Current status: Answered by Ivan McKee on 9 December 2025
To ask the Scottish Government whether it will provide an update on the implementation of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 in relation to the fourth National Planning Framework (NPF4), and what its position is on whether applications called in for consideration by the Energy Consents Unit that meet the threshold for a “national development” require a Child Rights and Wellbeing Impact Assessment (CRWIA).
National Planning Framework 4 (NPF4) was approved by the Scottish Parliament in February 2023, before the UNCRC (Incorporation) (Scotland) Act commenced. Its implementation reflects children’s rights principles, including participation and wellbeing considerations.
For individual development proposals, including national developments and cases under sections 36 or 37 of the Electricity Act 1989, applicants are not legally required to prepare a CRWIA. However, Ministers must act compatibly with UNCRC requirements.
Scottish Ministers must prepare and publish a CRWIA for strategic decisions affecting children’s rights and wellbeing—high-level decisions that may impact the Government’s ability to respect, protect, and fulfil these rights. These typically include setting policy priorities, allocating resources, and policy delivery, but not routine operational decisions (e.g. many planning or licensing cases).
Strategic decisions are usually made by Ministers but can also be made on their behalf. They generally influence how the Scottish Government implements laws and policies over the long term, though urgent short- or mid-term decisions may also qualify. Strategic decisions may form part of an overarching plan. Ministers also intend to carry out CRWIAs for any changes or reviews of such decisions.