Statutory Guidance for Public Bodies Consultation Analysis

IntroductionThe Scottish Government (SG), on behalf of the Scottish Ministers, wishes to commission an evaluation of the consultation on draft statutory guidance for public bodies in relation to the climate change duties .The intended users of the statutory guidance are the Scottish public bodies subject to the climate change duties. Under the relevant legislation (Climate Change (Scotland) Act 2009), Scottish Ministers are required to provide guidance to public bodies in relation to the duties; consultation on such guidance is also required.The consultation document includes a full draft of the proposed statutory guidance. The consultation analysis will provide feedback on what stakeholders think of the draft guidance, e.g. whether it is fit for purpose, whether there are gaps, omissions, or ways it could be improved, etc. The overall aim of this contract is to provide robust and timely analysis and reporting on the responses to the written consultation, to inform the final version of the statutory guidance, and ensure that it meets the needs of the intended users, i.e. the public bodies subject to the climate change duties.To enable publication of the final guidance by the end of this year, the analysis report is required by the end of July.Legal backgroundThe climate change duties are conferred on relevant public bodies by section 44 of the Climate Change (Scotland) Act 2009; section 45 requires Scottish Ministers to provide guidance to public bodies; and bodies are required to have regard to the guidance. Section 45(2) requires Scottish Ministers to consult on such guidance.The public bodies subject to the climate change duties include local authorities, NHS Boards, colleges and universities, transport partnerships, integration joint boards, central government agencies and non-departmental public bodies. Over 180 bodies are subject to the duties.Statutory guidance under section 45 was first published in 2011. The final version of the new guidance, once formally published, will replace the 2011 guidance. It is expected that the new guidance will be published by the end of 2025, and will be in place for a minimum of five years.ContextThe guidance aims to help public bodies to minimise their operational greenhouse gas emissions, adapt and become resilient to the current and future impacts of the changing climate, live within environmental limits and ensure a strong, healthy and just society.The guidance will guide the work that public bodies in Scotland will do to embed climate change and sustainable development in everything that they do. Therefore, it is important that the statutory guidance will improve not just climate-related outcomes, but also ensure wider linked benefits, such as enhanced biodiversity, improved public health and wellbeing outcomes and reduced inequalities, are achieved.Development of the draft guidanceThe draft guidance was co-developed with input from across the Scottish public sector, via the Sustainable Scotland Network. Public bodies have contributed content, reviewed early draft of the guidance and engaged in stakeholder events. Therefore, many public bodies had already helped to shape the draft of the guidance document, before the consultation opened.