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There is no statutory timescale for Scottish Ministers to determine a request for confirmation of byelaws made under section 12 of the Land Reform (Scotland) Act 2003. Timescales to deliver the determination will be dependent on the complexity of the issues raised, representations received during the consultation period and any local inquiry that may be considered necessary.

The process for Scottish Ministers to consider requests for the confirmation of byelaws made under section 12 of the Land Reform (Scotland) Act 2003 (“the 2003 Act”) is specified in section 12 of the 2003 Act and also sections 202 to 204 of the Local Government (Scotland) Act 1973.

There is no statutory requirement for either Scottish Borders Council to publish the request for confirmation of byelaws or for Scottish Ministers to publish the decision made.

However, section 202(11) of the Local Government (Scotland) Act 1973 requires the local authority to, as soon as practicable after receiving intimation of the confirmation of the byelaws by the confirming authority, publish a notice in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances. This notice will confirm the date on which the byelaws are to come into operation and provide details of where a copy of the byelaws as confirmed may be inspected.

As required by section 202(8) of the Local Government (Scotland) Act 1973, Scottish Ministers will consider all representations made with respect to any proposed byelaws and may if it is considered necessary or desirable require a local inquiry to be held to assist with the decision making process.

The overall reduction to Scottish Water’s 2026-27 allocation does not reflect a reduction in spending, but an increase in interest to be received by Scottish Government on voted loans issued to Scottish Water. Voted Loans remain consistent with 2025-26 levels at £170m. The Hydro Nation allocation has reduced from 2025-26 levels in line with contractual commitments.

In comparison to the 2025-26 ABR position, the Scottish Environment Protection Agency’s (SEPA) allocation has reduced 1.8%. However, the ABR comparator includes in-year transfers predominantly for delivery of River Basin Management Plans and Marine funding which are expected to be repeated in 2026-27. Compared to the 2025-26 Budget Bill, SEPA’s funding has actually increased by £1.9m, to enable SEPA to deliver its statutory responsibilities.

SEPA will also receive in-year funding (in line with recent years) that will support, for example, the Water Environment Fund. ‘Core’ funding for SEPA has therefore increased with project funding to be confirmed in-year, in line with standard practice.

SEPA funds 57% of its operating costs from charging schemes, applying the principle of 'polluter pays'. SEPA’s income forecast increases by 5% in 2026-27, reducing demand for public funding.

The criteria for the making of byelaws which Scottish Ministers must consider when determining whether they should be confirmed are set out in section 12(1) of the Land Reform (Scotland) Act 2003 (2003 Act). This specifies that byelaws can be made to provide for:

1.The preservation of public order and safety

2.The prevention of damage

3.The prevention of nuisance or danger

4.The conservation or enhancement of natural or cultural heritage

There is no specific guidance which Ministers follow in determining whether to confirm proposed byelaws. However, as part of the evaluation, consideration will be given to the guidance contained in Part 1 Land Reform (Scotland) Act 2003 Guidance for Local Authorities and National Park Authorities as it relates to making byelaws under section 12 of the 2003 Act.

Ports in Scotland are independent statutory bodies – each governed by their own local legislation – and are deemed commercial entities. The relevant port authority is thus responsible for day-to-day commercial decision-making including investments and areas of priority spend and this is not the remit of the Scottish Government. Several Scottish ports have already introduced shore power facilities, including at Port of Aberdeen, Eyemouth, Forth Ports, Fraserburgh and Montrose. Caledonian Maritime Assets Ltd (CMAL) are also installing shore power facilities at a number of ports on the lifeline ferry network, including Port Askaig and Kennacraig.

The Scottish Government publishes a ‘Major Capital Projects Progress Update’ every six months, the latest of which was published on 17 October 2025. The information asked for in the question is included within this report which can be found by way of the following web link: www.gov.scot/major-capital-projects-progress-update-august-2025

An accompanying update on the progress of ‘Major Capital Projects’ is also provided to the Convener of the Public Audit Committee at the same time and this can be found by way of the following Scottish Parliamentary web link: www.parliament.scot/public-audit-committee//major-capital-projects-update-october-2025

On 13 January 2026, we published a new Infrastructure Delivery Pipeline for the next four financial years which contains projects over £5 million and programmes over £20 million. This was accompanied by a spreadsheet which set out detail on expected costs and timescales. We will report on the progress of delivering the projects and programmes set out in the Delivery Pipeline every six months. The Infrastructure Delivery Pipeline can be found by way of the following web link: www.gov.scot/infrastructure-delivery-pipeline-2026

The UK Emissions Trading Scheme (ETS) will expand into domestic maritime emissions for vessels of 5000 gross tonnage and above under the provisions of the Greenhouse Gas Emissions Trading Scheme (Amendment) (Extension to Maritime Activities) Order 2026 currently being scrutinised by Parliament. The instrument does not extend the scheme to emissions for international maritime voyages, and UK ETS policy on this topic is currently under consideration after a recent ETS Authority consultation published in November 2025.

The ETS Authority, the governing body for the scheme comprising of the UK, Scottish and Welsh Governments and the Northern Ireland Executive, conducted an Impact Assessment to support scrutiny of this policy as part of the laying of the instrument. The Scottish Government also conducted an Islands Community Impact assessment and a Business and Regulatory Impact Assessment to support this legislation.

All receipts from the UK ETS across all four nations accrue to the consolidated fund, and contribute toward funding government priorities, such as the net zero transition, where UK Government spending flows through Barnett consequentials.

In Scotland we are already advancing several programmes of work on maritime decarbonisation, including our Vision for Sustainable Aquaculture and work on blue carbon outlined in our draft Climate Change Plan 2026-2040. We are also engaging with Caledonian Maritime Assets Limited (CMAL) on increasing the proportion of our ferries which are low emission to 48% by 2040, as well as increasing the ability of our ferries to utilise low-carbon renewable grid electricity for their energy requirements.