Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Climate Change (Scotland) Act 2009

Type Act of the Scottish Parliament

Publication 2009-08-04

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Emissions reduction targets

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Subordinate legislation: pre-laying procedure

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The interim target

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Annual targets

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Setting annual targets

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Advice before setting annual targets

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Modifying annual targets etc.

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Advice before modifying annual targets etc.

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The domestic effort target

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Advice on progress

Progress towards targets

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(1) The Scottish Ministers must in each year... request the relevant body to prepare a report setting out that body's views on—

(a) progress towards achievement of future emissions reduction targets,—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) whether the future emissions reduction targets are likely to be achieved;

(d) any draft climate change plan laid before the Scottish Parliament under section 35A(1)(a) within the period of 12 months immediately preceding the making of the request.

(2) No later than the end of the second year following each target year, the Scottish Ministers must request the relevant body to prepare a report setting out that body's views on—

(a) whether the emissions reduction target for the target year was met;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the action taken by the Scottish Ministers to reduce net Scottish emissions of greenhouse gases during the period of the Scottish carbon budget for the period ending with the target year.

(3) The Scottish Ministers must lay a response to the relevant body's report under this section before the Scottish Parliament as soon as reasonably practicable after they receive that body's report.

Greenhouse gases

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(1) In this Act, a “greenhouse gas” means—

(a) carbon dioxide;

(b) methane;

(d) hydrofluorocarbons;

(e) perfluorocarbons;

(f) sulphur hexafluoride.

(g) nitrogen trifluoride.

(2) The Scottish Ministers may, if they consider it appropriate to do so, by order, modify subsection (1) so as to—

(a) add a gas;

(b) modify the description of a gas.

(3) The power in subsection (2)(a) may be exercised only if it appears to the Scottish Ministers that an agreement or arrangement at European or international level recognises that the gas to be added contributes to climate change.

(4) The Scottish Ministers must, before laying a draft of a statutory instrument containing an order under subsection (2) before the Scottish Parliament, request advice from the relevant body.

(5) If the order makes provision different from that recommended by the relevant body, the Scottish Ministers must publish a statement setting out the reasons why.

(6) A statement under subsection (5) may be published in such manner as the Scottish Ministers consider appropriate.

Baseline

The baseline

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(1) In this Act, the “baseline” means the aggregate amount of—

(a) net Scottish emissions of carbon dioxide for 1990; and

(b) net Scottish emissions of each of the greenhouse gases other than carbon dioxide for the year that is the baseline year for that gas.

(2) The baseline years for greenhouse gases other than carbon dioxide are—

(a) for methane, 1990;

(b) for nitrous oxide, 1990;

(d) for perfluorocarbons, 1995;

(e) for sulphur hexafluoride, 1995.

(f) for nitrogen trifluoride, 1995.

Baselines for additional greenhouses gases

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(1) This section applies where the Scottish Ministers have made an order under section 10(2)(a) adding a greenhouse gas.

(2) In this section, such a gas is referred to as an “additional greenhouse gas”.

(3) The Scottish Ministers may, by order, make provision as to the manner of determining, in the case of an additional greenhouse gas, the amount of net Scottish emissions for the baseline year.

(4) An order under subsection (3) may in particular—

(a) designate a year as the baseline year for the additional greenhouse gas;

(b) provide for the amount of net Scottish emissions of the gas for that year to be treated for the purposes of this Act as the amount of net Scottish emissions of that gas for that baseline year.

Supplementary

The net Scottish emissions account

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(1) The net Scottish emissions account means the aggregate amount of net Scottish emissions of greenhouse gases—

(a) reduced by the amount of carbon units credited to the net Scottish emissions account for the period in accordance with regulations under subsection (5);

(b) increased by the amount of carbon units that, in accordance with such regulations, are to be debited from the net Scottish emissions account for the period.

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(5) The Scottish Ministers may, by regulations, make provision about—

(a) the circumstances in which carbon units may or may not be credited to the net Scottish emissions account for a period;

(b) the circumstances in which such units may or may not be debited from that account for a period;

(5A) But the amount of carbon units purchased by the Scottish Ministers that may, by virtue of regulations under subsection (5), be credited to the net Scottish emissions account for a period is zero, unless regulations under section 13A specify a higher limit in relation to that period.

(6) The regulations must contain provision for ensuring that carbon units that are credited to the net Scottish emissions account for a period cease to be available to offset other greenhouse gas emissions.

Restriction on use in 2010–2017 of carbon units purchased by Scottish Ministers

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Attribution of emissions to Scotland

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For the purposes of section 17(1), emissions of a greenhouse gas are attributable to Scotland if—

(a) they are emitted from sources in Scotland;

(b) they are attributed to Scotland by virtue of an order under section 16(1).

Scottish share of emissions from international aviation and international shipping

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(1) The Scottish Ministers may, by order, make provision regarding the emissions of greenhouse gases from international aviation and international shipping that are attributable to Scotland.

(2) An order under subsection (1)—

(a) must make provision for emissions from international aviation and international shipping of—

(i) in the case of the first order under that subsection, each greenhouse gas; and

(ii) in the case of any subsequent order under subsection (1), any gas added to the list of greenhouse gases in section 10(1) since the last such order was made,

to be taken into account as Scottish emissions of each such gas in the period starting with the 1 January following the order being approved by the Scottish Parliament and ending on 31 December 2050;

(b) may make provision as to any past period in which emissions of a greenhouse gas are to be taken into account as Scottish emissions of that gas;

(c) may not, once emissions from international aviation and international shipping of a greenhouse gas are, by virtue of a previous order under subsection (1), being taken into account as Scottish emissions of that gas, provide for such emissions to cease to be taken into account as Scottish emissions of that gas;

(d) must, subject to subsection (3), make provision as to the manner in which emissions from international aviation and international shipping of each greenhouse gas are to be taken into account in determining Scottish emissions of that gas—

(i) for the year that is the baseline year for that gas; and

(ii) in the period during which such emissions of that gas are to be taken into account as Scottish emissions of that gas.

(3) Provision made by virtue of subsection (2)(d) must include the use, for each greenhouse gas, of a multiplier which reflects the direct and indirect non-carbon dioxide climate change impacts of emissions at altitude from international aviation.

(4) A draft of a statutory instrument containing the first order under subsection (1) must be laid before the Scottish Parliament no later than 1 June 2010.

(5) If a draft of the first order is not laid by the date mentioned in subsection (4), the Scottish Ministers must lay the draft as soon as reasonably practicable afterwards.

(6) The Scottish Ministers must, before laying a draft of a statutory instrument containing an order under subsection (1) before the Scottish Parliament, request advice from the relevant body (including advice as to an appropriate multiplier for each greenhouse gas for the purposes of subsection (3)).

(7) If the order makes provision different from that recommended by the relevant body, the Scottish Ministers must publish a statement setting out the reasons why.

(8) A statement under subsection (7) may be published in such manner as the Scottish Ministers consider appropriate.

Scottish emissions and removals

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(1) In this Act—

“emissions”, in relation to a greenhouse gas, means emissions of that gas into the atmosphere that are attributable to human activity;

“Scottish emissions”, in relation to a greenhouse gas, means emissions of that gas which are attributable to Scotland;

“Scottish removals”, in relation to a greenhouse gas, means removals of that gas from the atmosphere due to land use, land-use change or forestry activities in Scotland;

“the net Scottish emissions” for a period, in relation to a greenhouse gas, means the amount of Scottish emissions of that gas for the period reduced by the amount of Scottish removals of that gas for the period.

(2) The Scottish Ministers may, if they consider it appropriate to do so, by order, modify the definition of Scottish removals in subsection (1).

(3) The amount of Scottish emissions and Scottish removals of a greenhouse gas for a period must be determined, in so far as reasonably practicable, consistently with current international carbon reporting practice or, for the purposes of assessing and reporting in accordance with sections 33 and 34A, target-relevant international carbon reporting practice.

Measurement of emissions etc.

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(1) For the purposes of this Act, greenhouse gas emissions, reductions of such emissions and removals of greenhouse gases from the atmosphere are measured or calculated in tonnes of carbon dioxide equivalent.

(2) A “tonne of carbon dioxide equivalent” means one metric tonne of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential (determined, in so far as reasonably practicable, consistently with current international carbon reporting practice or, for the purposes of assessing and reporting in accordance with sections 33 and 34A, target-relevant international carbon reporting practice).

International carbon reporting practice

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(1) In this Act, “international carbon reporting practice” means accepted practice in relation to reporting for the purposes of—

(a) the protocols to the United Nations Framework Convention on Climate Change;

(b) such other agreements or arrangements at European or international level as the Scottish Ministers may, by order, specify.

(2) The following definitions also apply for the purposes of this Act—

“current international carbon reporting practice” means the most up-to-date international carbon reporting practice,

“target-relevant international carbon reporting practice” means a practice which produces results which are consistent with those which would have been produced by using the international carbon reporting practice which was current at the later of—30 June 2018, orthe date on which Scottish Ministers last received advice from the relevant body following a request under section 2C.

Carbon units and carbon accounting

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(1) The Scottish Ministers may, by regulations, make provision for a scheme—

(a) for registering or otherwise keeping track of carbon units;

(b) for establishing and maintaining accounts in which carbon units may be held, and between which they may be transferred, by the Scottish Ministers.

(2) Regulations under subsection (1) may, in particular, provide for an existing scheme to be adapted for these purposes.

(3) The regulations may also include provision—

(a) designating a person or body to administer the scheme;

(b) establishing a person or body for that purpose and making such provision in relation to the appointment of members, staffing, expenditure, procedure and otherwise of the person or body as the Scottish Ministers consider appropriate;

(c) conferring power on the Scottish Ministers to give guidance or directions to the person or body administering the scheme;

(d) conferring power on the Scottish Ministers to delegate the performance of any of the functions conferred on them by the regulations;

(e) requiring the payment by persons using the scheme of such charges as are reasonably required to cover the reasonable costs incurred in operating the scheme.

(4) In this Act, a “carbon unit” means a unit of a kind specified in regulations made under subsection (1) and which represents—

(a) a reduction in an amount of greenhouse gas emissions;

(b) the removal of an amount of greenhouse gas from the atmosphere;

Limits on use of carbon units

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Modifying limits on use of carbon units etc.

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Advice before setting or modifying limits on use of carbon units etc.

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Part 2 — Advisory functions

Advisory body

Meaning of advisory body

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(1) The Scottish Ministers may, by order, designate—

(a) a body established under section 25(1); or

(b) such other public body as they consider appropriate,

to exercise the functions mentioned in subsection (3) (the “advisory functions”).

(2) In this Act, the body designated by virtue of subsection (1) is the “advisory body”.

(3) The advisory functions are—

(a) the function of providing advice, analysis, information and other assistance to the Scottish Ministers in respect of Ministers' duty under section A3 and functions under sections 2C, 2D, 9 and 10(4);

(b) the functions conferred on the advisory body by sections 30 to 32 and 56; and

(c) such other functions relating to advice on climate change as the Scottish Ministers may confer by an order under subsection (1).

(4) An order under subsection (1) may in particular provide—

(a) for the conferral of functions on the advisory body relating to advice on climate change;

(b) for the information that advice must contain;

(d) for the period within which the body must give that advice;

(e) as to whom that advice is to be given;

(f) for the form and manner in which that advice is to be published and laid before the Scottish Parliament.

(5) In subsection (1)(b) , a “public body” means a person or body with functions of a public nature.

Scottish Committee on Climate Change

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(1) The Scottish Ministers may, by order, establish a body for the purpose of exercising the advisory functions.

(2) The body established by virtue of subsection (1) is to be known as the Scottish Committee on Climate Change (the “Committee”).

(3) Schedule 1 makes further provision about the Committee.

(4) An order under subsection (1) may in particular provide—

(a) for the conferral of functions on the Committee relating to advice on climate change;

(b) in relation to the status, constitution and proceedings of the Committee as the Scottish Ministers consider appropriate;

(d) for the factors to which the Committee is to have regard in giving that advice;

(e) for the period within which the Committee must give that advice;

(f) as to whom that advice is to be given;

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