We Asked, You Said, We Did

For your views on various parts of the Scottish Pubs Code. Topics covered within the consultation paper included: Market Rent Only leases, guest beer agreements, information for prospective tenants, rent assessment, flow monitoring devices and gaming machines.

The consultation was launched on 17 September 2024, and was a short, targeted consultation drawing upon concerns raised by stakeholders following the making of the Scottish Pubs Code Regulations 2024. The proposals were informed by workshops that were carried out with tenant and pub-owning business representatives.

The consultation closed on 4 November 2024 and asked 20 questions. A total of 21 responses were received from stakeholders and individuals.  16 were from groups or organisations (eight Pub-owning businesses, six Representative bodies and two Campaign groups) and five from individual members of the public.

The Scottish Government’s analysis of the consultation has been published as well as the consultation responses (where permission was granted).

The responses to this consultation will inform proposed Ministerial changes to the Scottish Pubs Code.

The intention is for an amending Scottish Statutory Instrument (SSI) to be laid in the Scottish Parliament in January 2025 and, subject to the parliamentary process, for it to come into effect on 31 March 2025. The code will be subject to statutory review, with the first review period ending on 31 March 2026 and further reviews due every 3 years thereafter.

We consulted on our initial proposals for a Scottish equivalent to the Passivhaus standard between July and October 2024.

We asked for your views on a range of key topics relating to determining the principles for a Scottish equivalent:

• Identifying the components of an equivalent standard.
• Proposals to improve the setting of energy performance and ventilation standards for new buildings, leading to lower energy demand (and reduced running costs) and a healthy indoor environment.
• Proposals to improve assurance that the design intent for energy performance and ventilation standards for new buildings is achieved in practice.
• General topics which are material to the ongoing development of energy and environmental standards set by building regulations.
• The proposed updated programme to deliver the current energy standards review and the commitment on a Scottish equivalent to the Passivhaus standard.
• Notes on the proposed amendments of regulations.

Consultation activity ran from 31 July 2024 to 23 October 2024 and received a total of 350 responses. 186 were from organisations and 164 were from individuals. Of the responses received, 64 respondents instructed that their responses should not be published. Of these 64 responses, 25 were from individuals and 39 from organisations.

Accordingly, following final QA checks, 290 consultation responses were published on the consultation page.

Responses represented a range of views and offered useful insight into many aspects of the proposals. The full consultation analysis and report will be published separately.

Following review and consideration of responses to the consultation and focussing on items that may require modifications to the Building Regulations to satisfy Mr Rowley’s final Bill proposal, it is our position that only limited changes to regulations are needed to support an outcome, up to and including that delivered through the voluntary Passivhaus Standard.

In respect of how we set performance requirements, the Scottish Government is content that the current regulations and schedule of mandatory standards within The Building (Scotland) Regulations 2004 already provide the necessary legislative provisions to give effect to the final proposal for a proposed Domestic Building Environmental Standards (Scotland) Bill. The outcome being ‘to introduce new minimum environmental design standards for all new-build housing to meet a Scottish equivalent to the Passivhaus standard, in order to improve energy efficiency and thermal performance’.

Changes that are necessary to legislation have been identified and these relate to building standards processes. In particular, the mandating of information needed to demonstrate to verifiers that compliance in both the design and the construction of buildings is being taken forward correctly. We can confirm that regulations amending The Building (Procedure) (Scotland) Regulations 2004 were laid on 12 December 2024. These introduce a requirement for developers to provide an “energy and environmental design statement” with building warrant applications and an “energy and environmental construction statement” with each completion certificate. These statements will describe how the design and construction of the building complies with paragraphs 3.13, 3.14, 3.28, 6.1 to 6.7, 6.10, 7.1 and 7.2 of schedule 5 of the Building (Scotland) Regulations 2004. These are the mandatory standards relevant to the delivery of energy and environmental performance.

We will publish the Scottish Government response to the consultation shortly.

Next Steps

The July 2024 consultation proposed an implementation date of 2028 for the new standards and there was widespread support for this. To enable the construction sector to prepare for the changes an implementation date of 31 March 2028 was set out in the regulatory amendments.

We will continue to work with the Working Group and wider industry stakeholders through 2025, informed by response to this consultation, to agree and develop the detail of changes to how we set energy and environmental standards for new buildings with the aim to publish revised standards in early 2026.

Regulatory amendments

Amendment to regulations are published here: The Building (Procedure) (Scotland) Amendment Regulations 2024

The Scottish Government launched a consultation on the proposals, which ran for 12 weeks from 17 June until 20 September 2024. The consultation sought views on the proposals to inform decision-making and to establish whether these proposals were seen as the right changes to take forward through an affirmative statutory instrument.

A total of 24 written responses were received and of these 7 were from individuals; and 17 were from organisations.

All responses to the consultation were analysed and themes identified.

Given our consultation analysis, the Scottish Government will be proceeding with plans to bring forward subordinate legislation to:

• Dissolve the GCRB, the Regional Strategic Body for the Glasgow college region;
• Remove the designation of New College Lanarkshire   as the Regional Strategic Body for the Lanarkshire college region; and
• Designate each of the Glasgow and Lanarkshire colleges as “regional colleges”.

Subject to the Parliamentary process, we expect the new arrangements to be in place for the start of academic year 25-26.

 

We sought views on the fee proposals for the operation of the two new registers introduced by the Moveable Transactions (Scotland) Act 2023 - the Register of Assignations (“RoA”) and the Register of Statutory Pledges (“RSP”). The consultation opened on the 8 July 2024 and closed on 16 September 2024.

There were 14 responses to the consultation from individuals (21%) and organisations (79%).

An overwhelming majority of respondents (86%) were either dissatisfied or strongly dissatisfied by the consultation’s key proposals regarding RoA and RSP registration fees, with respondents’ viewing these as prohibitively high and excessive to the extent that the legal reforms intended by the Act could be negatively impacted.  

Additionally, over half of the respondents identified that the proposal for an £80 registration fee to be charged for each statutory pledge would compound the negative effect of what was already considered to be an excessive fee by charging for each individual statutory pledge (over individual assets or groups of assets) contained within a single document  - in other words, a “reduced fee for multiples” fee model was required for the RSP. 

The consultation’s registration fee proposals were based on cost-recovery, with registration volumes being estimated from detailed user research undertaken with a wide range of stakeholders, industry experts and academics over several years. Despite this level of engagement, it proved extremely difficult for Registers of Scotland (RoS) to obtain accurate estimates of volumes for the new registers. Accordingly, the RoS estimates of volumes which informed the proposed registration fees were necessarily cautious.

 The consultation responses indicated that the consultation had the effect of focussing the minds of stakeholders, particularly around the requirement for a “reduced fee for multiples” fee model for the RSP.  This prompted further engagement with stakeholders, including with a majority of consultation respondents, and that allowed more informed assumptions on likely usage for the new registers to be developed.

We sought views on the proposed river gradings for the 2025 salmon fishing season, as well as proposals to reinstate the Annan early rod season. The consultation opened on the 7 August and closed on 6 September 2024.

There were 37 responses submitted to the consultation which consisted of those from individuals (51%) and organisations (49%). A small proportion of respondents (19%) agreed with the proposed gradings for the 2025 salmon fishing season, 30% objected and the remainder did not express a specific view for or against the gradings. A number of respondents (35%) indicated that they believed the proposed grade assigned to a specific river was incorrect and should be changed.

Over a third (38%) of respondents agreed with the proposed amendment to reinstate the Annan early rod season and the remainder did not express a specific view for or against the amendment.

The views given on the proposed river gradings have been used to inform the process of finalising the gradings for the 2025 salmon fishing season.

The views given on the Annan early rod season have been used inform the decision taken.

Both of these will be used in the annual amendment to The Conservation of Salmon (Scotland) Regulations 2016.

We asked for your views on proposals for Crofting Law Reform.  The consultation covered potential legislative changes to support entry to crofting, to clarify the community aspect of crofting law, to promote use of common grazings, to strengthen adherence to crofters’ duties, to modify the Crofting Commission’s regulatory roles and powers, and to make simplifications and corrections to current legislation.

The consultation opened on 6 June 2024 and closed on 2 September 2024.

163 responses were received across the 3-month consultation period.  Of that, 136 responses (83%) were from individuals, and 27 (17%) were organisational responses. 

In addition, 257 people attended our 15 consultation events across the crofting counties in July and August, when the key proposals in the consultation were aired and debated.

Most of the Government’s proposals were well supported by the consultation responses, but some proposals divided opinion.  Many respondents made use of the free text boxes to give reasons for their views and to make a variety of additional suggestions.  Some respondents said that the proposals did not go far enough, and called for a more fundamental package of crofting reforms to be developed.

We are grateful to everyone who took time to share their views and provide a response to this consultation.

The Scottish Government’s Programme for Government (PfG) 2023-2024 announced our commitment to develop and consult on proposals to reform crofting law, and our PfG 2024-25 announced our commitment to analyse and publish the consultation responses, and to bring forward legislation.

The Scottish Government commissioned The Lines Between to undertake an independent, impartial analysis of the responses to the consultation, including the points made in the 15 consultation events.  This analysis was published on 15 November 2024, along with the responses themselves (where permission to publish was given).

We are carefully considering what we have heard during the consultation process to help inform development of the Crofting Bill, and are having further discussions with key stakeholders including the Crofting Commission and other members of the Crofting Bill Group and the Crofting Stakeholder Forum.

We sought views on what you like to do in your free time, what stops you from doing that, and asking what do culture and creativity mean to you. The survey opened on 8th July 2024 and closed on 2nd August 2024.

We received 504 survey responses, with representation across every local authority area in Scotland. The responses were mainly from individuals but included a small number (fewer than 14) from organisations.

Respondents were unanimously positive about the role that culture and creativity play in their life. The variety of responses highlight the way that culture and creativity are a major part in people’s expression and identity, with a strong link to social connections and wellbeing. While cultural engagement is related to people’s choices, interests and preferences, there are barriers for some groups. Cost, accessibility and infrastructure are three major challenges.

All survey responses were read and analysed by researchers, who produced a report: Cultural engagement in Scotland: insights from people's experiences. This report captures the different views with analysis of the main issues raised, and includes direct quotes from survey respondents.

This research has important implications. It underscores the need to ensure the approach to culture includes the everyday, the emerging, the established and the more formal, and that cultural events and programmes meet the needs and interests of different population groups.

What the impacts were of the measures put in place for UEFA EURO 2020, which took place in 2021.

 

How the measures that are likely required by UEFA for EURO 2028 could affect businesses.

 

What kinds of measures and exemptions would be most appropriate.

In summary, there was general support for the proposed measures to protect commercial rights for EURO 2028. The most common view was that there would not be a noticeable impact on respondents. Benefits to consumers were often noted. Planning and communication to help people prepare for, and mitigate adverse impacts, were encouraged.

 

Key themes raised by respondents included:

 

Street Trading

 

The most common view was there had been no or little impact from the street trading restrictions for EURO 2020. Similarly for EURO 2028 the most common theme was there would be no or little impact.

 

A few respondents highlighted potential impacts on businesses. This included the need to provide information and guidance on the measures or having to relocate temporarily.

 

Potential positive impacts were also mentioned. These included minimised unauthorised trading and improved consumer rights and confidence.

 

There was no consensus as to whether any exemptions or other measures should be applied to help manage adverse impacts of street trading.

 

More broadly, respondents called for advance planning to help businesses prepare for EURO 2028.

 

Other comments included one call for the restrictions to apply to pedlar certificates too. This was due to a rise in issues related with these.

 

 

 

 

Advertising

 

Fewer respondents were aware of advertising restrictions for EURO 2020 than for street trading restrictions.

 

Again, the main view was that these same measures would have no impact for EURO 2028. Impacts on businesses, such as restricting their ability to advertise, was the second most common theme.

 

Just over half of respondents did not feel there were appropriate exemptions or other measures that should be applied.

 

There were some calls not to apply advertising restrictions to charities or community groups.

 

Ticketing

 

The most common view was that ticket touting laws for EURO 2020 had no impact on respondents. Respondents were most likely to feel the same would be the case if similar laws are used for EURO 2028.

 

Some respondents highlighted positive impacts for visitors arising from the ticketing proposals. This included visitors having less contact with ticket touts or inadvertently buying unauthorised tickets.

 

Some suggested exemptions. This included tickets sold for charitable purposes.

 

There were mixed views around which level of penalty was most appropriate. Most commonly there was uncertainty around the level that would be appropriate. Higher penalties were more likely to be supported than lower ones. Some felt the penalty should be proportionate to the situation or amount made by ticket touts. A few felt the penalty should be publicised and act as a deterrent.

 

Community impacts

 

A range of other community impacts were highlighted beyond the scope of the proposed legislation. These included:

 

• the most common theme was that EURO 2028 may impact vulnerable people or disabled people. One organisation noted these groups were more likely to be the target of scams;

• the impact on communities of littering and noise during EURO 2028;
• over-crowding and the impact this has on aspects like commuting to work for communities; and
• parking issues for residents or their carers

 

Business and Regulatory Impact Assessment (BRIA)

 

One organisation called for greater clarity about the proposals. This was because it was difficult to give a clear response until the “location, proximity or duration” of restrictions were known. They called for further consultation once these had been identified. This organisation also preferred Option 3 of the BRIA – bespoke EURO 2028 legislation that was proportionate and limited. This was also the Scottish Government’s preferred option.

 

Another organisation felt the BRIA was useful in contextualising the proposals. They also highlighted the importance of maintaining consumer trust.

 

Other views

 

There was a call from an events organisation for the principals of the legislation to apply to all mass gatherings including music events. This view was shared by an individual who felt existing, as well as new and one-off events, should be supported. This was due to the wide-ranging positive impacts on Scotland of events.

 

In terms of street trading, there were concerns around the negative impact poor quality goods have on the consumer experience. There was a call for strengthened consumer rights to help address this. One individual felt the proposals would mean less choice for the consumer, though did not expand on why they thought this.

 

There were also concerns about the loss of business to those with premises in and around event zones or who advertise in these areas. It was highlighted that sometimes local businesses do not benefit from events like EURO 2028 with most benefits being felt by those in city centre locations.

 

In relation to the broader regulatory context of events in Scotland, there were calls for more preparatory work. This included engaging with and providing information to stakeholders and groups that may be affected. It also included reviewing legislation around the governance of events to make sure it is fit for purpose.

The Scottish Government is grateful to those who took the time to write a response to the UEFA EURO 2028: commercial rights protection – public consultation. We are also grateful to those who came to the supporting virtual and in person events. We would like to thank the partners who supported the public consultation, in particular Glasgow City Council and Glasgow Life.

 

There were 26 responses to the consultation. The Lines Between has analysed the consultation responses. This is now available. Individual and organisation responses are also available where permission has been given.

 

The need for effective communications to under-pin the proposed legislation has come through strongly in the public consultation. Glasgow City Council will lead on a Communication Plan to help ensure that those potentially affected by any commercial rights protection legislation for EURO 2028 have access to all the information they need as early as possible. This will include guidance for street traders and pedlars in accessible formats.

 

There were calls for exemptions to the proposed legislation, including for charities. We are considering whether these – and any other exemptions – might be applied to the proposed legislation for EURO 2028.

 

There were mixed views on the level of fine for ticketing touting. We continue to work with lead partners to explore the pros and cons of an increased fine for this offence during EURO 2028.

 

The need to consider pedlars came across in the consultation. It also came up in related engagement with lead bodies. This is being factored into development of street trading restrictions.

 

Community impacts of EURO 2028 were highlighted. This included on vulnerable groups, such as older or isolated people, or disabled people. One organisation noted these groups were more likely to be the target of scams. We have also heard the concerns raised on littering, anti-social behaviour and traffic management issues. These are important points but they are beyond the scope of the proposed legislation. We have therefore highlighted these issues to the relevant authorities for further consideration.

 

Scotland’s National Events Strategy 2024-2035 aims to build on the events industry’s many achievements to date. The refreshed strategy aims to provide a strategic focus for all those involved in planning, securing, supporting, and delivering events of all sizes in Scotland. Under the priority theme of quality planning and delivery the Strategy also identifies a potential action to further examine and develop the future regulatory context for events to support an optimal environment for the delivery of this strategy, taking into account best practice from around the world. Relevant feedback from this consultation will inform the detailed action plan for the strategy that is being developed. This will regularly be monitored by the Event Industry Advisory Group.

 

The UK Government is launching a consultation in the autumn to explore options for introducing new consumer protections in relation to ticket resales. The Scottish Government continues to liaise closely with lead UK Government Departments on how issues in the ticket resale market can be tackled effectively across the UK including any legislative considerations.

 

The Scottish Government’s Programme for Government 2024-25 was published on 4 September 2024. This included a Bill to put in place commercial rights protections to meet UEFA’s requirements for hosting EURO 2028 matches in Scotland.

 

The analysis of all responses to the consultation have been carefully considered. Scottish Ministers will take these views into account in their decision-making.

 What is your view on the proposed TAC level for Clyde herring in 2024?

A range of responses were recieved, as can be found in the outcome report.

Having considered the best available scientific information, the wider obligations and analysed all responses submitted through the consultation process, the TAC for 2024 has been recommended to the UK Secretary of State at 583 tonnes. This is a rollover of the 2023 TAC and retains the existing management measures.

We asked for your views on increasing court fees in Scotland. 

23 responses from individuals and organisations were received. A list of published responses can be found in the Published Responses section below.

An analysis of the consultation and response from the Scottish Government will be published shortly. The Scottish Government intends to implement the proposals set out in the consultation. We have taken all of the comments and suggestions made as a result of the public consultation into consideration when preparing the Scottish Statutory Instruments which have been drafted in order to implement the fee increases.

The public consultation sought views on a range of proposals to support improvement in the delivery of planning services, including smarter ways of working, getting more people to consider a career in planning and alternative approaches to financing.

140 responses were received from a wide range of stakeholders, of which 113 were from groups or organisations and 27 were from individual members of the public.

View a summary of responses to the consultation. 

Where permission to publish has been provided, the consultation responses are now available to view online.

We are currently considering the responses to the consultation and will provide an update on next steps when the Scottish Parliament returns after recess.

For your thoughts on our proposals for regulations to enable amendments to the development plan – both the National Planning Framework (NPF) and Local Development Plans (LDPs).

Positive and constructive feedback was received for each part of the proposed regulations. 

We have taken account of all the responses received and are using these to inform the development of the final regulations and accompanying guidance. Our summary report following your feedback is available here: https://www.gov.scot/isbn/9781836016922

The public consultation sought views on the proposed regulations on the procedures to prepare Masterplan Consent Areas (MCAs).

The Planning (Scotland) Act 2019 establishes the principles for establishing MCAs, but regulations are required to set out the detailed procedures to enable planning authorities to use this new consenting mechanism. MCAs will allow planning authorities to take a place leadership role, by proactively consenting the type and quality of development they wish to see in their places.  

The consultation set out the proposed procedures and included two sets of regulations: the first covering the main process for making MCA schemes and secondly separate regulations covering Environmental Impact Assessment provisions for MCAs.

62 responses were received from a wide range of stakeholders, of which 57 were from groups or organisations and 5 were from individual members of the public. Respondents were generally supportive of the proposed regulations and there was broad agreement that the regulations should be kept to the minimum necessary.

View a summary of responses to the consultation. 

Where permission to publish has been provided, the consultation responses are now available to view online. We took account of the responses, which have informed the development of the final regulations.

We sought views on draft statutory guidance for Part 2 of the UNCRC (Incorporation) (Scotland) Act 2024 and on draft statutory guidance for Part 3 (section 18) of the UNCRC (Incorporation) (Scotland) Act 2024. The consultation opened on the 22 February 2024 and closed on 16 May 2024.

There were 92 responses submitted to the consultation from individuals (18) and organisations (74). In addition, 55 children and young people were consulted via four organisations who held a range of activities, focus groups and interviews to gather their feedback.

Part 2:

1) Respondents told us that the guidance was too long and needed to be clearer, some of the language was difficult to understand. Some respondents asked for sections to be moved and some suggested extra information.

2) Some respondents wanted examples of organisations and workers who have to follow the guidance. Others asked for more specific, directive, operational level guidance focused on the practical side of how to uphold children’s rights.

3) Some respondents felt that legal expertise would be needed to understand and interpret the guidance. They felt that it was too complicated for children and their families to understand.

4) Several respondents raised concern that some organisations might not realise that the UNCRC Act applies to them.

5) Several respondents took the opportunity to raise concerns outwith the scope of the statutory guidance consultation, such as concerns about resource and funding implications.

Part 3:

1) The guidance was felt to be lengthy, complicated and not user friendly. Respondents flagged that duplication of some of the information in statutory guidance on Parts 2 and 3 of the UNCRC Act was unnecessary.

2) The language was generally considered to be too complex and included legal terminology, making it difficult for lay readers and children and young people and their families to understand.

3) Some respondents called for more information and greater clarity to be provided about various aspects. This included the timing of reports; the development of combined and joint reports; requests for signposting to resources to support the development of child friendly reports; distinguishing between essential and desirable tasks; and how to work through decision-making.

4) Some respondents asked for examples of children’s rights reports, case studies and pro-forma templates to be provided. It was also felt that the guidance would benefit from more sector specific details or examples to support understanding.

5) Some respondents suggested that flowcharts and diagrams would be useful.

Part 2:

1) The updated Statutory Guidance for Part 2 of the UNCRC (Incorporation) (Scotland) Act 2024 was published on 13 September 2024.

We simplified the language as much as possible and made the guidance more concise by separating additional content into two further documents: Clarification of inherent obligations of the UNCRC and Sources to guide interpretation of the Act.

2) We have provided more specific, directive, operational level guidance focused on the practical side of how to uphold children’s rights in Non-statutory guidance on taking a children’s human rights approach. This was published on 8 January 2024.

The Scottish Government is unable to provide examples of organisations and workers who must follow this statutory guidance, as the UNCRC Act may apply differently across the range of public authorities, depending on the different functions of each public authority. Public authorities will be required to make an assessment of how the UNCRC Act applies to their functions, seeking legal advice as appropriate.

3) The purpose of the Statutory Guidance on Part 2 of the UNCRC Act is to provide public authorities with pragmatic information that may assist them with understanding and acting in accordance with section 6 of the UNCRC Act. The guidance is primarily intended for those with responsibilities within public authorities for implementing and delivering the provisions of the UNCRC Act. If a public authority is unclear on whether the section 6 duty (the compatibility duty) applies to it, it should seek independent legal advice.

Statutory guidance is not intended to provide information for children and their families. Resources are in development to support children and their families to understand the UNCRC Act. This includes a resource to help children and young people realise their rights in practice, guidance on how to make use of child friendly complaints processes, a social media campaign from Young Scot and information on the Parentclub website. 

4) We reviewed and updated the sections on public authorities and functions of a public nature to include further explanation of the duties under section 6 of the UNCRC Act.

5) We were only able to take action on responses that related to the statutory guidance consultation.

Part 3:

1) The updated Statutory Guidance for Part 3 (section 18) of the UNCRC (Incorporation) (Scotland) Act 2024 was published on 18 September 2024. We removed all content in the guidance that duplicated sections in statutory guidance for Part 2 of the UNCRC Act. Instead, links are now provided to the relevant information.

2) Language was reviewed and simplified where possible. The purpose of the guidance is to provide public authorities listed in section 19 of the UNCRC Act with pragmatic information to assist them with understanding and fulfilling the reporting duty under Part 3, section 18 of the UNCRC Act.

Statutory guidance is not intended to provide information for children and their families on the children’s rights reporting duties. Listed authorities are required, under the UNCRC Act, to publish a child friendly version of their children’s rights report.

3) The statutory guidance was reviewed and updated to provide greater clarity where possible, including clarity on what children’s rights reports must include. The Scottish Government is providing support to listed authorities which will include support to develop child friendly documents.

Listed authorities vary greatly in terms of their functions and how they are constituted, therefore, the Scottish Government cannot provide guidance on their decision-making. Guidance on decision-making was therefore outwith the scope of the statutory guidance.

4) The purpose of the guidance is to provide listed authorities with pragmatic information to assist them to understand and fulfil the reporting duty of under Part 3, section 18 of the Act. The UNCRC Act does not prescribe the format of children’s rights reports, however, Annex A provides a number of frameworks and considerations to support reporting and help listed authorities in the fulfilment of the reporting duty.

The purpose of the statutory guidance is mainly to explain the duties in the Act.  As the format of children’s rights reports is not prescribed in the Act, it would not be appropriate to include examples of children’s rights reports or case studies in the guidance, or to provide pro-forma templates, which could limit how listed authorities could meet their reporting duty.

Statutory guidance must support all duty holders. Sector experts will be best placed to develop further guidance for their context.

5) For accessibility reasons, flowcharts and diagrams should only be included in documents where there is a clear identified need. On reviewing and updating the document, no clear need was identified to use a flowchart or diagram.

On 21st March 2024 the Scottish Government published a consultation seeking views on legislative proposals to facilitate marine nature restoration. The proposals covered legislation that would enable Ministers to introduce a registration process for marine restoration projects below a threshold of environmental impact, and changes to provisions in the Marine (Scotland) Act 201 that would enable Marine Conservation Orders (MCOs) to be used to protect habitats and species undergoing restoration alongside other smaller amendments. 

A total of 51 responses were received to the consultation. The majority (41) were submitted by organisations, and 10 by individuals.   

Overall, there was support for both sets of proposals. However, there was a lack of consensus around the detail of the legislative powers. Many respondents also highlighted the need for a framework and better understanding of where restoration can best take place around Scotland. 

The Scottish Governments analysis of responses to the consultation has been published. The report includes a summary of key findings and a response from the Marine Directorate.  

As a result of the responses received, the legislative proposals set out in this consultation will not be taken forward at this time.  However, we will continue to explore the regulatory framework for marine restoration as part of the development of a marine and coastal restoration plan. Development of this plan is one of the actions set out in the Scottish Biodiversity Delivery Plan 2024–2030. 

We asked for your views on the implementation of the prohibition of the sale and supply of single-use vapes in Scotland.

A list of published responses can be found in the Published Responses section below.

A summary of consultation answers and the government response has been published on the Scottish Government website. The document can be found here: Single-use vapes consultation: SG response

We sought views on proposed enabling powers that would better allow for future amendments to Scotland’s Environmental Impact Assessment (EIA) regimes and Habitats Regulations. The consultation opened on 18 March 2024 and closed on 13 May 2024.

We received 41 responses to the consultation. These included responses from 30 organisations and 11 individuals.

• There was overall agreement with our rationale for seeking the enabling powers both in relation to the EIA regimes and Habitats Regulations.
• Overall, respondents also agreed there should be limitations on how Scottish Ministers can use these powers.  
• A full analysis of the responses highlighted a number of key themes relating to the scope of the powers and procedures for their future use, including:
  • Consultation and engagement
  • Scottish Parliamentary procedures
  • Review of the powers
  • Environmental standards
  • Consistency across legislative regimes

The analysis of consultation responses has been published, along with the individual responses (where permission was granted). The Scottish Government intends to include the proposed enabling powers in the planned Natural Environment Bill, as set out in the Programme for Government 2024 - 2025. We are considering all comments and suggestions from the consultation as we develop the provisions.

Any future proposals for use of the enabling powers will be subject to appropriate consultation and assessment of impacts.

The Islands Connectivity Plan (ICP) is replacing the previous Ferries Plan but is broader in scope, covering wider transport connectivity, taking account of aviation, ferries, fixed links and onward and connecting travel. The Plan is an important part of the Government’s efforts to improve ferry services alongside the next Clyde and Hebrides Ferry Services contract.

 

We asked for your views on the visions and priorities set out in the Strategic Approach paper, considering island transport connectivity including ferries, aviation, fixed links and, especially, addressing the strategic challenges facing the Northern Isles Ferry Services and the Clyde & Hebrides Ferry Services.

 

We also asked for your views on the updated Vessels and Ports Plan that provides detail on the Scottish Government’s objectives for the Northern Isles Ferry Services and the Clyde & Hebrides Ferry Services and which the Scottish Government is directly responsible for. It provides a long-term plan, to 2045, for the vessel and port investment considered necessary to address the key challenges of reliability and resilience.

A total of 197 responses were received. The majority, 141 responses, were submitted by individual members of the public. The remaining 56 responses were submitted by organisations or groups. A majority of the individual respondents – 78% of those who answered the relevant question – said that they live on a Scottish island or peninsula the majority of the time.

The consultation responses have been carefully considered and will be used to inform further elements of the overall Islands Connectivity Plan, most notably the final versions of the Strategic Approach and the Vessels and Ports Plan.

 

We will continue to engage with our key stakeholders to update them on the development of the Islands Connectivity Plan, with further engagement in particular to inform various community needs assessments.

 

Further updates will be made available via the Transport Scotland website as they become available.

We sought views on the draft Scottish National Adaptation Plan 3 (SNAP3) 2024-29, which sets out out how we intend to support the people of Scotland prepare for and build resilience to the impacts of climate change.

Consultation on the draft Adaption Plan (SNAP3) opened on 31 January 2024 and closed on 24 April 2024.

The consultation asked 32 questions, on a broad range of issues, around:

• Lived and local experiences of climate change;
• The Plan’s 5 outcomes of Nature Connects; Communities; Public Services and Infrastructure; Economy, Business and Industry and International Action;
• Enabling factors, such as monitoring and evaluation and responsible, private investment;
• The possible effects and outcomes of the Adaptation Plan on people, businesses, and communities and how to avoid any unjust negative impacts, to inform our impact assessments. 

A total of 240 responses were received, triple the number from the previous Adaptation Plan. 131 (55%) responses were submitted by individuals and 109 (45%) were submitted by or on behalf of a broad range of organisations.

In response to the consultation respondents:

• Highlighted concern for the adverse economic impacts of climate change, including rising costs and disruptions to key services and supply chains, and the importance of adequate financial support, as well as public and private investment; 
• Expressed concerns around declines in biodiversity and a decreased resilience of natural ecosystems, and supported enhancing green spaces, restoring natural habitats such as forests and peatlands, and improving waterway management;
• Called for strengthening the resilience of infrastructure and public services, including coastal and flood defences, public transport networks, energy systems and public utilities;
• Emphasised collaborative action within and across the public and private sectors, including for the Plan to facilitate multi-stakeholder platforms and partnership networks;
• Highlighted the importance of empowering communities to participate in climate adaptation efforts and of community-based initiatives as important ways to build resilience;
• Raised the importance of raising awareness and increasing education on the impacts of climate change in Scotland; 
• Sought increased integration of health considerations into the Plan to protect and improve the mental and physical wellbeing of communities, especially for populations most vulnerable to climate impacts; 
• To support or incentivise more investment in adaptation action, there was support for the approaches proposed in the draft SNAP3, notably grant funding schemes to help offset risks associated with adaptation investments;
• Most respondents from organisations supported the proposed approach to monitoring and evaluating progress of the Adaptation Plan. Suggestions were raised for additional outcome indicators in the monitoring framework, such as socio-economic measures and added environmental indicators.
• Mixed viewpoints were shared on the Plan’s impacts on children’s rights and Island communities, but respondents hoped the Plan would lead to a safer living environment and improve overall standard of living.

A comprehensive, independent analysis of responses to this consultation was undertaken by Alma Economics and is now published on Gov.Scot. Where permission to publish has been provided, individual and organisational consultation responses are also available to view.

The responses to this consultation have directly informed policy development for the final Adaptation Plan, including but not limited to:

• Integrating an increased focus on action to support coastal communities and progressing commitments to support community-led action in the Plan’s outcome on Communities;
• Maintaining an emphasis on action to protect and enhance nature including nature-based solutions, as a key means of supporting resilience, in the Plan’s outcome on ‘Nature Connects’;
• Committing to expand regional adaptation partnerships and to further guidance and support to help public services and infrastructure operators understand future climate scenarios;
• Increasing educational resources, including the development of children’s version of the final Adaptation Plan to support learning;
• An increased focus on action to manage supply chain vulnerabilities for food and vital goods, mobilise increased responsible private investment, as well progressing proposals for business support in the Plan’s outcome on Economy, Business and Industry;
• Integrating a greater focus on the relationship between climate and health, including mental health and wellbeing, across the Plan;
• Developing a robust approach to monitoring and evaluation, including ideas for effective data sources.

The Scottish Government intends to publish a final Adaptation Plan 2024-29 which in informed by the findings of this consultation, a suite of impact assessments and stakeholder engagement in Autumn 2024.

We sought views on the draft national Good Food Nation Plan. The consultation opened on 24 January 2024 and closed on 22 April 2024.

The consultation asked 35 questions about the Plan including on the national Good Food Nation Outcomes, ways of measuring progress and how different groups envision life in a Good Food Nation. It also sought views on specified functions.

The consultation was conducted with regard to the importance of communicating in an inclusive way, and the importance of effectively engaging with children and young people.

452 valid responses were received to the consultation paper, of these 281 were from individuals, and 171 were from organisations. A series of stakeholder engagement workshops were conducted, with ten workshops delivered in-person at locations all over Scotland and five online. Additionally, a resource pack was developed and distributed to schools with the aim of engaging children and young people with the consultation. Over 1000 responses were received from children and young people as a result of this activity.

Across all respondents, views were generally positive about the draft national Good Food Nation Plan. A majority of respondents agreed with each of the six Good Food Nation Outcomes. Respondents were given the opportunity to provide further feedback on each proposal. Following qualitative analysis, these views have been presented via emerging themes. These included concerns regarding how the Outcomes, targets and indicators would be measured, monitored and evidenced. Additionally, there were concerns raised regarding the funding and resources required to implement the Plan. These responses will be considered by policy leads during further policy development.

The Scottish Government is grateful to those who took the time to provide a response to this consultation. We commissioned an independent research company to undertake an independent analysis of all responses received to the consultation and during the consultation events. The consultation analysis report was published on 27 September 2024 and presents the findings from the public consultation and explains the methodology that was used to analyse the responses. 

Where permission to publish consultation responses has been provided, the responses are now available to be viewed on Citizens Space.

We have been using the responses to the consultation to help inform the national Good Food Nation Plan, including amending the draft to reflect the feedback received in the consultation. The amended draft will be laid before the Scottish Parliament for their consideration and comment. This will be accompanied by a statement outlining the steps taken to consult, and how the responses have been considered. The Scottish Parliament will have an opportunity to consider and comment on the draft Plan before final publication.