27.This section sets out a number of conditions and procedural steps that apply to the initial setting of targets and any subsequent amendments to them.
28.In all cases, before making regulations under section 2C (whether setting or amending a target or changing the measures or indicators) or section 2F (changing the topics) the Scottish Ministers must seek and consider scientific advice from independent experts(5). While the form of such advice to be sought is not specified in the legislation, it is illustrative to note that to inform the development of the Act, the Scottish Government convened a Biodiversity Programme Advisory Group of independent academics on a voluntary and non-statutory basis with quality assurance provided by the Scientific Advisory Committee of NatureScot(6).
29.The Scottish Ministers must also consult such persons as they consider may have an interest in or otherwise be affected by the regulations.
30.Where the regulations set or amend a target, the Scottish Ministers must be satisfied that the target or the amended target can actually be met. Coming to this view is likely to be informed by the scientific advice and a wide range of other considerations.
31.Subsection (3) provides that, if the regulations are to amend a target, at the same time as laying the regulations, the Scottish Ministers must also lay before Parliament a statement as to why they consider it is appropriate to do so (unless a statement has already been laid in relation to the targets under section 2E(4)(a)). For example, if progress against the target has been better than expected, it may be appropriate to adjust the target to a different timeframe for completion. Equally, if it appears that the target is having an unforeseen consequence, it may be appropriate to adjust the target to mitigate against that.
32.Although not expressly required by the provision(7), it is intended that the Scottish Ministers will also lay the report received from ESS in connection with its quality assurance role on the taking of advice or a reviewing and reporting on the targets (see the notes on section 2H below) at the same time as laying the regulations.
33.Subsection (5) provides that regulations may only revoke a target or amend it in a way that diminishes it (such as reducing the intended ambition) in three circumstances, namely:
	The target has not been met or the Scottish Ministers don’t believe it will be met and therefore must attempt to set a replacement target.
	The Scottish Ministers are satisfied that the existing target would have no significant benefit compared with not meeting the target or meeting a diminished target. This covers situations where it becomes apparent that even if the target is fully met it is not making the intended contribution to restoring or regenerating biodiversity.
	Changes in circumstances or scientific knowledge mean that the target or the manner in which progress toward the target is measured is no longer appropriate. This reflects that long-term targets, or geographically specific targets may sometimes be overtaken by events and that all targets may be impacted by scientific discoveries which change the understanding of what is the best approach.
34.Subsection (6) enables the Scottish Ministers to use some or all of the independent scientific advice and consultation that they have already received in the development of the Act proposals to inform their thinking about the targets to be set under this Part. Otherwise, that existing advice would have to be sought and provided afresh.
The Act Part 1 – Targets for Improving Biodiversity Inserted section 2G – Process for setting or amending targets or adjusting topics