---
title: "Award of RESAS-013-2020 - The Provision of Legal Services for Environmental Standards Scotland Lo..."
ocid: "ocds-r6ebe6-0000638063"
canonical_url: "https://d3tenders.com/contract/?ocid=ocds-r6ebe6-0000638063"
markdown_url: "https://d3tenders.com/contract/ocds-r6ebe6-0000638063.md"
json_url: "https://d3tenders.com/contract/ocds-r6ebe6-0000638063.json"
source: "Public Contracts Scotland"
current_stage: "Award"
buyer: "SCOTTISH GOVERNMENT"
published: "2020-12-18"
---

# Award of RESAS-013-2020 - The Provision of Legal Services for Environmental Standards Scotland Lo...

Buyer: SCOTTISH GOVERNMENT  
Current stage: Award  
OCID: ocds-r6ebe6-0000638063

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## Summary

The procurement process concerns the Scottish Government's tender titled "Award of RESAS-013-2020 - The Provision of Legal Services for Environmental Standards Scotland". This contract falls under the services category, specifically legal services, and is set in Scotland, primarily Edinburgh. The procurement stage is at the award phase, with the contract signed on 16 December 2020. The services required will be active during a shadow operation period from 1 January 2021 to 1 July 2021, which corresponds with the establishment of the new public body, Environmental Standards Scotland (ESS).

This tender presents significant opportunities for firms specialising in legal services, particularly those with expertise in environmental law and governance. Businesses that are well-suited to compete include law firms with experience advising public bodies, as well as those familiar with compliance and regulatory frameworks pertaining to environmental standards. The contract's alignment with the creation of a new regulatory body reflects a growing demand for legal services tailored to environmental issues in Scotland, providing a pathway for firms to engage in impactful public sector work.

## Notice

Background5. Environmental Standards Scotland (ESS) will be a new, independent public body established to help Scotland uphold high environmental standards. It is being created in direct response to EU Exit. At the end of the current transition period, the European Commission will no longer have a role in scrutinising the performance of the Scottish Government and regulators in complying with environmental law. Environmental Standards Scotland will fill this governance gap and ensure our high standards of environmental governance are maintained. It will be responsible for making sure that public authorities in Scotland correctly apply environmental law, and that environmental law in Scotland is effective in protecting nature and our wellbeing.6. Provisions to establish ESS are contained within the UK Withdrawal from the European Union (Continuity) (Scotland) Bill ("the Continuity Bill"). This Bill was introduced to the Scottish Parliament on 18 June 2020.7. ESS will be set up as a Non Ministerial Organisation within the Scottish Administration, and will be accountable to the Scottish Parliament for the effective performance of its functions. ESS is expected to become a statutory non-ministerial organisation, with statutory functions and powers, after the commencement of provisions in the Continuity Bill, following a period of non-statutory (or "shadow") operation, from the start of January 2021.8. The Supplier is required to provide legal advice to ESS during its period of shadow operation (i.e. 1 January 2021 to 1 July 2021). The Contract may be extended as per paragraph 33.9. During the period of shadow operation, ESS will develop an interim strategy, in consultation with stakeholders, to guide its investigation and enforcement processes. The interim strategy is required to be in place before ESS can become statutorily-vested.10. The interim strategy (to be developed over the coming months) will outline further the types of investigations which are expected to fall within the scope of ESS' functions and the criteria for assessing significance of environmental concerns. A sample list (non-exhaustive) of the types of concerns which would fall within the scope of ESS' functions is provided below for information;-A regulator allowing unregulated abstraction of water;-Breach of air quality rules by waste incinerators;-Failure to consult on plans or sites;-Approval of too much development within one area (Where such approval would lead to serious environmental damage); and-A local authority failing to comply with their duties regarding air quality.11. The following types of concerns/complaints will not fall within ESS' scope;-Planning - live planning cases;-Policy issues;-Cases already subject to existing appeals processes;-Criminal offences; and-Issues which fall within the remit of the Ombudsman or an existing complaints procedure.12. ESS' role will involve monitoring information about the quality of the environment in Scotland and the effectiveness of environmental law, including information brought forward by citizens and interested groups. Individuals and organisations will be able to submit information to ESS from the 1st January 2021 (i.e. at the commencement of the shadow period).13. The ESS Board will select a small number of cases for detailed investigation, prioritising cases where there is the greatest risk to the environment. In performing its functions, ESS is not subject to the direction or control of any member of the Scottish Government. ESS will not have the power to review individual regulatory decisions.14. Where necessary, ESS will work with public authorities to seek to agree changes in practice to reflect environmental law, or develop advice on recommended changes to the law to improve its effectiveness.15. Once established on a statutory basis, the organisation will gain the powers to require information, to issue compliance notices if regulatory practice is out of line with environmental law, and to submit improvement reports to the Scottish Parliament containing recommendations on the effectiveness of environmental law and its implementation. ESS will also have the power to apply for judicial review or intervene in civil proceedings, in certain circumstances (as set out in the Bill).

## Key Details

| Field | Value |
| --- | --- |
| Publication source | Public Contracts Scotland |
| Latest notice | https://www.publiccontractsscotland.gov.uk/search/show/search_view.aspx?ID=DEC402517 |
| Notice type | PCS Notice - Quick Quote Award |
| Procurement type | Standard |
| Procurement category | Services |
| Procurement method | Not Specified |
| Procurement method details | Not specified |
| Tender suitability | Not specified |
| Awardee scale | Not specified |
| All stages | Award |

## Dates

| Field | Value |
| --- | --- |
| Publication date | 18 Dec 2020 |
| Submission deadline | 7 Jan 2021 |
| Future notice date | Not specified |
| Award date | 18 Dec 2020 |
| Contract period | Not specified |
| Recurrence | Not specified |

## Values

| Field | Value |
| --- | --- |
| Tender value | Not specified |
| Lots value | Not specified |
| Awards value | Not specified |
| Contracts value | Not specified |

## Status

| Field | Value |
| --- | --- |
| Tender status | Not specified |
| Lots status | Not specified |
| Awards status | Not specified |
| Contracts status | Active |

## Buyer

| Field | Value |
| --- | --- |
| Main buyer | SCOTTISH GOVERNMENT |
| Additional buyers | EAST DUNBARTONSHIRE COUNCIL; EAST RENFREWSHIRE COUNCIL; FORESTRY AND LAND SCOTLAND; MORAY COUNCIL; NHS LANARKSHIRE; PERTH & KINROSS COUNCIL; SCOTTISH FIRE AND RESCUE SERVICE |
| Locality | EDINBURGH |
| Post town | Glasgow |
| Postcode | Not specified |
| Country | Scotland |
| ITL 1 | TLM Scotland |
| ITL 2 | TLM3 West Central Scotland |
| ITL 3 | TLM33 Inverclyde, East Renfrewshire, and Renfrewshire |
| Local authority | East Renfrewshire |
| Electoral ward | Giffnock and Thornliebank |
| Westminster constituency | East Renfrewshire |
| Delivery location | Not specified |

## Supplier

| Field | Value |
| --- | --- |
| Number of suppliers | 16 |
| Supplier names | A.C.T HERITAGE; CHANGEWORKS; CHAS STEWART PLUMBING & HEATING ENGINEERS; GLADE DEER MANAGEMENT; HAMILTONS ENVIRONMENTAL; HARPER MACLEOD; LEVENSEAT; MELDRUM CONSTRUCTION (PERTH; MLL TELECOM; ORLO; PHILIPS ELECTRONICS; PINACL SOLUTIONS; R GROOM TREE SERVICES; SWARCO TRAFFIC; SYSTRA; VENESKY BROWN |

## CPV Codes

### Divisions

- 79 - Business services: law, marketing, consulting, recruitment, printing and security

### Codes

- 79100000 - Legal services

## Release History

- 18 Dec 2020 at 11:55 - Award - PCS Notice - Quick Quote Award - https://www.publiccontractsscotland.gov.uk/search/show/search_view.aspx?ID=DEC402517

## Notice URLs

- http://firescotland.gov.uk
- http://www.eastdunbarton.gov.uk
- http://www.eastrenfrewshire.gov.uk
- http://www.moray.gov.uk
- http://www.nhslanarkshire.org.uk
- http://www.pkc.gov.uk
- http://www.scotland.gov.uk

## Provenance

This Markdown file is an alternate public rendering of the D3 Tenders contract record. The canonical page is https://d3tenders.com/contract/?ocid=ocds-r6ebe6-0000638063. The underlying structured data is available as OCDS JSON at https://d3tenders.com/contract/ocds-r6ebe6-0000638063.json.