After removal at Stage 2, Part 2 of the draft Natural Environment (Scotland) Bill has not returned at Stage 3

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CIEEM is pleased that Part 2 of the original draft Natural Environment (Scotland) Bill has not been reintroduced to the bill via amendments at Stage 3 following its removal at Stage 2.

As part of Scottish Environment LINK, CIEEM has engaged MSPs to highlight the critical risks to environmental protection that Part 2 posed. As originally drafted, ministers would have been given broad powers to change or remove key protections under the Environmental Impact Assessment and Habitats Regulations, with limited oversight from the Scottish Parliament. You can find details of our arguments in previous articles available here.

At Stage 2, the Rural Affairs and Islands Committee supported amendments from Mark Ruskell MSP which effectively removed Part 2 from the bill. The possibility that it could be reintroduced remained until yesterday (20th January 2026), when the submission period for Stage 3 amendments ended and it was apparent that a version of Part 2 was not among them.

Final amendments will be debated on Tuesday the 27th of January (you can find daily lists of amendments here; these will be marshalled into a single list ahead of the debate).

CIEEM are supportive of Mark Ruskell MSP’s amendment to require guidance on the interpretation and implementation of the Habitats Regulations (31, Daily list of amendments for 16 January 2026). From the outset we have been of the view that the flexibility sought by Part 2 was already available through existing regulations, but that guidance on how to effectively use them, including Regulation 9D, is required.

Past coverage of the Natural Environment (Scotland) Bill: