35.This section provides for ESS to act as an independent reviewing body providing quality assurance around the Scottish Ministers’ reports on progress and their processes in connection with obtaining scientific advice.
36.ESS are to prepare and publish a report. As noted above, the expectation is that this will occur at the same time as the Scottish Ministers lay regulations or their own reports before the Parliament. Before publishing the report, ESS must send a copy of the report to the Scottish Ministers and lay a copy of the report before the Scottish Parliament.
37.Subsections (4) to (6) set out what the Scottish Ministers must do in response to the ESS report published under subsection (2). As soon as reasonably practicable after the publication of the report, the Scottish Ministers must lay a statement before the Scottish Parliament setting out any actions they intend to take as a result of the report. However, that requirement does not apply if a statement made under section 2F(4) has already set out the actions they intend to take as a result of the report. A statement under subsection (4) may also be combined with a statement under section 2E(4) or 2G(3).
38.The Scottish Ministers may, by regulations, change who is to act as the independent reviewing body under the section, but they must be a public body or office-holder who is independent of the Scottish Ministers.
39.Lastly, subsection (10) disapplies the duty in subsection (1)(b) (to assess the manner in which Scottish Ministers seek independent advice under sections 2F(2) and 2G(1)) in respect of the regulations setting the first set of targets. ESS are not, however, prevented from doing so.
The Act Part 1 – Targets for Improving Biodiversity Inserted section 2H – Independent review