Current status: Answered by Gillian Martin on 31 December 2025
To ask the Scottish Government what it considers the practical effects of Part 5 of the Natural Environment (Scotland) Bill would be with respect to reserved matters, including energy consents, transport and telecommunication.
Part 5 of the Natural Environment (Scotland) Bill(as introduced)is not intended to have a practical effect on any matters which are reserved.
Section 34 replaces the definition of public body or office holder in section 58 of the Nature Conservation (Scotland) Act 2004 with provision that makes it clear that for the purposes of that Act, where the Act refers to a public body or office holder it includes a reference to:
The amendments also provide that the 2004 Act applies only in relation to the exercise of functions by public bodies or office holders in or as regards Scotland which do not relate to reserved matters.
Sections 35, 36 and 37 provide standard regulation-making, ancillary and commencement powers to Scottish Ministers to implement the Bill effectively. Further detail about these provisions are set out in the Delegated Powers Memorandum for the Bill-Delegated Powers Memorandum