Climate change duties - draft statutory guidance for public bodies: consultation
The third duty: acting in the most sustainable way
Chapter 7, Implementing the third duty: acting in the most sustainable way, lays out the overarching principles and actions which all public bodies would be expected to undertake, in a manner proportionate to their size and nature, to implement the third duty. Key to this is to mainstream sustainable development into the functioning of Scottish public bodies, i.e. work must be carried out in a way that supports sustainable development.
The guidance notes that, due to the individual nature of each public body and the unique nature of the decisions that they make, it is not possible to take a prescriptive approach to this duty. Public bodies are required to consider their actions carefully and apply an awareness of wider impacts to their approach.
The chapter starts with a summary of key actions and outcomes, copied in the drop down section below, before going on to provide detailed guidance around the approach and recommended actions.
You may find it useful to refer to the consultation paper while responding to these questions.
Acting in the most sustainable way - summary of key actions and outcomes
The third of the climate change duties set out in section 44 of the Climate Change (Scotland) Act 2009 requires public bodies, in exercising their functions, to act in the way that they consider to be most sustainable.
The National Performance Framework (NPF) is the overarching framework within which the work of central and local government, and the wider public sector, takes place. The NPF National Outcomes are aligned with the United Nations Sustainable Development Goals (UN SDGs). Section 1 of the Community Empowerment (Scotland) Act 2015 requires public authorities, in carrying out their functions, to have regard to the National Outcomes.
Public bodies are, in addition, required to contribute to the achievement of sustainable development under various other pieces of Scottish legislation.
To help demonstrate compliance with the third duty, public bodies should:
- align their work to the NPF and delivery of the National Outcomes and, as best practice, to the just transition principles
- ensure that sustainable development is embedded in strategies, policies, plans and projects
- integrate a sustainable development impact assessment, or equivalent, process into decision-making processes, including financial decisions
- ensure that procurement activities are undertaken in line with relevant legislation and the Sustainable Procurement Duty
- monitor and evaluate policy implementation and outcomes against the five principles of the UK Shared Framework for Sustainable Development.
Key outcomes for public bodies will be that:
- potential policies and decisions are, before they are finalised, assessed for fairness, ecological impact, economic sustainability, whether they are based on good evidence, and whether those who are likely to be affected have had a chance to participate in the decision-making process
- activities remain within planetary boundaries, and focus on the fair distribution of both benefits and disbenefits
- good governance for sustainable development ensures participation, accountability and transparency
- the procurement process is used as an opportunity to maximise social and environmental, as well as economic, benefits; and to ensure that environmental and other harms are minimised
- they contribute, through their functions, to the National Outcomes and achievement of the United Nations Sustainable Development Goals.