Scottish Government consultations

Whether Scotland should amend the Renewables Obligation to implement BICS and exempt eligible businesses from ROS costs.

Most agreed with alignment across Great Britain but raised concerns about transparency and supplier certainty.

We will proceed with the legislative changes and work with UK Government to support an orderly introduction to the BICS scheme from 2027.

The Scottish Government published a consultation on 29 January 2026 seeking views on delivering Air Departure Tax (ADT) from 1 April 2027, as announced at the 2026-27 Scottish Budget on 13 January 2026. The consultation ran until 26 March 2026 and was accompanied by a programme of stakeholder engagement. Interested parties were able to respond using the online response tool provided or by email. 

The Scottish Government received 61 responses from a range of individuals and  organisations, including respondents from the aviation industry, tourism sector,  eNGOs and local government. 

Full responses to this consultation (where publication has been permitted) can be viewed through the 'published responses' link below. 

After careful consideration of the responses received, the Scottish Government will proceed with introducing ADT from 1 April 2027. This will be with a new  Highlands and Islands exemption for ADT that exempts:  

• the carriage of passengers on flights which begin at an airport in the Highlands and Islands region and where the final destination is an airport in the UK; and 

• the carriage of passengers on flights which begin at any Scottish airport and where the final destination is an airport in the Highlands and Islands region. 

This is subject to successful completion of all required processes under the Subsidy Control Act 2022. The Scottish Government will also lay the necessary draft secondary legislation in the Scottish Parliament in due course. 

We asked for views on the proposed Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026. The 2026 Proposed Draft Order would extend the recorded matters framework to relevant forensic mental health orders, including Compulsion Orders, Compulsion Orders with Restriction Orders, Hospital Directions and Transfer for Treatment Directions. The consultation ran from 23 January to 23 March 2026.

We also asked about application rights, duties and powers in reviews, operational challenges, impacts on people with lived experience, families and carers, equality impacts, children’s rights and wellbeing, business and organisational impacts, the timing of implementation and any unintended consequences.

Respondents were broadly supportive of the proposed changes. Many said the Order would address an unfair difference between civil and forensic patients and would strengthen parity, participation, procedural fairness and human rights compliance.

You also told us that the practical value of the reform will depend on how it is put into practice. Responses consistently highlighted the importance of clear national guidance, accessible information, standard forms, training, and access to independent advocacy and, where needed, legal support.

A number of respondents raised concerns about workforce pressures, Tribunal capacity, and whether services will be able to deliver the treatment, care, support, accommodation or rehabilitation identified in recorded matters. Some warned that, without enough capacity and resources, the changes could raise expectations that services may struggle to meet in practice.

You also highlighted the need to consider how the new rights will work for patients who may face barriers to taking part, including those without a named person, those with communication or accessibility needs, and those who may need extra support to understand or use their rights.

We carefully considered all responses received as part of finalising the 2026 Proposed Draft Order and preparing for the next stage of the remedial order process. We have also published the Scottish Government’s analysis of the consultation, alongside consultation responses where respondents gave permission for publication. An Easy Read version of the analysis has also been published.

One stakeholder proposed amendments to the 2026 Draft Order, and these are currently under consideration. These suggested changes are mostly about making the wording clearer and more consistent and making sure the rules around applying to the Tribunal are equivalent for relevant forensic orders.

We have used the consultation feedback to inform implementation planning with relevant delivery partners. In particular, we will consider the need for guidance, updated forms, and communications so that the new rights can be used meaningfully in practice.

Finally, we will take account of the consultation feedback as we finalise the impact assessments and consider how early learning can be gathered after commencement, including issues such as consistency of practice, accessibility, and non-delivery of recorded matters.