23.This section requires the Scottish Ministers to carry out such reviews in relation to the targets as they consider appropriate; prepare regular (not less than once every 3 years) reports on that progress and, at least once every 10 years, carry out a review and report on the suitability of the targets set and indeed the topics themselves. When carrying out reviews, the Scottish Ministers must seek and have regard to scientific advice in relation to the targets set and the topics specified from such persons as the Scottish Ministers consider to be independent and have relevant expertise (subsection (2)). To avoid unnecessary duplication of reporting, subsection (3) expressly permits the combination of the three-yearly reports with the reports in respect of the Scottish Biodiversity strategy that are required on the same cycle(4).
24.All reports prepared under the section are to be laid before the Scottish Parliament and published and the Scottish Ministers are to make a statement to Parliament in relation to the report. As with the laying of regulations, it is expected that the Scottish Ministers will also lay the report prepared by ESS that reviews the Scottish Ministers’ report at the same time.
25.Subsection (5) enables the Scottish Ministers to adjust the topics in section 2C(1) so as to add or amend the topics. This means that the three topics in paragraph (a) for which targets must be set cannot be removed, although they can be changed. Regulations to change the topics are subject to the affirmative procedure and the additional requirements of section 2G.
26.Subsection (7) sets out when the 3-year and 10-year periods for reports begin. In the case of the first reports, both periods are calculated by reference to when section 1 of the Act comes into force and subsequent periods start from the date of publication of the previous report.
The Act Part 1 – Targets for Improving Biodiversity Inserted section 2F – Reviewing progress and power to adjust topics