20.Section 2E of the 2004 Act imposes a duty on the Scottish Ministers to ensure that the targets set are met and provides for what is to happen if a target is not met or it becomes apparent to them that it will not be possible to meet the target. Subsection (2) defines how a target is to be met by reference to the various measures and indicators.
21.The main duty in subsection (1) is framed to reflect the role of the Scottish Ministers in respect of the targets. While the responsibility for meeting the targets lies with them, it will take co-ordinated activity by many people and organisations to achieve the targets.
22.Subsections (3) and (4) should be read together and provide for what is to happen where a target is not met or if the Scottish Ministers believe that it is no longer possible for a target to be met. In those circumstances, the Scottish Ministers must make a statement to the Scottish Parliament setting out their view as to why the target was not (or will not be) met along with the steps that they intend to take in consequence of that. As soon as reasonably practicable, the Scottish Ministers must also lay draft regulations to revoke the missed target and set a new target. Both the statement and laying of the draft regulations provide a means for the Scottish Parliament to scrutinise the actions taken, the reasons for the targets not being met and the proposals for future targets.
The Act Part 1 – Targets for Improving Biodiversity Inserted section 2E – Duties in relation to meeting targets