UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

20 Functions

(1) Environmental Standards Scotland’s functions are—

(a) to monitor as it considers appropriate—

(i) public authorities’ compliance with environmental law,

(ii) the effectiveness of environmental law and of how it is implemented and applied,

(b) to investigate (either on its own initiative or in response to any representations made to it by another person) any matter concerning—

(i) whether a public authority is failing (or has failed) to comply with environmental law,

(ii) the effectiveness of environmental law or of how it is (or has been) implemented or applied,

(c) to take the steps it considers appropriate to secure—

(i) a public authority’s compliance with environmental law,

(ii) improvement in the effectiveness of environmental law or in how it is implemented or applied, and

(d) the additional functions conferred on it by this or any other enactment.

(2) In exercising its functions, Environmental Standards Scotland may, in particular—

(a) carry out, commission or support any research it considers appropriate,

(b) seek any independent and expert advice it considers appropriate,

(c) make recommendations in relation to any matter relevant to its functions,

(d) consider, assess and review data on the quality of the environment in Scotland,

(e) keep under review implementation of any international obligation of the United Kingdom relating to environmental protection,

(f) have regard to developments in, and information on the effectiveness of, international environmental protection legislation,

(g) collaborate with any other environmental governance body in the United Kingdom, including the Office for Environmental Protection, or such other persons as Environmental Standards Scotland considers appropriate,

(h) request information from public authorities about the exercise of their functions under environmental law.

(3) In exercising its functions, Environmental Standards Scotland must act objectively, impartially, proportionately and transparently.