Consolidation: Nature Conservation

Commissioner
Roisin Higgins KC

Team Members
Graham McGlashan, Project Manager
Catherine Marney, Legal Assistant

Consolidation is the re-enactment, in one Act, of all the provisions on one topic of the law scattered throughout various pieces of legislation. This does not alter the law but makes it easier to find and use. Consolidation is a vital element of law reform and is a regular part of our work (sometimes undertaken jointly with the Law Commission for England and Wales).

Our project to consolidate the law relating to nature conservation in Scotland was announced in our Eleventh Programme of Law Reform, following responses received as part of our consultation exercise for new projects. 

The law relating to nature conservation is complex and spread across different parts of the statute book.  Important legislation includes the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats etc.) Regulations 1994, the Protection of Badgers Act 1992, the Wild Mammals (Protection) Act 1996, and the Nature Conservation (Scotland) Act 2004. The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 may also require inclusion. 

Both the 1981 Act and the 1994 Regulations have different versions applicable to England and Wales, and Scotland respectively. Both have been amended on numerous occasions. This has made them very difficult to use even for experts in the area. The kaleidoscope of scattered laws in this area poses an unnecessary barrier to a clear understanding of legal responsibility for Scotland’s natural world, for both the public and regulators. A consequence is that these laws are less likely to achieve their valuable objectives. 

In the project we will single out key items of legislation in this area which are in force, and bring them together to form a coherent and systematic body of legislation.

This is expected to be a large, medium to long term project which will be carried into our next Programme of law reform (expected to start in 2028).

Work on the project began in early 2026 with the appointment of the lead Commissioner, Roisin Higgins KC.

We are currently carrying out an initial scoping exercise to identify the key items of legislation relating to nature conservation that will form part of the consolidation exercise.  We then intend to engage with relevant stakeholders throughout the project as a draft consolidation Bill is developed. 

In due course, we will undertake a public consultation on a draft Bill.  At the end of the project, there will be a final Report with recommendations for reform and a finalised draft consolidation Bill, which will be submitted to Scottish Ministers for their consideration.  We will update this page as work on the project progresses.

For further information and any enquiries about the project, please contact Graham McGlashan at info@scotlawcom.gov.uk.