Assessment, Scottish Ministers are required to prepare a strategic programme for climate adaptation – now referred to as the Scottish National Adaptation Plan (SNAP). This programme must set out the objectives in relation to adaptation, the proposals and policies for meeting those objectives, arrangements for involving stakeholders, mechanisms for ensuring public engagement and the timescales within which the proposals and policies will be introduced. The 2009 Act also requires annual reporting to the Scottish Parliament on progress towards delivering the programme, and two rounds of independent assessment of progress within each five year cycle.

2.1.2.7 Scottish National Adaptation Plan 2024-2029 (SNAP3)

The third Scottish National Adaptation Plan (SNAP3) was published in September 2024. SNAP3 sets out five long term adaptation outcomes, a set of 23 shorter term national adaptation objectives, and policies and proposals to respond over the period 2024 to 2029 to the risks for Scotland identified in the 2022 UK Climate Change Risk Assessment (CCRA3).

SNAP3's strategic aim to build Scotland's resilience to climate change aligns with the National Performance Framework, and its five long-term adaptation outcomes are:

• Nature connects across our land, settlements, coasts and seas
• Communities are creating climate-resilient, healthy and equitable places
• Public services are collaborating in effective and inclusive adaptation action
• Economies and industries are adapting and realising opportunities in our Just Transition
• Scotland's international role supports climate justice and enhanced global action on climate adaptation.

2.1.2.8 Adaptation – scope of the duties

The second element of the climate change duties requires public bodies, in exercising their functions, to act in the way best calculated to help deliver the Scottish National Adaptation Plan.

All public bodies must identify the national adaptation objectives relevant to their functions and act in a way that supports the delivery of these objectives. Organisations will have varying degrees of influence in relation to adaptation in Scotland depending on their particular role, functions and responsibilities, but all public bodies need to be resilient to the future climate and to plan for business continuity in relation to delivery of their functions and the services they deliver to the wider community.

Typically, the first step involved is to understand the likely impacts the changing climate will have on the organisation and the risks that these pose. All bodies should undertake climate risk assessments, put appropriate adaptation plans into place and be in a position to track and report on delivery. Further details are provided in chapter 6 Implementing the second duty: adaptation.

2.1.2.9 Acting sustainably – scope of the duties

The third duty places a requirement on public bodies, in exercising their functions, to act in the way they consider most sustainable. In reaching well informed decisions, public bodies should ensure that the full range of social, economic and environmental considerations are fully taken into account alongside the impact on GHG emissions, and that these aspects are viewed over the short and long term.

Public bodies should integrate sustainability into their decision-making processes, for example by assessing the sustainability of policy decisions and strategies, budgets and capital projects; and by considering how these contribute to the National Performance Framework outcomes. Impact assessments can be an effective tool for integrating sustainability into decision making.

Sustainable development and the actions public bodies are expected to take are explored in more detail in chapter 7 Implementing the third duty: acting in the most sustainable way.

2.1.2.10 Reporting on compliance with the climate change duties

As laid out in chapter 1, public bodies have climate change duties under section 44 of the 2009 Act. Scottish Ministers may require certain public bodies, by order under section 46 of the 2009 Act, to report on their compliance with the climate change duties.

The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015, as amended, sets out annual reporting requirements and the list of major public bodies who must fulfil such requirements. Reporting, both statutory and non-statutory, is covered in detail in chapter 8.

2.1.3 Wider context, legislative and regulatory framework

Public bodies operate within a wider landscape of legislative, policy and regulatory frameworks. Some key elements are detailed below.

2.1.3.1 Scotland's Environment Strategy

The Environment Strategy provides an overarching framework for Scotland's environment and climate policies, including the Climate Change Plan and Adaptation Plan. It aims to bring strategies and plans together, and identify new strategic priorities and opportunities to promote a whole-of-government approach supporting Scotland's role in tackling the climate and nature emergencies.

In guiding us as we protect and restore Scotland's natural environment and strive to live within our planet's sustainable limits, the strategy recognises that this will require transformative, systemic changes in Scotland's economy and society. Therefore, it aims to explore what these transformations will mean in practice in Scotland, and how the Scottish Government can help to drive these, as part of its commitment to a just transition, in ways that create wider benefits for people's health and wellbeing, for tackling inequalities and for supporting green jobs and businesses.

The Environment Strategy forms part of the Scottish Government's strategic approach to environmental policy and was placed on a statutory basis by the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 ('the Continuity Act') which created new duties for Scottish Ministers to publish an 'environmental policy strategy' and to have due regard to it when developing policies. While the full Strategy is being developed in phases, its vision and outcomes will help to guide the future development and delivery of our environmental strategies and plans by establishing our long-term direction and shared goals.

Scotland's arrangements for environmental governance are defined by the Environment Strategy, Environmental Standards Scotland and our Statutory Guidance on the Guiding Principles on the environment.

The guiding principles, which were also established by the Continuity Act, support the objective to maintain and improve environmental standards, contributing to Scotland's response to the twin climate and nature emergencies and keeping aligned as far as possible with EU standards. The duties in the Continuity Act require Scottish Ministers and Scottish public authorities to have due regard to the guiding principles on the environment. The duty on Scottish Ministers to have due regard to the guiding principles on the environment will extend to all policy development (including proposals for legislation). The duty on other public authorities only applies to projects which require an environmental assessment under the Environmental Assessment (Scotland) Act 2005.

2.1.3.2 Biodiversity and the natural environment

A consensus is building internationally around the urgent need to address the twin crises of biodiversity and nature loss and climate change together. Similar to climate change, the degradation of our natural environment and the loss of species poses an existential threat to humanity. The Scottish Government is clear that this is an emergency, and requires an emergency response. The Scottish Biodiversity Strategy to 2045 sets out a clear vision in response to the challenge, to take urgent action at scale across Scotland's land and seas, in order to halt biodiversity loss by 2030 and reverse that trend by 2045. Restoring and regenerating biodiversity will build climate resilience, and Scotland's communities and people are central to a nature positive future.

Collaboration is at the heart of the Strategy. No one can tackle the nature emergency alone, and it will be vital that public bodies work together and with their many stakeholders and communities, to deliver the changes that are needed over the coming years.

The strategic delivery framework for responding to the biodiversity crisis includes the Strategy itself, the Natural Environment Bill, five-year Delivery Plans setting out detailed actions to be taken, an Investment Plan and a monitoring and reporting framework. Public bodies, in particular those with landholdings, should ensure that their policies and actions are in line with the Strategy and other elements of the strategic framework.

The final strategy and the Strategic Biodiversity Delivery Plan 2024-2030 were published on 27 November 2024, following public consultation in 2023. Broad frameworks and specific guidance relating to the implementation of Nature Networks, protecting 30% of our land by 2030 ('30 by 30'), and developing with nature through the National Planning Framework (NPF4) are published by NatureScot.

The Natural Environment Bill to be introduced in this Parliamentary session (2021-2026) will set out a framework for statutory targets for nature recovery. While the detail is still being progressed, we expect to develop targets that will support delivery of the priority themes and outcomes laid out in the Biodiversity Strategy. The Bill will also contain legislation that supports our National Parks, the management of wild deer, and the ambitious '30 by 30' commitment.

Every public body, in exercising its functions, is under a duty to further the conservation of biodiversity, so far as is consistent with the proper exercise of those functions under the Nature Conservation (Scotland) Act 2004. Guidance in relation to the biodiversity duty is published by NatureScot. Every effort should be made by public bodies to enhance biodiversity and restore nature, and public bodies should also maximise opportunities for enhancing biodiversity as an essential co-benefit of taking climate action. For example, bodies with landholdings should maximise opportunities to restore nature and further enhance biodiversity as part of wider land based mitigation and adaptation projects.

2.1.3.3 Wellbeing economy

The National Strategy for Economic Transformation (NSET) has a vision of a Wellbeing Economy, based on the principles of prosperity, equality, sustainability and resilience. It involves taking a broader and more holistic view of what a successful country, society and economy look like, putting people and planet at the centre. It will improve economic resilience, reduce our vulnerability to future economic and environmental shocks, and so improve wellbeing for current and future generations. Boosting fair, green, economic growth helps achieve the Scottish Government's four priorities and promotes the wellbeing of all Scotland's people.

The NSET is aligned with the National Performance Framework, and with existing plans targeted at specific aspects of our economy, and regional and sectoral strategies, including the Climate Change Plan, Environment Strategy, Just Transition Plans and Energy Strategy, the Green Industrial Strategy, the Biodiversity Strategy and the Circular Economy Strategy.

One practical way to support the achievement of a wellbeing economy is through the Community Wealth Building (CWB) approach to economic development. CWB encourages public bodies to consider their role as 'anchor organisations' through using their economic levers, such as spend, employment, land and assets and investment, in different ways to maximise the benefits for the economy, local communities and the environment. The Scottish Government has committed to introducing legislation on CWB within this Parliamentary session.

2.1.3.4 Land Use

Scotland's land is a valuable resource and fundamental to the economy, the environment, biodiversity and the wellbeing of the nation. Public bodies, when considering their land and land management, must think beyond how it is used to who benefits from that use, and how land use can help achieve wider outcomes and benefits, as laid out in the Land Use Strategy 2021-26 Land – getting the best from our land. This sets out the Scottish Government's long term vision for sustainable land use in Scotland, a set of sustainable land use principles to guide decision making, as well as key objectives and policies for delivery.

In line with the legal requirement that Scottish Ministers produce a Land Use Strategy every five years, the process of developing a fourth strategy for publication in 2026 is beginning. This will build on previous strategies while also reflecting recent changes in the policy context in order to ensure that the strategy is aligned with Scotland's national outcomes, as set out in the NPF, and contributes to delivery of the UN SDGs.

The Land Rights and Responsibilities Statement and the Land Use Strategy's Principles for Sustainable Land Use should be at the centre of land use and land management decision making.

Management and use of public land for carbon such as increasing carbon removals (e.g. woodland creation, hedgerows, seagrass) and reduction of emissions, such as peatland restoration or improved soil management, should be undertaken in line with the SG's Natural Capital Markets Framework. This sets out how natural capital projects, including those focussed on carbon goals, should support integrated land management (delivery of wider co-benefits beyond carbon e.g. biodiversity improvements, resilience of food supply and natural flood management) and community benefits. Investment in natural capital for carbon management should be both measurable and verifiable, such as through the government-backed Woodland Carbon Code and the Peatland Code.

2.1.3.5 Circular economy

The Scottish Government recognises that sustainable consumption and production are essential for Scotland's transition to a low carbon and green economy, which will meet Scotland's obligations to tackle the twin climate and nature emergencies. Material consumption and waste are primary drivers of nearly every environmental problem Scotland currently faces, from water scarcity to habitat and species loss. Estimates suggest around four fifths of Scotland's carbon footprint comes from the products and services we manufacture, use and throw away. A circular economy gives us an alternative economic model that can benefit everyone within the limits of our planet.

Building a more circular economy requires all parts of Scottish society to play their part. The Circular Economy (Scotland) Act 2024 contains provisions to underpin Scotland's transition to a circular economy and modernise Scotland's waste and recycling services. Primarily, the Act delivers enabling powers that will set a framework for taking action into the future.

Some of the provisions included in the Act are:

• Circular economy strategy: placing a duty on Scottish Ministers to publish or refresh a circular economy strategy at least every 5 years in order to direct national policy on the circular economy.
• Circular economy targets: developing statutory targets for the Scottish Ministers to provide a focus for action.
• Restrictions on the disposal of unsold consumer goods: providing powers to limit the disposal or destruction of unsold goods in order to reduce wasteful practice.
• Charges for single-use items: creating a power to set a minimum charge for certain throwaway items in order to drive waste reduction and greater use of reusable items (the intention is for this initially to be applied to single-use disposable beverage cups).
• Local Authorities: development of a code of practice on household waste recycling; development of recycling targets for local authorities; and enforcement provisions relating to fly tipping and household waste.

2.1.3.6 Equalities legislation

The Equality Act (2010), section 149, introduced the Public Sector Equality Duty (PSED) which requires public authorities, in exercising their functions, to have due regard to what are known as the 'three needs', that is the need to: eliminate discrimination, harassment, victimisation and any other conduct prohibited under the 2010 Act; advance equality of opportunity between those who share a relevant protected characteristic and those who do not share it; and to foster good relations between those who share a protected characteristic and those who do not share it.

The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 place further duties onto listed Scottish public authorities, including to report progress on mainstreaming the equality duty, and to assess the impact of applying new or revised policies, plans or processes against the three needs of the PSED. This assessment typically takes the form of an Equality Impact Assessment (EQIA). Further details on EQIA are provided below in section 2.2.

Under Part 1 of the Equality Act 2010, certain bodies are also subject to the public sector duty regarding socio-economic inequality. In Scotland, this duty was introduced in 2018 as the Fairer Scotland Duty (FSD). The duty places a legal responsibility on named public bodies in Scotland to pay due regard to how they can reduce inequalities of outcome caused by socio-economic disadvantage, when making strategic decisions.

Bodies should refer to chapter 3 for further guidance on equalities and climate change.

2.1.3.7 Health and wellbeing

Planetary and human health are inextricably linked^{[1], [2]}. Climate change, and the measures we take to achieve net zero and adapt to its impacts, present risks to, and opportunities for, human health.

Climate impacts will exacerbate, and be exacerbated by, the significant population health challenges Scotland faces^{[3], [4]}. Life expectancy and healthy life expectancy are falling, and health inequalities are widening. Our population is aging, and the burden of disease is projected to rise placing additional pressure on our health and social care system. Concurrent system shocks including the COVID-19 pandemic and the cost-of-living crisis have exposed, and deepened, existing inequalities leaving our most vulnerable and marginalised people and communities behind: the same people and communities that will be disproportionately affected by the impacts of climate change.

The impacts of climate change in Scotland and globally are, and will continue to, impact directly and indirectly on the health and wellbeing of people and communities^[5]. Higher temperatures increase heat-related illness. Frequent flooding can increase risk of exposure to pathogens and directly cause injury or death from drowning or hypothermia. Wildfires can exacerbate respiratory illness and may directly cause injury or death. Climate impacts also affect health indirectly. They undermine the building blocks of health including a safe and secure home, access to transport, health and social services, and affordable and healthy food (food security), contributing to physical and mental health problems. They also influence changes in disease and disease vectors, global security and migration patterns.

For example, flooding can have a wide range of social and economic impacts, which in turn affect health. The immediate losses – being displaced from homes, ongoing disruption to work and education, restricted access to essential services, and disrupted utilities – can have long term and severe impacts on mental and physical health. Research suggests that the biggest burden of ill-health from major flood events will be on mental health^[6].

The action we take to achieve a net zero, nature-positive, climate-resilient future are an opportunity to deliver wider benefits for climate, health and equity – sometimes referred to as 'triple wins'^[7]. Investment in areas such as transport, housing, clean energy, sustainable livelihoods and the natural environment will bring a wide range of health and social benefits for individuals and communities.

Integrating health and equity at the heart of tackling the interconnected climate and nature emergencies can contribute to achieving a just transition to net zero and climate-resilient, healthy, equitable communities. Working nationally and locally and adopting a 'Health in All Policies' approach, public bodies can deliver near-term co-benefits for population health, wellbeing and equity from cross sectoral climate action^[8].

2.1.3.8 Human Rights

Public bodies have a legal obligation to embed human rights considerations throughout the policy-making process. This ensures that new policies and legislation comply with legal requirements and uphold human rights principles. Human rights should be considered in all impact assessments, as they encompass a broad range of policy areas.

The National Performance Framework includes the outcome 'We respect, protect and fulfil human rights and live free from discrimination', which aligns with the UN SDGs. By taking a human rights-based approach to policy development, public bodies can empower individuals to understand and claim their rights, while improving accountability for those responsible for respecting, protecting, and fulfilling these rights. This approach is crucial for leading by example in human rights, including economic, social, cultural, and environmental rights.

2.1.3.8.1 Children's Rights

Our vision is of a Scotland where children's human rights are embedded in all aspects of society. We are taking steps to ensure that children enjoy their rights, as set out in the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (the 'UNCRC Act'). These include:

• Section 6 of the UNCRC Act, makes it unlawful for public authorities, including Scottish Government, to act incompatibly with the UNCRC requirements when delivering relevant functions under powers conferred by or under an Act of the Scottish Parliament or common law. Some private and third sector organisations may be caught by the duty if they carry out certain functions of a public nature.
• Section 17, legally requires Scottish Ministers to prepare and publish a Child Rights and Wellbeing Impact Assessment (CRWIA) in respect of all new Bills, most Scottish Statutory Instruments, and all decisions of a strategic nature that relate to the rights and wellbeing of children (refer to section 2.2 of this document)
• Section 1 of the Children and Young People (Scotland) Act 2014 (the "2014 Act") placed a duty on the Scottish Ministers to keep under consideration whether there are any steps which they could take which would or might secure better or further effect in Scotland of the UNCRC requirements, and, if they consider it appropriate to do so, take any of the steps identified by that consideration. Section 22 of the UNCRC Act, repeals Part 1 (including section 1) of the 2014 Act and this duty is now replaced with new, stronger, duties in the UNCRC Act.
• Further to this, section 23 obliges the Scottish Ministers when bringing forward any new legislation (save for certain SSIs) to make a statement about its compatibility with the UNCRC requirements.

The UNCRC is the base standard for children's rights, and is the most widely ratified human rights treaty in the world. It sets out the specific rights that all children have. Article 24 (right to health) emphasises the importance of clean drinking water, taking into consideration the dangers and risks of environmental pollution.

The UN Committee on the Rights of the Child has published General Comment No. 26, which focuses on the environment and climate change. General Comments are intended to assist States Parties in their implementation of the UNCRC, but are not legally binding documents in themselves. General Comment No. 26 explains how certain rights, such as the right to non-discrimination, the right to life and the right to health are being particularly threatened by climate change. The general comment emphasises the need for urgent action, clarifies obligations of States, and provides guidance on appropriate measures to address environmental harms, with a focus on climate change. As the youngest members of society children have not contributed to the changing climate but are those most likely, over the coming decades and the course of their lifetimes, to feel its impacts. Currently children's rights are, globally, being threatened by climate change and other environmental harms.

2.1.3.9 UK Emissions Trading Scheme

The UK Emissions Trading Scheme (ETS) was implemented across the UK following the UK's exit from the EU. The UK ETS is administered by the ETS Authority, which is comprised of the UK, Welsh, and Scottish governments, as well as the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. The ETS is used as a mechanism to incentivise cost-effective decarbonisation and continues from the EU ETS in the provision of a cap-and-trade system with a market-determined price on carbon emissions.

The UK ETS applies to energy intensive industries, the non-renewable power generation sector, and some aviation emissions. In future it will also apply to maritime emissions and energy from waste and waste incineration - this may be of particular interest to local authorities and other public bodies. More information can be found at the links below. In addition, there is a scheme for hospitals and small emitters which is applied to emitters with emissions lower than 25,000t CO2e per annum. Operators of sites covered by the UK ETS should be aware of their inclusion.

Guidance on how to participate in the scheme is published on the UK Government website, and is also available from the Scottish scheme regulator, SEPA (UK Emissions Trading Scheme | Scottish Environment Protection Agency (SEPA).

2.1.3.10 Best Value

Since 2002, a number of public bodies now covered by the climate change duties including NDPBs, Executive Agencies and NHS bodies, have also been subject to the Best Value in Public Services duty. This duty requires relevant bodies to ensure continuous performance improvement in delivering services, maintaining an appropriate balance between cost and quality, and in making those arrangements to contribute to the achievement of sustainable development. Guidance on the Best Value duty is provided in the Scottish Public Finance Manual and in guidance for Accountable Officers.

Local authorities are not subject to the duty of Best Value in Public Services. They are however subject to a similar duty under Part 1 of the Local Government in Scotland Act 2003. This places a duty on local authorities to make arrangements which secure best value – best value being defined as continuous improvement in the performance of the authority's functions. This duty must be discharged in a way which contributes to the achievement of sustainable development. Statutory guidance on this duty has been published by Scottish Ministers.

Public bodies and local government should build a shared understanding of Best Value, especially given the need for collaboration and partnership working.

2.1.3.11 Health and Safety legislation

The Health and Safety at Work etc. Act 1974 places a duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of all of their employees. The duty applies to those working in offices or on sites owned by the employer, to agile and remote workers, and to those working from home.

Public bodies should be aware of the potential interlinkages between the impacts of climate change and their legal responsibilities in relation to health and safety. For example, the impacts of the changing climate such as increased heavy rainfall events causing a site to flood, or flood more severely or more frequently, should be assessed though a climate risk assessment (refer to chapter 6), but are likely to also pose a health and safety risk. Other examples might include the risks posed to outdoor workers during heatwaves and the risks posed to those who travel for work by extreme weather events. All employees are likely to become increasingly vulnerable to potential injury, delays, disruption and damage as the climate changes.

Bodies will be aware of the responsibilities named individuals within their organisation hold in relation to health and safety. They should ensure that all such individuals are suitably trained in relation to climate impacts and climate risks, so these can be taken fully into account as bodies discharge their responsibilities in relation to health and safety.

2.1.3.12 Sectoral and wider policy areas

Climate change action is embedded across many policy areas including energy, heat in buildings, transport, waste and the circular economy, business and industry, procurement, planning, community planning, agriculture, forestry, marine and land use. The supplements accompanying this guidance will provide subject-specific guidance on themes that include many of the areas listed. The policies, legislation and regulations relevant to each theme will be set out in these supplements.

2.2 Impact assessments

As public bodies develop, update and implement climate change policies, strategies and plans, it is likely most will be required to undertake one or more impact assessments. Impact assessments are designed to test policies, plans and projects against certain criteria, to gain a deeper understanding of likely impacts, allow negative impacts to be mitigated against, minimised or removed, maximise opportunities for positive outcomes and, critically, to feed into the development of the policy or plan.

The requirement to carry out any particular assessment will vary depending on the body and the nature of the proposed policy or plan. It is the responsibility of the public bodies themselves to ensure they are aware of their statutory obligations in relation to impact assessment. Bodies not required to undertake specific assessments on a mandatory basis may still find them a valuable exercise to carry out as best practice.

Guidance has been developed for each assessment outlined below. In some cases, toolkits and templates are also available. Bodies are, however, free to take their own approach, and could consider an integrated impact assessment process. Integrated impact assessment aims to take an holistic view, and assess various criteria or factors as part of a single exercise. There are almost always interdependencies, for example between socio-economic disadvantage, equalities, health, the impacts of climate change, the ability to adapt effectively to a changing climate, etc., and this more holistic approach highlights these, helping to avoid unwanted impacts in other domains. Where an integrated approach is taken, bodies must ensure that any specific legal duties related to the requirement for the individual assessments are fulfilled, and that any associated statutory guidance is given due regard.

The most commonly required assessments are outlined below.

Strategic Environmental Assessment (SEA)

• Legislation: Environmental Assessment (Scotland) Act 2005.
• Description: SEA is a broad, integrated assessment process that aims to establish the likely environmental effects of implementing a Plan, Programme or Strategy. The findings of the assessment are detailed within an Environmental Report and a public consultation has to be carried out on both the plan and the report, early in the preparation process and prior to the adoption of the plan.

The environmental report must consider likely significant effects on the environment across the short, medium and long-term, on aspects including biodiversity, human health, water, air and climatic factors. SEA is therefore a key tool in ensuring positive climate change actions are integrated at both a local and national level.

SEA aims to ensure that significant adverse effects, where possible, are either avoided or mitigated and where feasible significant positive environmental effects enhanced.

SEA can help those developing plans consider how they could be delivered differently, to achieve better environmental outcomes, while still resulting in the planned outcomes.

• Qualifying criteria: The Act requires responsible authorities to undertake SEA for qualifying plans that have the potential to generate significant environmental effects. Qualifying plans may include, for example, Local Development Plans, Transport Strategies, Corporate Plans and Flood Risk Strategies. Section 2.4 of the SEA guidance provides further information on which plans are likely to require a SEA, and which may be exempt.

It should be noted that most plans of a public character will require screening or pre-screening if they do not fall into a full SEA. During the screening process, the requirement for a SEA should be confirmed with assistance from the consultation authorities. Only plans that are set out in section 4(3) or section 6 of the Act are fully exempt.

Responsible authorities are defined in section 2 of the Act and include the majority of public bodies to whom climate change duties apply.

• Guidance and tools: Scottish Government have published non-statutory guidance on SEA. Further guidance is provided by NatureScot, Historic Environment Scotland and SEPA, including guidance on the consideration of climatic factors within SEA. Enquiries can also be directed to the SEA Gateway mailbox.

Guiding Environmental Principles

• Legislation: UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021.
• Description: The Environmental Principles are not a form of impact assessment. However, the principles should be considered alongside any other impact assessments that are required.

The principles are:

• protecting the environment should be integrated into the making of policies
• the precautionary principle as it relates to the environment
• preventative action should be taken to avert environmental damage
• environmental damage should as a priority be rectified at source
• the polluter should pay.

Ministers and public authorities should give due regard to the guiding principles through the established SEA processes, including during the completion of SEA pre-screening, screening and environmental report.

• Qualifying criteria: Under section 14, in making policy (including proposals for legislation), Scottish Ministers are required to give the guiding principles due regard. Under section 15, other responsible authorities are required to have due regard to the principles when undertaking anything to which the duty under section 1 of the Environmental Assessment (Scotland) Act 2005 applies.
• Guidance and tools: Statutory guidance published by Scottish Government provides information on how officials across government should apply the environmental principles when developing policy: Scotland's guiding principles on the environment: statutory guidance.

Environmental Impact Assessment (EIA)

• Legislation: The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. Related sector-specific regulations covering electricity works; transport and works; roads; marine works; agriculture, land drainage and irrigation projects; and forestry.
• Description: EIA forms part of the Planning process, and is a means of drawing together, in a systematic way, an assessment of the likely significant environmental effects arising from a proposed development. The EIA must identify, describe and assess the likely significant effects of the proposed development on environmental factors including population and human health; biodiversity; land, soil, water, air and climate; and material assets, cultural heritage and the landscape.
• Qualifying criteria: Developments falling within a description in Schedule 1 automatically require an EIA. Those described within Schedule 2 of the 2017 EIA Regulations and that meet the threshold in Column 2 or are within a 'sensitive area' need to undertake screening to determine whether an EIA is required.
• Guidance and tools: Planning Advice Note 1/2013: Environmental Impact Assessment and Planning Circular 1/2017: Environmental Impact Assessment regulations.

Equality Impact Assessment (EQIA)

• Legislation: Equality Act 2010. Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, as amended.
• Description: EQIA are intended to ensure that new or revised policies and plans consider their impact on each protected characteristic as defined by the Equality Act, in respect of the three needs of the Public Sector Equality Duty (PSED).

The PSED was placed on public authorities by the Equality Act 2010 and requires them, in the exercise of their functions, to have due regard to the need to eliminate discrimination, harassment and victimisation, to advance equality of opportunity and foster good relations between persons who share a protected characteristic and those who do not.

Additional specific duties for listed Scottish public authorities were introduced by the 2012 Regulations as amended. Under these regulations, listed authorities are required to assess the impact of implementing a proposed new or revised policy or practice against the three needs of the PSED, i.e. to carry out an EQIA and publish the results.

There are multiple dependencies between climate change and equalities, particularly when the consideration of different socio-economic groups, rural and island communities are included.

• Qualifying criteria: Public authorities are listed in Schedule 19 of the Equality Act 2010. Scottish bodies subject to the 2012 regulations are listed in the Schedule and include many of the bodies also subject to the climate change duties.
• Guidance and tools: The Equality and Human Rights Commission publishes guidance on meeting the PSED and the specific duties for Scottish public authorities. This includes dedicated guidance on how to undertake equality impact assessments.

The following chapter of this guidance, Equalities, provides further detail on the potential dependencies between equalities and climate change, given their possible significance.

The chapter aims to provide bodies with guidance and examples of how to effectively consider and embed equalities into climate change plans and actions. Taking an integrated approach to the consideration of climate action and the furthering of the PSED can harness these interdependencies and create multiple positive outcomes.

Fairer Scotland Duty assessment (FSDA)

• Legislation: Part 1 of the Equality Act 2010.
• Description: The Fairer Scotland Duty requires named public bodies, to actively consider ('pay due regard to') how they can reduce inequalities of outcome caused by socio-economic disadvantage, when making strategic decisions. It is recommended that listed authorities publish a written assessment demonstrating their consideration of the duty.

The duty seeks to reduce the inequalities associated with being socio-economically disadvantaged. Examples of these inequalities are worse health outcomes and lower life expectancy, poorer educational outcomes, fewer opportunities to work, train or enter quality and fair work, and difficulty accessing quality housing. As with equalities, there are multiple dependencies between socio-economic disadvantage, the impacts of climate change and the ability to respond effectively to a changing climate

• Qualifying criteria: Named bodies subject to the Fairer Scotland Duty include local authorities, health boards, integration joint boards and a small number of other bodies.
• Guidance and tools: Statutory FSD guidance for public bodies is published by the Scottish Government. The following chapter of this guidance, section 3.4, provides further information and an illustrative example.

Island Communities Impact Assessment (ICIA)

• Legislation: The Islands (Scotland) Act 2018. Section 8 of the Islands Act requires relevant authorities to carry out an Island Community Impact Assessment (ICIA) for any new policy, strategy or service, when the impact on island communities is likely to be significantly different from its effect on other communities.
• Description: The Islands Act contains measures designed to improve outcomes for island communities. Communities living on Scotland's islands can have different needs and vulnerabilities to mainland communities. Islands are often reliant on life-line ferry services, and can face higher costs, limited services and other challenges associated with a more remote location.

Islands also face the direct impacts of climate change, such as increased storms disrupting ferry services, and rising sea levels predicted to inundate low-lying areas. Adaptation to the changing climate is therefore of particular importance to such island communities.

• Qualifying criteria: Relevant authorities as defined in section 7(2) of the Islands Act must have regard to island communities in carrying out their functions.

The relevant authorities are listed out in the Schedule and include many public bodies to whom climate change duties also apply (relevant local authorities, NHS health boards, integration joint boards, Transport Partnerships and others).

• Guidance and tools: Statutory guidance on carrying out an ICIA, and a toolkit, have been published by Scottish Government.

Business and Regulatory Impact Assessment (BRIA)

• Legislation: BRIA are encouraged as best practice. They are not a statutory impact assessment.
• Description: BRIA helps assess the likely costs, benefits and risks of any proposed legislation, policy changes or guidance that may have an impact on the public, private or third sector. The BRIA can help identify and address unintended impacts on businesses and on competitiveness.
• Qualifying criteria: BRIA are likely to be of most relevance to local authorities and other large bodies, working at a regional level and developing policy.
• Guidance and tools: a toolkit providing guidance and information on how to complete a BRIA is available on the Scottish Government website. The intended audience for this guidance is government officials; while it may be used by other bodies, they should first consider whether it suits their purposes.

Human Rights impact assessment

• Legislation: Human Rights Act 1998. This Act incorporates much of the European Convention on Human Rights (ECHR) into UK law. The ECHR is an international agreement which sets out basic human rights. The Scotland Act 1998 ensures that the Scottish Parliament can only pass laws that are compatible with the Convention rights.
• Description: Public authorities have a legal obligation to ensure that all new policies and legislation comply with existing laws and uphold human rights. Taking a human rights based approach to policy development is important. There are some underlying principles which are important in applying a human rights based approach in practice. These are known as the PANEL Principles. This approach supports understanding and analysis of the impact of our policy on the human rights of those who will be mostly affected. Convention rights should be considered whenever undertaking any form of impact assessment (but are not a form of assessment in themselves).
• Qualifying criteria: Convention rights must be respected and realised at all levels of governance in Scotland. Scottish Government Ministers have 'no power to act' in a way that breaches these ECHR rights. All decisions and law we make must be compatible with the rights set out in ECHR.
• Guidance and tools: Information on taking a human rights based approach is available on the Scottish Human Rights Commission website.

Child Rights and Wellbeing Impact Assessment (CRWIA)

• Legislation: United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024. CRWIA are not a statutory impact assessment for Public Authorities but are for Scottish Government and Executive Agencies.

They are recommended by UNICEF, and are recognised as one of the general measures of implementation under the UN Convention on the Rights of the Child (the UNCRC). The UN Committee on the Rights of the Child also recommends all levels of government - national, regional and local – complete a CRWIA as part of their policy development.

• Description: Part 3, section 17 of the UNCRC Act, legally requires Scottish Ministers to prepare and publish a CRWIA in respect to all new Bills, most Scottish Statutory Instruments and all decisions of a strategic nature that relate to the rights and wellbeing of children.
• Qualifying criteria: Scottish Government and Executive Agencies are included in Part 3 section 17 of the UNCRC (Incorporation) (Scotland) Act 2024.
• Guidance and tools: Guidance and example templates for external stakeholders are available on the Scottish Government website, along with non-statutory guidance on Taking a children's human rights approach. Statutory guidance for public authorities will be published in the coming months.

Habitats Regulations Appraisal (HRA)

• Legislation: The Conservation (Natural Habitats, &c.) Regulations 1994. A Habitats Regulations Appraisal (HRA) is required for any plan or project that could affect a European site – no matter how far away it is.
• Description: The term 'European site' is used to refer to what were previously known as 'Natura' sites: Special Protection Areas (SPAs) and Special Areas of Conservation (SACs). These were originally designated under European legislation and protect species and habitats shared across Europe.

Under the Habitats Regulations, all 'competent authorities' must consider whether a project or plan could have a significant effect on a European site before it can be authorised to be carried out. If the action is considered likely to have a significant effect, they must carry out an 'appropriate assessment' (AA).

HRA comprises both the process for determining whether an AA of the environmental risk is required, and the AA itself. Where an AA is required, the competent authority must consult NatureScot.

• Qualifying criteria: Bodies should be aware if any of their land is a designated SPA or SAC site. A 'competent authority' is the body with the power or duty to determine whether or not a proposal can proceed. They include Scottish Ministers, government departments, local authorities, SEPA and Scottish Forestry, among others.
• Guidance and tools: Guidance is published on the NatureScot website.

Health Impact Assessment (HIA)

• Legislation: HIA is not currently a statutory requirement but are encouraged as good practice. EIA and SEA should include impacts on human health but do not consider all relevant impacts. Poor health outcomes resulting from socio-economic inequality can be considered as a relevant category when undertaking a Fairer Scotland Duty Assessment. Completing an HIA may meet the requirements for some other impact assessments and so form a useful integrated assessment.
• Description: Health Impact Assessment is a combination of procedures, methods and tools that systematically judges the potential, and sometimes unintended, effects of a policy, program or project on the health of a population, and the distribution of those effects within the population – i.e. health inequalities. HIA identifies appropriate actions to manage those effects.
• Qualifying criteria: May be relevant to any plan, policy or strategy that affects people and can be proportionate to the nature, scale and scope of the proposal and kinds of impacts being assessed.
• Guidance and tools: Public Health Scotland provides guidance on HIA on their website.

Consumer Duty impact assessment

• Legislation: The Consumer Duty is a statutory duty introduced by the Consumer Scotland Act 2020 that places an obligation on relevant public authorities in Scotland to improve the extent to which consumers are considered in strategic policy and decision making.

Consumer Scotland, the statutory and independent body for consumers in Scotland, has the legislative responsibility for developing the guidance to support the Duty.

• Description: the Consumer Duty aims to put consumer interests at the centre of strategic decision making across the public sector to deliver better policy outcomes. An impact assessment approach has been developed to assist public authorities to meet the Consumer Duty requirements.
• Qualifying criteria: relevant public authorities subject to the Duty are listed in the Schedule of The Consumer Scotland Act 2020 (Relevant Authorities) Regulations 2024. They include local authorities, executive agencies, executive NDPBs, IJBs and NHS Health Boards.

All relevant public authorities must have regard to the impact of strategic decisions on consumers in Scotland and the desirability of reducing harm to them. This should be applied in a proportionate manner aligned to the impact that the decision has upon consumers.

As laid out in section 1.11 of the draft guidance for public authorities, it will be for each individual Scottish public authority to determine if a decision is of a strategic nature. However, it is expected that this type of decision will be made at an executive or board level rather than operational day-to-day decision making.

• Guidance and tools: Draft guidance has been issued by Consumer Scotland: this includes advice on how to meet the Consumer Duty for public authorities and senior decision makers and includes a draft impact assessment template. A final version of the guidance will be issued by April 2025, following the 2024-25 implementation year.