Underpinning all of the concerning legislations is the framework of devolution set out in the Scotland Act 1998 (and subsequent amendments in 2012 and 2016). The Scotland Act is essentially Scotland’s constitutional settlement, defining which powers are devolved to the Scottish Parliament and Government, and which are reserved to the UK Parliament. Understanding this division is key to knowing who is responsible for what in coastal and marine governance. 

The Scotland Act 1998 acts as the Scottish Constitution which devolved most environmental regulation and planning matters to Scotland. This means the Scottish Parliament has the authority to make laws on land use planning, water quality, pollution control, natural heritage, and fisheries (within certain limits), among others. Accordingly, Holyrood was able to pass the Marine (Scotland) Act 2010, the Planning (Scotland) Acts, and Scotland-specific environmental regulations.

Some issues that have a UK or international impact remain the responsibility of the UK Parliament alone. These are known as reserved matters. They are set out in the Schedule 5 of the Scotland Act 1998. They include consumer protection policy, data protection, defence and national security, energy (most aspects). 

The devolution of powers in the UK devises the mechanism of coordination. The Scottish and UK Governments often must work together on marine and other matters, and there are concordats and memoranda to guide this. For example NE Scotland’s bathing beaches are monitored by SEPA under devolved law, but the overall target of maintaining water quality stems from a UK commitment to meet (previously EU) standards.

National Planning Framework 4 (NPF4) is our national spatial strategy for Scotland. It sets out our spatial principles, regional priorities, national developments and national planning policy. It should be read as a whole and replaces NPF3 and Scottish Planning Policy.