Climate change duties: statutory guidance for public bodies

Annex A: Wider legislative context

As laid out in chapter 2, the Climate Change (Scotland) Act 2009 provides the strategic framework for the climate change duties. Public bodies operate within a wider landscape of legislative, policy and regulatory frameworks.

Some key elements are detailed below:

• Scotland’s Environment Strategy
• biodiversity and the natural environment
• wellbeing economy
• land use
• circular economy
• equality legislation
• health and wellbeing
• human rights
• children’s rights
• UK Emissions Trading Scheme
• Best Value
• health and safety legislation.

Scotland’s Environment Strategy

The Environment Strategy provides an overarching framework for delivering Scotland’s role in tackling climate change, nature loss and pollution. Building on the Vision and Outcomes document published in 2020, the Environment Strategy sets out our long-term strategic ambitions and policy priorities for protecting and restoring Scotland’s natural environment, and for striving to live within our planet’s sustainable limits. It also supports a whole-of-government approach, drawing on policies across government for supporting the transformations needed in Scotland’s economy and society, to help tackle the climate and nature emergencies. The Strategy focuses on approaches that will improve the health and wellbeing of Scotland’s communities, promote social justice and strengthen our economy, helping us to become a fairer, more prosperous and resilient nation.

The Environment Strategy 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. Guidance on how to reflect the aims of the Strategy and support effective policy development across the whole of government will be set out as part of our work to support implementation of the Continuity Act duty on Scottish Ministers to have due regard to the Strategy.

The consultation of the draft Environment Strategy took place between 3 July and 29 September 2025. Work will take place to reflect the views of individuals and stakeholders in the final version of the Environment Strategy due to be published in March 2026.

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.

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, statutory targets for improving biodiversity established through the Natural Environment (Scotland) Bill, six-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 Scottish 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 (Scotland) Bill was introduced in Parliament on the 19 February 2025. The Bill sets out a framework for statutory targets for nature recovery. Whilst the Bill is, at time of writing, progressing through its Parliamentary stages, we expect to, in due course, develop targets that will support delivery of the priority themes and outcomes laid out in the Biodiversity Strategy. The Bill also contains provisions that support our National Parks and reform the management of wild deer.

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.

In late 2025, the Scottish Government began a review of the biodiversity duty reporting process for public bodies, to ensure it is proportionate and able to better support the aims of the Strategic Framework for Biodiversity.

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 draft 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.

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 in section 57 of the Climate Change (Scotland) Act 2009 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.

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.

Equality 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; to 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 places 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 Annex B.

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.

Health and wellbeing

Planetary and human health are inextricably linked^{[33], [34]}. Climate change and our policy responses to it present risks to and opportunities for population health. Many of the worst anticipated health effects of climate change can be prevented if we take urgent action to reach net zero and adapt to our changing climate. Carefully planned and implemented climate action can deliver near term population health and health equity gains, often referred to as co-benefits^[35].

Scotland faces significant population health challenges. People in Scotland die younger than in other parts of the UK and live more of their lives in poor health. The gap in life expectancy, and healthy life expectancy between the wealthiest and poorest is widening^[36]. Concurrent system shocks including the COVID-19 pandemic and the cost-of-living crisis have exposed, and deepened, existing inequalities leaving our most disadvantaged and marginalised people and communities behind: the same people and communities that will be disproportionately affected by the impacts of climate change.

In Scotland, there is evidence that climate related health risks will occur from exposure to heat, cold and flooding events, climate sensitive infectious diseases, and food insecurity. The health effects of climate change will be wide ranging and experienced through direct and indirect pathways^[37]. For example, climate change directly affects health through heat-related illness during heatwaves or risk of injury during an adverse weather events. Indirectly, climate change undermines access to the building blocks of health in local places. These include a safe and secure home, transport systems, natural environments, good nutrition, health and social services, good employment and strong social connections. For people and communities to thrive, all these building blocks must be in place.

Illustrative example

During a major flood event a person could experience direct health effects such as physical injury, drowning, hypothermia or waterborne illness. The immediate loss of personal belongings as well as disrupted utilities, displacement from homes, ongoing disruption to education or work, and restricted access to essential services 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 is on mental health and wellbeing ^[38].

Most of the factors that shape our health are influenced by decisions made outside of the health sector. Investment in transport, housing, clean energy and the natural environment, and opportunities arising from a just transition for decent, fair and high value work in a thriving local economy that support community wealth building can realise a range of health, social, environmental and economic benefits. The actions we take to achieve a net zero, nature-positive, climate-resilient future in Scotland can deliver ‘triple wins’, for climate, health and equity ^[39].

Adaptation and mitigation actions have the potential to inadvertently widen inequalities unless designed to reduce them. Understanding how climate action can differentially impact on health and the building blocks of health for different population groups enables policies and plans to be designed and delivered in a way that maximises opportunities for health, equity and sustainability, aligning with the just transition principles. This is known as a health in all policies approach^[40]. A Health Impact Assessment scoping exercise can be used to identify potential positive negative or uncertain impacts of a policy or plan and make recommendations to enhance health and equity co-benefits and minimise unintended harms (Annex B).

Human Rights

The Scottish Government’s vision is for a Scotland where everyone can live with human dignity, through the realisation of internationally-recognised human rights. The National Performance Framework includes the outcome 'We respect, protect and fulfil human rights and live free from discrimination', which aligns with the UN Sustainable Development Goals (SDGs). The core business of government is to give proper effect to these rights, in ways that improve everyday lived experience for individuals across the whole of Scottish society. 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 human rights.

There are specific domestic legal obligations that public authorities must follow in relation to human rights. The Scotland Act 1998 and the Human Rights Act 1998 require that Scottish legislation and the acts of Scottish Ministers, comply with the rights contained in the European Convention of Human Rights (ECHR). It is unlawful for other public authorities to act incompatibly with the ECHR rights set out in the Human Rights Act 1998.

The European Court of Human Rights – which provides authoritative interpretations of the ECHR – ruled in Verein Klimaseniorinnen Schweiz and others v Switzerland (April 2024) that Switzerland was in breach of article 8 of the ECHR for a failure to mitigate climate change which had adversely affected the lives, living conditions and health of the applicants.

In addition to the ECHR, the UK has ratified a number of other international human rights treaties including the International Covenant on Economic, Social and Cultural Rights (ICESCR). Scottish Ministers are obliged under the Ministerial Code to uphold international obligations, including international human rights treaties, at all times.

ICESCR sets out the economic, social and cultural rights that we all have – including the right to the highest attainable standard of physical and mental health (Article 12) and the right to an adequate standard of living (Article 11). These rights are interconnected with a healthy environment and the preservation and protection of our ecosystems. Whilst not legally binding, the UN Committee on Economic, Social and Cultural Rights has published General Comment No. 27, which focuses on the impacts of environmental degradation and climate change on economic, social and cultural rights. It recommends actions States could take to safeguard our environment, promote sustainable development and address climate change, in a way which promotes economic, social and cultural rights.

The Right to a Healthy Environment (RTHE), which affirms the essential connection between environmental protection and the enjoyment of human rights, was formally recognised by the United Nations Human Rights Council in 2021 and by the UN General Assembly in 2022. The right consists of 6 substantive elements; access to clean air, safe water, a stable climate, healthy biodiversity, and non-toxic environments. It also ensures key procedural elements; participation in environmental decision-making, access to information, and access to justice in environmental matters.

There are also international treaties that contain human rights for women, racialised minorities and disabled people. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is also relevant given the inequalities discussed in chapter 3. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) sets out how States should eliminate discrimination and achieve equality for women and girls, including protection for women in rural areas (Article 14). The CEDAW Committee published General Recommendation No. 37 in 2018 which recognises that women’s rights and equality may be particularly affected by climate change and disasters. The Convention on the Rights of Persons with Disabilities (CRPD) contains rights for disabled people and requires States to actively involve disabled people (through disabled people’s organisations) in decision-making processes (Article 4).

Children’s Rights

Our vision is of a Scotland where children’s human rights are embedded in all aspects of society. We have and are continuing to take 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’). The UNCRC Act incorporated the United Nations Conventions on the Rights of the Child into the law in Scotland. There are a number of provisions in the Act which ensure that children and young people are taken into consideration to contribute to this vision, 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 Annex B).
• 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 requires Scottish Ministers, when bringing forward any new legislation (save for certain SSIs), must make a statement in writing about how the legislation is in their view compatible 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 UK is the signatory to the UNCRC and all nations are held under obligations to uphold children’s rights as per the UNCRC.

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.

Public bodies can consider how to empower children and young people to contribute to climate action and support them to understand the effects of climate change and climate policy on their lives. A webpage bringing together resources and further information to support children and young people is available here: Children and Young People: Take Action on Climate | Net Zero Nation.

UK Emissions Trading Scheme

The UK Emissions Trading Scheme (ETS) was established on 1 January 2021, following the UK’s departure from the EU. The scheme is developed and managed by the UK 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 a cap-and-trade system that places a market-determined carbon price on certain sectors, aiming to incentivise cost-effective decarbonisation.

The UK ETS currently applies to energy intensive industries, non-renewable power generation and aviation. From 2026, the scheme will expand to include domestic maritime emissions (for vessels of 5,000 gross-tonnage and above, excluding ferries services to island communities) and will have in place a voluntary monitoring, reporting and verification (MRV) for waste incineration operators, with the intention of expanding the scheme to cover these emissions – the progress of the latter may be of particular interest to local authorities and other public bodies. In addition, there is a scheme for hospitals and small emitters for operators with annual emissions below 25,000 tCO₂e per annum, which provides simplified compliance arrangements. 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.

Best Value

Local authorities are subject to a best value 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.

Further guidance:

• Scottish Public Finance Manual
• Guidance for Accountable Officers.

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.