266.Section 54 modifies the process for parliamentary consideration of Improvement Plans under section 30 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (“the Continuity Act”).
267.One of the powers of Environmental Standards Scotland under the Continuity Act is the ability to submit an Improvement Report to the Scottish Parliament with concerns about the effectiveness of environmental law and its delivery, and recommendations for improvement.(32) Section 30 of the Continuity Act sets out the obligation and procedure for the Scottish Ministers to prepare an Improvement Plan setting out their response to these recommendations, which is subject to approval by the Parliament.(33) If the Parliament does not approve the Scottish Ministers’ Improvement Plan, they are obliged to review and submit a revised plan until one is approved.(34)
268.This section of the Act amends section 30 of the Continuity Act to clarify the procedure for approval of the Improvement Plan. The Act modifies section 30(3) to explicitly state that the Improvement Plan is submitted to the Scottish Parliament “for approval” and replaces the text in section 30(5) to clarify that paragraphs (a) and (b) apply where “the Parliament does not resolve to approve the plan” (rather than where Parliament “resolves that the plan should not be approved”). Taken together, this makes Improvement Plans subject to what is commonly referred to as the “affirmative procedure” for parliamentary approval. Subsection (8) is repealed in consequence of the amendment to subsection (5).
The Act Improvement plans under the European Union (Continuity) (Scotland) Act 2021 Section 54 – Procedure to approve improvement plans