What We Do

We are a public sector body, set up as a non-ministerial office, independent of Scottish Government, and accountable to the Scottish Parliament.

 
 

Overview

Environmental Standards Scotland (ESS) is an independent public body, set up to ensure environmental laws and standards are adhered to in Scotland, replacing the European Union’s scrutiny and enforcement role after Brexit.

Our mission is to ensure that Scotland’s environmental laws and standards are complied with, and their effectiveness improved to achieve Scotland’s ambitious targets for the environment, nature and climate change.

Our Strategic Plan 2022-25 was approved by the Scottish Parliament in November 2022.

 

How we do it

ESS’ functions are set out in the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021, and include: scrutinising and investigating public authorities’ compliance with environmental law, the effectiveness of the law and how it is implemented and applied in Scotland. We also aim to identify areas where environmental legislation is inadequate or could be improved.

We cover all public authorities, including:

    • the Scottish Government and its agencies
    • local authorities
    • health and transport authorities
    • organisations carrying out functions of a public nature

 

Our powers

We have a range of statutory powers to help secure compliance with environmental law or improvements in effectiveness of environmental law, including:

    • issuing an information notice requiring a public authority(s) to provide us with any information needed to carry out our functions
    • issuing a compliance notice requiring a public authority(s) to take the steps specified in the notice to address its failure to comply with environmental law, and to prevent that failure, and the environmental harm associated with it, from being repeated in the future
    • issuing an improvement report, where we consider that the actions of a public authority(s) represents a ‘systemic failure’, recommending measures that Scottish Ministers and public authorities should take to ensure compliance with environmental law and/or improve its effectiveness
    • in order to prevent or mitigate serious environmental harm, making an application for judicial review (or applying to the Court for permission to intervene in an existing judicial review) where we consider that the conduct of a public authority(s) constitutes a ‘serious’ failure to comply with environmental law

For all reports relating to investigations we have carried out or are currently working on, visit our investigation reports.

 

Monitoring and analysis

We undertake a range of monitoring and analytical work to ensure that we are well informed about environmental performance and identify issues of potential concern.

We may consider, assess and review data on the quality of the environment in Scotland, keep under review implementation of any international obligation of the UK relating to environmental protection and have regard to developments in international environmental protection legislation.

Our investigations can be triggered by either a representation made to us , or through our own monitoring and analysis work highlighting an issue of concern.

For all reports relating to our monitoring and analytical work, visit our monitoring and analytical work.

 

 

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