[2] It was formed in October 2021 to scrutinise, investigate and secure improvements in the effectivesness of, and compliance with, environmental law.

Its remit effectively replaces the scrutiny and enforcement role over Scotland's environmental law that was previously undertaken by the European Union prior to Brexit.

If a body does not implement the actions in a compliance notice then ESS can apply to the courts to seek enforcement.

If a case is considered "serious" the office has the power to apply to the courts for a judicial review.

[5] The Office for Environmental Protection is the equivalent body for England and Northern Ireland, and also has jurisdiction across the UK (including Scotland) in respect of reserved matters.