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Publication - Advice and guidance

Climate change duties: statutory guidance for public bodies

Published
6 March 2026
From
Cabinet Secretary for Climate Action and Energy
Directorate
Energy and Climate Change Directorate
Topic
Environment and climate change, Public sector
ISBN
9781806438389

Statutory guidance to support public bodies in implementing their climate change duties under the Climate Change (Scotland) Act 2009.

View supporting documents Supporting documents

Annex B: Impact assessments

This annex outlines commonly required and other recommended impact assessments:

  • Strategic Environmental Assessment (SEA)
  • Environmental Impact Assessment (EIA)
  • Equality Impact Assessment (EQIA)
  • Fairer Scotland Duty assessment (FSDA)
  • Island Communities Impact Assessment (ICIA)
  • Business and Regulatory Impact Assessment (BRIA)
  • Human Rights
  • Child Rights and Wellbeing Impact Assessment (CRWIA)
  • Habitats Regulations Appraisal (HRA)
  • Health Impact Assessment (HIA)
  • Consumer Duty impact assessment

Bodies should also consider the guiding principles on the environment, as provided for in section 13(1) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 when carrying out the above impact assessments.

Guidance has been developed for each assessment, and the guiding principles on the environment, as outlined below. In some cases, toolkits and templates are also available.

Bodies 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 can highlight 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.

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.

Guiding Environmental Principles

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:

Environmental Impact Assessment (EIA)

  • Legislation: The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. There are other EIA sector-specific Regulations covering electricity works; transport and works; roads; marine works; agriculture, land drainage and irrigation projects; and forestry that may also need to be considered.
  • Description: EIA forms part of the Development 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. The findings contained within an EIA Report help to ensure that the importance of the predicted environmental effects, and the scope for reducing any adverse effects, are properly understood by the public and the competent authority before it makes its decision.
  • Qualifying criteria: Development proposals falling within a description in Schedule 1 of the 2017 Regulations automatically require an EIA. Those described within Schedule 2 of the 2017 EIA Regulations and that either meet the threshold in Column 2 or are within a ‘sensitive area’ need to undertake a screening process to determine whether an EIA is required or not.
  • Guidance and tools:

Equality Impact Assessment (EQIA)

The PSED was imposed on specified 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 within a reasonable period.

Fairer Scotland Duty assessment (FSDA)

  • Legislation: Part 1 of the Equality Act 2010.
  • Description: The Fairer Scotland Duty requires named public bodies, to have 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

Island Communities Impact Assessment (ICIA)

  • Legislation: The Islands (Scotland) Act 2018 (‘the Islands Act’). Section 8 of the Islands Act requires relevant authorities to carry out an Island Communities Impact Assessment (ICIA) for any policy, strategy or service, when the impact on island communities is likely to be significantly different from its effect on other communities (including other island 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 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).

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:
    • toolkit (Scottish Government). The intended audience for this is government officials; while it may be used by other bodies, they should first consider whether it suits their purposes.

Human Rights

  • Description: 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 (Participation, Accountability, Non-Discrimination, Empowerment, Legality). This approach supports understanding and analysis of the impact of our policy and operational choices on the human rights of individuals and communities in Scotland.
  • Qualifying criteria: Organisations delivering services to the public should always consider the human rights impacts of their decisions. Human rights considerations should also be reflected across other impact assessment processes, where relevant.
  • Guidance and tools:

Child Rights and Wellbeing Impact Assessment (CRWIA)

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: Section 17 of the UNCRC Act, requires Scottish Ministers to prepare and publish a CRWIA in respect to all Scottish Government Bills being introduced, 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 required to prepare and publish a CRWIA where section 17 of the UNCRC (Incorporation) (Scotland) Act 2024 applies.
  • Guidance and tools:

Habitats Regulations Appraisal (HRA)

  • Legislation: The Conservation (Natural Habitats, &c.) Regulations 1994 (‘the Habitats Regulations’). A Habitats Regulations Appraisal (HRA) is required for any plan or project that could affect a European site.
  • 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:

Health Impact Assessment (HIA)

  • Legislation: HIA is not a statutory requirement but is encouraged as good practice. EIA and SEA both cover impacts on human health but in an environmental context so often cannot feasibly consider all aspects of human health. 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 identify impacts and evidence relevant to other impact assessments and so support an integrated approach to impact 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:

Consumer Duty impact assessment

  • Legislation: The Consumer Duty is a statutory duty introduced by the Consumer Scotland Act 2020 (‘the 2020 Act’) 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. The 2020 Act introduces a broad definition of a consumer: individuals, small businesses and future consumers, who buy or receive goods or services in Scotland, supplied by a public authority or other public body [41].

    Consumer Scotland, the statutory and independent body for consumers in Scotland, has the legislative power to develop 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 guidance for public authorities, it is 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.

Contact

Email: climate.change@gov.scot

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