Current status: Answered by Gillian Martin on 25 March 2026
To ask the Scottish Government whether it will provide an update on its review of the effectiveness of section 40 of the Regulatory Reform (Scotland) Act 2014; what data it holds on the number of successful prosecutions under this section for "significant environmental harm" since its inception, and how it plans to address reported concerns from stakeholders that section 40 lacks the "apex" deterrent effect required to prevent mass environmental destruction.
The Scottish Government has not committed to a formal review of the offence at section 40 of the Regulatory Reform (Scotland) Act 2014. The information that we hold shows that there have been no successful prosecutions under the section 40 offence of causing significant environmental harm. There are many possible explanations for this lack of prosecutions, including regulatory agencies and prosecutors using other, more specific offences in response to environmental crimes.