Climate change duties: statutory guidance for public bodies

6. Implementing the second duty: adaptation

Under section 44 of the 2009 Act, relevant public bodies have a duty, in exercising their functions, to act in the way best calculated to help deliver the Scottish National Adaptation Plan (SNAP3).

This means that all public bodies must:

1. plan for the delivery of their functions and services in Scotland’s changing climate

2. identify the national adaptation objectives from SNAP3 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 the national adaptation objectives depending on their particular role, functions and responsibilities, but all public bodies need to be resilient to the future climate.

To help demonstrate compliance with this duty, public bodies should:

• undertake a climate-related risk assessment or assessments
• develop and implement a climate adaptation plan or plans
• ensure that appropriate climate risks are included on corporate risk registers
• note the specific adaptation objectives relevant to them in the SNAP and align their work with these
• work in partnership with other organisations to develop and implement wider place based adaptation action
• undertake the above giving due consideration to their physical assets including buildings, land and fleet; their staff and service users; the services they deliver; and the functions they exercise.

Key outcomes will be that public bodies:

• have a sound understanding of why adaptation is important for their organisation and what the impacts of climate change could mean, and will have identified and assessed their risks, vulnerabilities and any potential opportunities
• have identified and assessed adaptation options, and have measures in place to implement their chosen strategies so that their physical assets, daily operations and service delivery are adapted to the changing climate and are resilient to its impacts
• monitor and evaluate implemented measures to ensure that adaptation efforts remain sufficient and responsive to changing conditions
• where applicable, contribute to the achievement of specific national adaptation objectives and outcomes, and are able to track and report on delivery
• contribute to the effective adaptation of the places in which their sites, operations and services are located and delivered.

6.1 Introduction to the second duty

This chapter starts by providing a brief explanation of what climate adaptation is, why it is important and by providing context for adaptation action. It is understood that public bodies will be at differing levels of maturity in relation to adaptation action. The guidance aims to provide a baseline level of information, aligned with the guidance and resources developed by the Adaptation Scotland programme.

More technical and complex guidance aimed at organisations with greater adaptation needs, either owing to the size and nature of their estate and assets, or due to their function, i.e. those bodies responsible for delivering essential services, is provided in Annex G.

6.2 What is adaptation to climate change?

Scotland’s climate is changing. Whilst global efforts to mitigate further warming will continue, reaching net zero emissions cannot prevent significant changes to the weather experienced today and over the next few decades. Preparing for and reducing the potential risks from the impacts of these weather events is crucial to ensuring continued service delivery across the public sector.

Adaptation refers to preparing for and adjusting to the impacts of climate change. This includes increasing preparedness to future extreme weather events, such as floods and heatwaves, reducing existing vulnerabilities and increasing climate resilience across service areas and in communities.

Adaptation can help achieve other priorities. For example, adaptation actions such as nature-based solutions can help to make our towns and cities greener and healthier places. Adaptation actions can help to make our communities more resilient and better able to cope with and recover from shocks. Integrated and aligned policy actions can deliver multiple outcomes for population health, equity, the environment and the economy, contributing to Scotland’s National Outcomes and the UN SDGs.

Adaptation will take place within the context of significant societal challenges including those related to population health, the cost of living crisis, and the biodiversity and loss of nature crisis. It is vital that we understand how climate change differently impacts people and places across Scotland. Adaptation action should be inclusive and targeted towards addressing the most vulnerable.

Adaptation action takes place at all scales and will look different for each organisation. It could include measures such as adjusting work practices to ensure continuity of service during extreme weather, understanding when and how to adapt infrastructure to cope with increased weather extremes, or changing land management practices. While there is a distinction between adaptation and mitigation actions, there are areas of overlap between them, for example, woodland restoration and blue-green infrastructure and education, all of which will deliver multiple benefits. Figure 4 demonstrates the differences and the areas of overlap between adaptation and mitigation.

Adaption

Actions that manage and reduce the negative impacts of climate change.

• Emergency management
• Knowledge sharing
• Infrastructure upgrades
• Flood protections
• Heat management
• Business continuity
• Wildfire resilience
• Coastal management

Mitagation

Actions that reduce the emissions that contribute to climate change

• Sustainable transportation
• Energy efficiency
• Renewable energy
• Waste reduction
• Active travel

Crossover

• Healthy ecosystems
• New energy systems
• Water conservation
• Sustainable livestock management
• Local food
• Connected communities
• Education
• Sustainable tourism
• Responsible fisheries
• Circular economy

6.3 How to adapt

6.3.1 Getting started

The Adaptation Scotland programme provides advice and support to help organisations, businesses and communities prepare for, and build resilience to, climate change.

The Adaptation Capability Framework for the Scottish public sector, developed by Adaptation Scotland, outlines four capabilities needed for an organisation’s adaptation journey. It describes 42 tasks to develop these capabilities over four maturity stages from ‘starting’ to ‘mature’. The four capabilities are:

• understanding the challenge
• organisational culture and resources
• strategy, implementation and monitoring
• working together.

The Capability Framework is supported by a handbook which contains information related to each of the tasks.

The Adaptation Scotland starter pack provides information for bodies who are beginning their adaptation journey. The starter pack outlines how to begin identifying what impacts climate change could have on different functions within bodies before finding links between organisational priorities and adaptation. The starter pack also provides guidance on how to identify resources and relevant stakeholders.

The following checklist is based on the ‘starting’ level of the Adaptation Capability Framework. All public bodies should complete the actions outlined in this checklist.

Further information relating to each item is provided the sections below. Please refer to the Adaptation Scotland website for a comprehensive overview and for further guidance.

Bodies may also find the Leader’s Climate Adaptation Checklist, produced by SSN and partners, a useful resource.

Adaptation starter checklist

Understanding the challenge - public bodies should:

• learn about Scotland’s changing climate and impacts
• develop understanding of climate risk and vulnerability
• record and consider the impact of recent weather events on their organisation.

Organisational culture and resources – public bodies should:

• consider how adaptation fits with their organisation’s objectives
• identify resources already available for adaptation
• identify key internal stakeholders for adaptation.

Strategy, implementation and monitoring – public bodies should:

• consider how they contribute to Scotland’s adaptation outcomes
• identify existing adaptation work within their organisation
• define strategic adaptation outcomes and or vision.

Working together – public bodies should:

• define their objectives and opportunities for joint working
• identify relevant groups, partnerships and forums
• join and participate in relevant professional and adaptation networks.

6.3.2 Understanding the challenge

By understanding the challenge bodies can make informed decisions on what adaptation action to take based on actual or expected changes to Scotland’s climate and its impacts.

Raising awareness of adaptation and understanding why it is important within bodies is the first step to becoming an adapting organisation.

Under the ‘understanding the challenge’ capability, bodies should start by:

• learning about Scotland’s changing climate and impacts
• developing an understanding of climate risk and vulnerability
• recording and considering the impact of recent weather events on their organisation.

The UK Climate Change Risk Assessments (CCRA3) reports, published in 2022, identified 61 risks and opportunities from climate change across the UK. Some key risks for Scotland include the:

• impact of a changing climate and extreme weather on species and habitats
• cascading failures for infrastructure networks
• damage to infrastructure services, including energy, transport, water and telecoms, from more frequent flooding and coastal erosion
• impact of high temperatures on health and wellbeing
• impact of flooding on people, communities and business sites
• impact of sea level rise, coastal erosion and flooding on coastal places
• disruption to supply chains from extreme weather
• impact of vector borne diseases on health.

Climate risk is a function of a hazard (a heatwave or flood), how exposed people or assets are to the hazard and how vulnerable those impacted by the hazard are. Exposure to a hazard may come from living or working in a flood risk zone or poorly ventilated buildings, for example. Different communities and individuals exposed to a hazard, such as a heatwave or flood, will be affected differently. Personal or social vulnerabilities can impact the ability to cope with, adapt and recover from hazards.

As a next step, public bodies should, as a minimum:

• learn more about climate change trends and impacts in Scotland
• explore future projected changes in Scotland’s climate and some key impacts of climate change, for example using the Met Office climate data portal
• read the latest Climate Change Risk Assessment (CCRA3) national summary report for Scotland to explore the full list of risks and opportunities identified for the UK and Scotland
• explore sources on climate risk and vulnerability and identify individuals or communities related to their organisation’s work who face higher exposure and or vulnerability to climate hazards
• read the UK Health Security Agency (UKHSA) reports on the Health Effects of Climate Change in the UK to gain a deeper understanding of the risk to population health posed by climate change, where appropriate
• identify weather events that have impacted their organisation in the past – the response and an understanding of the impacts of these events could help to inform the creation of an adaptation strategy. Consider how such weather events could be different in the future, e.g. more severe or more frequent
• create a briefing on what climate change is and why adaptation is important for their body including what the impacts of climate change (and the risks set out in the CCRA report) could mean for different service areas within their organisation
• consider investing in training on climate change adaptation and resilience (or ensuring that any carbon or climate training currently available includes climate adaptation) to ensure that technical terms and fundamental concepts of adaptation are understood.

6.3.3 Organisational culture and resources

For adaptation to be successful, it must be supported by the organisational culture and be sufficiently resourced. Bodies should find ways to align adaptation activities with their organisation’s priorities. Over time they should become mainstreamed into plans, policies and procedures – becoming part of business-as-usual for the organisation.

Under the ‘organisational culture and resources’ capability, bodies should start by:

• considering how adaptation fits with their organisation and its objectives
• identifying resources available for adaptation
• identifying key internal stakeholders for adaptation.

Adaptation strategies and actions can be implemented in a way that benefits from and influences organisational culture. Adaptation action can be progressed by reviewing and identifying existing structures, legislative drivers and resources available. Understanding how adaptation can support the delivery of strategic objectives, and wider co-benefits for population health, wellbeing, equity and biodiversity, can help to communicate its relevance and importance. Another important step is to identify where adaptation is best placed within a body including what groups, departments or committees will develop and deliver adaptation plans internally.

As a next step, public bodies should, as a minimum:

• consider what motivated their organisation to address climate adaptation. Some common triggers for taking action on adaptation are:
  • developing and reviewing their local climate risk assessment
  • providing support for service area reports and business case development
  • impacts of an extreme weather event (e.g. a flood or heatwave) on operations, services, finances, health or safety
  • increasing resilience to disruption to services from extreme weather
  • ethics and public expectations
  • statutory duties
  • investing money to save in the future
  • avoiding future liability
  • making decisions about the resilience of long-term assets (e.g. infrastructure or land use or land management practices)
• consider what their organisation wants to achieve with their adaptation plan or strategy. For example:
  • a more climate resilient local area
  • robust reporting for service areas
  • an updated risk register
  • greater protection of properties against flooding or reduced vulnerability of care homes to extreme heat events
  • cost savings for responding to severe weather events
  • realise population health, wellbeing and equity benefits and contribute to multiple social outcomes including National Outcomes and the UN SDGs
• consider how climate change may impact their organisation’s strategic priorities
• consider what the risk appetite of their organisation is. For example, does their organisational policy specify what acceptable and unacceptable risk is? How does this change for different assets or services (including critical assets and services)?
• work with their risk manager or appropriate team or department to understand any existing approaches to managing weather and climate-related risks
• consider if there are groups, committees or partnerships within their organisation who could be involved in adaptation work.

6.3.4 Strategy, implementation and monitoring

Adaptation requires strategic planning and implementation to achieve outcomes. This is about recognising the ways that the organisation is already delivering adaptation action, as well as developing a clear vision for climate resilience and defined adaptation outcomes aligned with the organisation’s purpose. Having clear outcomes or objectives can help to monitor and track progress. It can help to understand what adaptation action has already been done while highlighting where improvement is needed.

Under the ‘strategy, implementation and monitoring’ capability, bodies should start by:

• considering how they contribute to Scotland’s adaptation outcomes
• identifying existing adaptation work within their organisation
• defining strategic adaptation outcomes and or a vision.

Planning and implementation are crucial elements to achieving the long-term challenge of becoming a more adaptive organisation. Adaptation should be embedded within an organisation’s function and purpose. An important first step is to identify actions already being taken within an organisation. It is very likely that bodies are already undertaking adaptation actions, related to flooding responses for example, even if they are not recognised as such.

Adaptation is a strategic challenge that will need to be aligned with the organisation’s purpose. The organisation should therefore develop a ‘climate ready’ vision for their organisation. For example, the ‘climate ready’ vision could be: service delivery is resilient to climate impacts, response to severe weather incidents is efficient and effective, vulnerable communities have resources and the information necessary to increase their resilience to climate impacts.

The public sector has a pivotal role to play in building Scotland’s overall climate resilience by helping to deliver the Scottish National Adaptation Plan (SNAP). Looking at the bigger picture can help to make the most of opportunities and to define a public body’s strategic adaptation vision and outcomes. Bodies should consider how their adaptation actions can contribute to the SNAP outcomes and objectives.

As a next step, public bodies should, as a minimum:

• identify actions that are already delivering adaptation within their organisation – for each service or department relevant to the body, provide examples of any existing action, plans or policies that support adaptation actions in that service or department, and how they could be strengthened
• develop a vision of ‘climate readiness’ for their organisation, identifying strategic outcomes for their organisation to focus on.
• read the Scottish National Adaptation Plan and its outcomes and objectives
• consider how each SNAP objective may be relevant to their body

For example, for SNAP3 outcomes:

• (C5) Culture and historic environment: Scotland’s historic environment is preparing for a future climate, and the transformational power of culture, heritage and creativity supports Scotland’s adaptation journey.

Public bodies may have direct responsibilities for looking after the historic environment, either through buildings or monuments on their own estate or as part of their wider function; have relevant regulatory powers such as those related to Planning; or provide funding or other support to the cultural and creative sectors.

• (PS4) Transport system: the transport system is prepared for current and future impacts of climate change and is safe for all users, reliable for everyday journeys and resilient to weather-related disruption.

Public bodies including local authorities, Transport Scotland and the Regional Transport Partnerships will have direct responsibilities in relation to this outcome. However other bodies may own or manage land, other assets or deliver services that could impact on transport systems. For example, a body may own land at risk of landslides that, should a landslide occur after a heavy rainfall event, would block a road. Or, a body may own land higher up a river catchment area where a change in land use could help prevent flooding and related road and rail closures downstream.

• (B1) Increasing business understanding of climate risks and adaptation action: businesses understand the risks posed by climate change and are supported to embed climate risks into governance, investment, and operations, and are collaborating on effective adaptation action.

While the enterprise agencies could be seen as the bodies with the most direct responsibility, all public bodies will work with businesses in some way and can use their influence to contribute to this outcome. For example, bodies including local authorities may provide grants or other funding to businesses in their area and could include aspects related to climate risk and governance in the funding conditions. All public bodies will procure goods and services, and could use procurement exercises to further progress towards this outcome. Bodies can also work to influence members of adaptation partnerships they are part of, and to encourage businesses they work with, where appropriate, to join such partnerships.

Bodies should consider their contribution to the outcomes in a broad way.

6.3.5 Working together

Making progress with adapting to climate change requires a wide range of skills, knowledge and influence. No one person or organisation holds all of the answers and there is much to be gained from the encouragement, resources and opportunities that develop from opening up conversations with others who are tackling shared challenges.

Under the ‘working together’ capability bodies should start by:

• defining their objectives and opportunities for joint working
• identifying relevant groups, partnerships and forums
• joining and participating in relevant professional and adaptation networks.

By joining networks bodies can share knowledge and learning from other groups. Delivering adaptation actions often requires partners working in a collaborative relationship. This includes within and outwith their own organisation, working with community groups or community planning partnerships for example (see Annex J). There are already networks and groups that bodies could consider joining.

As a next step, public bodies should, as a minimum:

• identify existing groups, partnerships or forums that they could join or collaborate with. Consider their aims, existing adaptation links or ongoing work and potential future adaptation links with their own organisation.

Some groups to consider include:

• Community Planning Partnerships
• Community Climate Action Hubs and community action networks
• Local Development Plan groups
• regional climate adaptation and resilience initiatives, such as those listed on the Adaptation Scotland website
• the Climate Ready Infrastructure Scotland forum.

• Join relevant professional adaptation networks. Some examples include:
  • Sustainable Scotland Network
  • Public Sector Climate Adaptation Network.

6.3.6 Overcoming adaptation challenges

Acknowledging any potential barriers or constraints from the outset is an important step in developing an adaptation plan. These can also then be incorporated into monitoring and review processes. How these barriers can be minimised should also be considered as well as how to maximise the relevant drivers to adaptation.

Some common drivers of adaptation include:

• increased awareness in an organisation after an extreme weather event such as a flood or heatwave event
• leadership
• societal pressure from local or national groups or campaigns
• need to comply with statutory guidance or legislation
• need to ensure delivery of services.

Some common barriers or constraints include:

• lack of buy-in from senior leaders and or colleagues
• lack of awareness in organisations
• lack of skills and knowledge of adaptation
• coordinating resourcing (time pressures and competing priorities)
• a focus on the short-term
• a focus on mitigation – the importance of adaptation not being recognised
• siloed policy making – climate adaptation is a complex problem and there are challenges to taking a whole systems approach.

As a next step, public bodies should, as a minimum:

• consider what their organisation’s drivers and potential barriers or constraints are
• consider how their adaptation planning can minimise barriers and or maximise drivers. For example, training on climate change adaptation and mapping their organisation’s priorities to climate change impacts could help colleagues and senior leaders to understand the need for adaptation action
• Share the Leaders’ Climate Emergency checklist with senior leaders which outlines the requirement for action on climate adaptation. The Leader’s Climate Adaptation Checklist maps adaptation-specific actions to the Climate Emergency Checklist.

Refer to Annex G for more technical and complex guidance, aimed at bodies with greater adaptation needs or at a more mature stage. Annex M lists further resources and sources of data.