delete The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (Consequential Provisions and Modifications) Order 2021
This Order makes consequential provisions for Environmental Standards Scotland (ESS), a body established by the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021. It clarifies that ESS counts as an office-holder in the Scottish Administration for enactment purposes, and adds ESS to Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying its members from Commons membership).
Perpetuates post-Brexit regulatory inertia by creating a bureaucratic successor to EU environmental oversight mechanisms. Environmental Standards Scotland will impose additional compliance costs on Scottish businesses without evidence the benefits exceed alternatives like market-based incentives or reduced duplication with existing regulators. The disqualification from Commons membership suggests insulation from democratic accountability. This Order merely modifies other Acts to accommodate a body whose net contribution to environmental outcomes is uncertain while its regulatory burden on enterprise is concrete.