Climate Change (Scotland) Act 2009

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;

• (c) any further effort which may be necessary to achieve the future emissions reduction targets.

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the ways in which those targets were or were not met;

• (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

Greenhouse gases

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

• (a) carbon dioxide;

• (b) methane;

• (c) nitrous oxide;

• (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;

• (c) for hydrofluorocarbons, 1995;

• (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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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;

• (c) the manner in which this is to be done.

• (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;

• (c) an amount of greenhouse gas emissions allowed under a scheme or arrangement imposing a limit on such emissions.

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;

• (c) for the factors to which the body is to have regard in giving that advice;

• (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

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;

• (c) for the information that the Committee's advice must contain;

• (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;

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

Application of sections 27 to 32 and 56

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• (1) Sections 30 to 32 and 56 have effect only from—

• (a) the day when an order made by the Scottish Ministers under section 24(1) comes into force; or

• (b) such later day or days as the Scottish Ministers may specify in an order under that section.

• (2) When an order under section 24(1)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) bringing section 56 into effect comes into force, subsection (4) of section 55 ceases to have effect.

Advice on annual targets etc.

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Reporting on progress towards targets

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Scottish Ministers' response to reports on progress

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Duty of advisory body to provide advice or other assistance

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When requested to do so by the Scottish Ministers, the advisory body must provide advice, analysis, information or assistance as regards—

• (a) the exercise of the Scottish Ministers' functions under this Act;

• (b) the exercise of Ministers' functions in relation to climate change other than under this Act;

• (c) other matters relating to climate change.

Guidance to advisory body

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• (1) The advisory body must have regard to any guidance given by the Scottish Ministers to it in relation to the exercise of its functions under this Act.

• (2) The Scottish Ministers may not give the advisory body guidance as to the content of any advice or report.

• (3) The power to give guidance under subsection (1) includes power to vary or revoke the guidance.

Power to give directions to advisory body

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• (1) The Scottish Ministers may, if they consider it appropriate to do so, give the advisory body directions as to the exercise of its functions under this Act.

• (2) The Scottish Ministers may not direct the advisory body as to the content of any advice or report.

• (3) The power to give directions under subsection (1) includes power to vary or revoke the directions.

• (4) The advisory body must comply with any directions given under subsection (1).

Part 3 — Reporting and planning duties

Reports on annual targets

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• (1) The Scottish Ministers must, following each period covered by a Scottish carbon budget, lay before the Scottish Parliament a report in relation to that period.

• (2) The report must state—

• (a) the Scottish carbon budget for the period,

• (b) whether the Scottish carbon budget target arising from that budget has been met,

• (c) the percentage by which the net Scottish emissions account for the period is lower than the baseline multiplied by the number of years comprising the period,

• (d) the difference between—

• (i) the net Scottish emissions account for the period, and

• (ii) the Scottish carbon budget for the period.

• (2ZA) The report must also set out details of any assessments, carried out during the period to which the report relates, in accordance with the proposals and policies set out in a climate change plan for assessing the impact of major capital projects on meeting Scottish carbon budget targets.

• (2A) The report relating to the period ending with the net-zero emissions target year must also state—

• (a) the net-zero emissions target,

• (b) whether that target has been met,

• (c) the percentage by which the net Scottish emissions account for the net-zero emissions target year is lower than the baseline,

• (d) the amount by which the net Scottish emissions account for the net-zero emissions target year is lower or higher than the net-zero emissions target.

• (3) The Scottish Ministers must—

• (a) use target-relevant international carbon reporting practice for the purposes of assessing and reporting on the matters mentioned in subsections (2) and (2A) and, in doing so, determine each figure and amount in a manner as would be consistent with the most up-to-date advice provided by the relevant body on the methods to be used for that purpose, and

• (b) specify in the report the methods used to determine each figure and amount in accordance with paragraph (a).

• (4) The report under this section must be laid before the Parliament as soon as reasonably practicable after the information to be contained in the report becomes available.

Reports on annual targets: content

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• (1) A report under section 33 must, in addition to the matters required under that section, state—

• (a) in relation to net Scottish emissions of greenhouse gases—

• (i) the baseline,

• (ii) the aggregate amount of net Scottish emissions of greenhouse gases for each year covered by the report,

• (iii) the percentage by which the aggregate amount of net Scottish emissions of greenhouse gases for each year covered by the report is lower than the baseline,

• (iv) the percentage by which the aggregate amount of net Scottish emissions of greenhouse gases for each year covered by the report is lower or higher than the equivalent amount for the immediately preceding year, and

• (v) the methods used to determine the aggregate amount of net Scottish emissions of greenhouse gases, together with details of any changes to those methods,

• (b) in relation to the net Scottish emissions account—

• (i) its amount for each year covered by the report,

• (ii) the percentage by which the account for each year covered by the report is lower than the baseline,

• (iii) the percentage by which the account for each year covered by the report is lower or higher than the equivalent account for the immediately preceding year, and

• (iv) the percentage of any reduction in the account for each year covered by the report, relative to the equivalent account for the immediately preceding year, which is accounted for by reductions in net Scottish emissions of greenhouse gases,

• (c) the total amount of carbon units that were—

• (i) credited to or debited from the net Scottish emissions account for each year covered by the report,

• (ii) purchased by the Scottish Ministers in each year covered by the report, and

• (iii) held by the Scottish Ministers immediately after the end of the final year covered by the report and which remained available to offset greenhouse gas emissions for other ... years,

• (d) for each year between 2010 and the final year covered by the report—

• (i) the aggregate amount of net Scottish emissions of greenhouse gases, and

• (ii) the amount of the net Scottish emissions account, and

• (e) the fair and safe Scottish emissions budget, and the aggregate amount of net Scottish emissions of greenhouse gases for the period from 2010 to the end of the final year covered by the report.

• (2) The Scottish Ministers must use current international carbon reporting practice for the purposes of assessing and reporting on the matters mentioned in subsection (1).

• (3) If the methods used to determine net Scottish emissions of greenhouse gases change and that change is such as to require adjustment of an amount for a year covered by a previous report under section 33 or 34A, the report must—

• (a) specify the adjustment required and state the adjusted amount, and

• (b) explain why the adjustment is required.

• (4) An adjustment under subsection (3) must, in so far as reasonably practicable, be made in accordance with current international carbon reporting practice.

• (5) The report may contain such other information as the Scottish Ministers consider appropriate.

Reports on proposals and policies for meeting annual targets

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• (1) The Scottish Ministers must lay a climate change plan before the Scottish Parliament—

• (a) in the case of the first plan, before the end of the period of 90 days, of which no fewer than 45 must be days on which the Parliament is not dissolved or in recess, beginning with the day on which the period described by section 35A(1)(a) ends following the laying of a draft plan in accordance with section 3(1) of the Climate Change (Emissions Reduction Targets) (Scotland) Act 2024,

• (b) in the case of each subsequent plan, before the end of the period of 5 years beginning with the day on which the previous plan was laid.

• (2) The plan must, in particular, set out—

• (a) the Scottish Ministers' proposals and policies for meeting the emissions reduction targets during the plan period,

• (b) those proposals and policies in chapters on—

• (i) each of the sectors mentioned in subsection (3), and

• (ii) such other sectors or topics as the Scottish Ministers consider appropriate for the plan, and

• (c) the timescales over which those proposals and policies are expected to take effect.

• (3) The sectors referred to in subsection (2)(b)(i) are—

• (a) energy supply,

• (b) transport (including international aviation and shipping),

• (c) business and industrial process,

• (d) residential and public (in relation to buildings in those sectors),

• (e) waste management,

• (f) land use, land use change and forestry,

• (g) agriculture.

• (4) In subsection (2), the “plan period” means the period of—

• (a) 15 years beginning with the year after the year in which the draft plan is laid before the Parliament, or

• (b) such other period of between 10 and 20 years beginning with that year as the Scottish Ministers may specify in the plan in order that the period ends in a target year.

• (5) The plan must also set out ... the respective contributions (in measurable terms) towards meeting the emissions reduction targets that should be made by

• (a) each of the sectors mentioned in subsection (3) , and

• (b) each group of associated policies set out in the plan.

• (6) Without prejudice to the generality of subsection (5), the plan must in particular set out the Scottish Ministers' proposals and policies for—

• (a) the establishment of any regional land use partnerships (subject to such partnerships having not already been established), and

• (b) the support to and resourcing of any regional land use partnerships to develop frameworks.

• (7) For the purposes of this section—

• “regional land use partnership” is a partnership established in a strategy under section 57,

• “frameworks” are frameworks created by a regional land use partnership.

• (8) The plan must also set out the Scottish Ministers' proposals and policies regarding the exploitation of fossil fuels including onshore unconventional oil and gas reserves.

• (9) The plan must also set out the Scottish Ministers' proposals and policies regarding the development of district heating for new developments, where feasible.

• (10) The plan must also set out the Scottish Ministers' proposals and policies regarding the public procurement of electric vehicles.

• (11) The plan must also set out the Scottish Ministers' proposals and policies for improved access to electric vehicle charging stations for those living in tenements within the meaning of section 26 of the Tenements (Scotland) Act 2004.

• (12) The plan must also set out the Scottish Ministers' proposals and policies regarding public procurement of ultra-low emission vehicles.

• (13) The plan must also set out the Scottish Ministers' proposals and policies regarding—

• (a) the establishment of a whole farm approach to emissions accounting on Scottish farms,

• (b) the reduction of Scottish whole farm greenhouse gas emissions through the use of—

• (i) research,

• (ii) knowledge transfer and advice,

• (iii) land management accreditation, including organic farming,

• (iv) nutrient resource budgeting,

• (v) circular economy initiatives,

• (vi) energy generation and efficiency,

• (vii) any land use strategy prepared under section 57,

• (viii) agroecology,

• (ix) carbon sequestration,

• (x) agroforestry.

• (14) For the purposes of subsection (13)—

• “agroecology” means a whole farm approach to land and resource management which integrates the production of food with restoration and maintenance of the natural environment and other social benefits, taking into account the wider impact of the farm's activities,

• “whole farm” has the same combined meaning as “agriculture”, “agricultural land” and “agricultural unit” as in section 86 of the Agriculture (Scotland) Act 1948.

• (15) The plan must also set out the Scottish Ministers' proposals and policies regarding the consideration of the potential for the capture and long-term storage of carbon when designating marine protected areas under section 67 of the Marine (Scotland) Act 2010.

• (16) The plan must also set out the Scottish Ministers' proposals and policies regarding the establishment of a fund, to be known as an Agricultural Modernisation Fund, to support investment in mitigation measures to reduce greenhouse gas emissions on Scottish farms.

• (17) Without prejudice to the generality of subsection (2), the plan must set out what (if any) measures the Scottish Ministers propose to take during the plan period to ensure that emissions from housing are reduced such that the majority of housing in Scotland achieves an energy performance certificate rating of “C” or above, where practical.

• (18) The plan must also set out the Scottish Ministers' proposals and policies for taking, or supporting, action to reduce emissions of greenhouse gases (whether in Scotland or elsewhere) which are produced by or otherwise associated with the consumption and use of goods and services in Scotland.

• (19) The plan must also set out the Scottish Ministers' proposals and policies for supporting, including by the sharing of expertise and technology, action in developing countries to reduce emissions of greenhouse gases and adapt to the effects of climate change.

• (20) The plan must also, with reference to the just transition principles (see section 35C)—

• (a) explain how the proposals and policies set out in the plan are expected to affect different sectors of the Scottish economy and different regions in Scotland, including how they are expected to affect employment in those sectors and regions, and

• (b) set out the Scottish Ministers' proposals and policies for supporting the workforce, employers and communities in those sectors and regions.

• (20A) The plan must also set out the Scottish Ministers’ proposals and policies for assessing the impact of major capital projects (as defined in the plan) on meeting Scottish carbon budget targets.

• (21) The plan must also set out an estimate of the costs and benefits associated with the policies set out in the plan , broken down by reference to the period covered by a Scottish carbon budget in which those costs and benefits are expected to arise.

• (22) In preparing a plan under subsection (1), the Scottish Ministers must have regard to—

• (a) the just transition principles (see section 35C), and

• (b) the climate justice principle.

• (23) In subsection (22)(b), the “climate justice principle” is the importance of taking action to reduce global emissions of greenhouse gases and to adapt to the effects of climate change in ways which—

• (a) support the people who are most affected by climate change but who have done the least to cause it and are the least equipped to adapt to its effects, and

• (b) help to address inequality.

• (24) Each plan under this section must explain—

• (a) the extent to which it takes account of the just transition principles,

• (b) how the implementation of the plan is expected to contribute to the achievement of sustainable development, including the achievement of the United Nations sustainable development goals.

• (25) Each plan under this section—

• (a) must contain an assessment of the progress towards implementing proposals and policies set out in the immediately preceding plan, and

• (b) may make such adjustments to those proposals and policies as the Scottish Ministers consider appropriate.

• (26) For the purposes of subsection (25), the “immediately preceding plan” includes the most recent report on proposals and policies for meeting annual targets which was laid by the Scottish Ministers under section 35 of this Act before the date on which section 24 of the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 came into force.

• (27) The Scottish Ministers may by regulations modify subsection (3).

• (28) Any modification made in regulations under subsection (27) must be consistent with international carbon reporting practice.

Reports on proposals and policies where annual targets not met

36

• (1) This section applies if the Scottish Ministers lay a report under section 33 which states that an emissions reduction target has not been met.

• (2) Within the period of 6 months beginning with the day that the report referred to in subsection (1) is laid before the Parliament, the Scottish Ministers must lay a report before the Scottish Parliament setting out proposals and policies to compensate in future years for the excess emissions.

Reports on emissions attributable to Scottish consumption of goods and services

37

• (1) The Scottish Ministers must lay before the Scottish Parliament a report in respect of each year in the period 2010–2050 containing the following information.

• (2) The report must, in so far as reasonably practicable, set out

• (a) the emissions of greenhouse gases (whether in Scotland or elsewhere) which are produced by or otherwise associated with the consumption and use of goods and services in Scotland during that year.

• (b) the goods and services the consumption and use of which contributed most significantly to those emissions.

• (3) The report may also contain such other information as the Scottish Ministers consider appropriate.

• (4) Each report under subsection (1) must be laid before the Scottish Parliament within the period of 15 months beginning on the date on which the previous report under that subsection was so laid.

Reports on impact on emissions of exercise of electricity generation related functions

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Report on progress towards meeting the interim target

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Report on the interim target

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Report on the 2050 target

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports: provision of further information to the Scottish Parliament

42

• (1) Where the Scottish Ministers lay a report mentioned in subsection (2) before the Scottish Parliament, they must—

• (a) immediately send a copy of the report to the persons who convene and chair such committees of the Scottish Parliament as are for the time being appointed by virtue of standing orders; and

• (b) as soon as reasonably practicable after doing so, and in so far as reasonably practicable, make a statement to the Parliament relating to the report.

• (1A) If—

• (a) the year covered by the report is a target year, and

• (b) the emissions reduction target for that year has not been met,

the statement under subsection (1)(b) must explain why.

• (2) Those reports are reports under—

• (a) section 33(1) (report on emissions reduction targets);

• (ab) section 34A(1) (annual report on emissions reduction);

• (aa) section 35B (climate change plan: annual progress reports);

• (b) section 36(2) (report on proposals and policies to compensate for excess emissions);

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where the Scottish Ministers lay a report on emissions reduction targets under section 33 or 34A, they must also, as soon as reasonably practicable after doing so, and in so far as reasonably practicable, attend, if invited, the proceedings of any such committees of the Scottish Parliament as are for the time being appointed by virtue of standing orders, for the purposes of giving evidence on the report.

• (4) The Scottish Ministers must have regard to—

• (a) any resolution passed by the Scottish Parliament;

• (b) any report published by any committee of the Parliament for the time being appointed by virtue of standing orders,

relating to the content of any report referred to in subsection (2).

Further provision about reporting duties

43

• (1) The Scottish Ministers may, if they consider it appropriate to do so, by order, make further provision imposing duties on themselves to report to the Scottish Parliament.

• (2) An order under subsection (1) may in particular—

• (a) provide for the information to be provided under the duties;

• (b) provide for the period in relation to which that information is to be provided;

• (c) provide for the period within which that information is to be provided.

Part 4 — Duties of public bodies relating to climate change

Duties of public bodies

Duties of public bodies relating to climate change

44

• (1) A public body must, in exercising its functions, act—

• (a) in the way best calculated to contribute to the delivery of the targets set in or under Part 1 of this Act;

• (b) in the way best calculated to help deliver any programme laid before the Scottish Parliament under section 53;

• (c) in a way that it considers is most sustainable.

• (2) In this Part, a “public body” means a Scottish public authority within the meaning of section 3(1)(a) of the Freedom of Information (Scotland) Act 2002 (asp 13).

• (3) The Scottish Ministers may, if they consider it appropriate to do so, by order, make further provision relating to the imposition on relevant public bodies of duties relating to climate change.

• (4) The duties imposed by subsection (1) and any duty imposed by virtue of an order under subsection (3) are referred to in this Act as “climate change duties”.

• (5) In this Part, a public body which has climate change duties under subsection (1) or by virtue of subsection (3) is a “relevant public body”.

• (6) An order under subsection (3) may in particular—

• (a) impose climate change duties on—

• (i) all public bodies;

• (ii) public bodies of a particular description;

• (iii) individual public bodies;

• (b) impose different climate change duties on different public bodies or descriptions of public body;

• (c) remove climate change duties.

• (7) Before laying a draft of a statutory instrument containing an order under subsection (3) before the Scottish Parliament, the Scottish Ministers must consult, in so far as reasonably practicable, the persons mentioned in subsection (8).

• (8) Those persons are—

• (a) such associations of local authorities; and

• (b) such other persons,

as the Scottish Ministers consider appropriate.

• (9) The Scottish Ministers must co-operate with a relevant public body to help that body comply with its climate change duties.

Guidance to relevant public bodies

45

• (1) The Scottish Ministers must give guidance to relevant public bodies in relation to climate change duties and those bodies must have regard to such guidance.

• (2) Before giving guidance under subsection (1), the Scottish Ministers must consult, in so far as reasonably practicable, the persons mentioned in subsection (3).

• (3) Those persons are—

• (a) such associations of local authorities; and

• (b) such other persons,

as the Scottish Ministers consider appropriate.

• (4) The Scottish Ministers may vary or revoke guidance given under this section and where guidance is varied to a substantial extent, subsections (2) and (3) apply.

• (5) The Scottish Ministers must publish any guidance given under this section.

Reporting on climate change duties

46

• (1) The Scottish Ministers may, by order, make provision—

• (a) requiring relevant public bodies to prepare reports on compliance with climate change duties;

• (b) requiring any relevant public body found, following an investigation under section 48, to be failing to comply with its climate change duties, to prepare a report on the actions it has taken, is taking or intends to take to secure future compliance with those duties;

• (c) subject to subsection (2), setting out what information reports must contain;

• (d) setting out the form and manner of reports;

• (e) setting out the period within which reports must be sent to the Scottish Ministers.

• (2) A report required by virtue of subsection (1)(a) must, in particular, contain information relating to how—

• (a) procurement policies of relevant public bodies; and

• (b) procurement activity by relevant public bodies,

have contributed to compliance with climate change duties.

• (3) An order under subsection (1) may in particular—

• (a) require two or more relevant public bodies to prepare a joint report in relation to compliance with one or more climate change duties; and

• (b) require those bodies to co-operate with each other for the purpose of preparing that report.

Monitoring body

Appointment of monitoring body

47

• (1) The Scottish Ministers may, by order, designate one or more persons or bodies to monitor whether relevant public bodies are—

• (a) complying with climate change duties;

• (b) having regard to any guidance given under section 45.

• (2) In this Part, a person or body designated under subsection (1) is the “monitoring body”.

Investigations

Investigations

48

• (1) The monitoring body may carry out an investigation into—

• (a) a relevant public body's compliance with climate change duties;

• (b) whether a relevant public body is having regard to guidance given under section 45.

• (2) The monitoring body must carry out an investigation if the Scottish Ministers direct it to do so.

Investigations: investigators' powers

49

• (1) In this section an “investigator” means—

• (a) the monitoring body;

• (b) a person authorised by the monitoring body for the purpose of carrying out investigations.

• (2) An investigator may use the powers set out in subsections (3) to (5) if the investigator considers that it is necessary to do so for the purposes of or in connection with an investigation.

• (3) An investigator may, by notice in writing, require any relevant public body to provide any relevant document or relevant information in the possession, or under the control, of the relevant public body.

• (4) An investigator may require any person who possesses or controls any document or information referred to in subsection (3) to provide an explanation of the document or information.

• (5) An investigator may take copies of, or extracts from, any document or information produced in accordance with subsection (3).

• (6) Nothing in this section authorises an investigator to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.

Reporting by monitoring body

50

• (1) The Scottish Ministers may direct the monitoring body to prepare a report relating to—

• (a) the monitoring body's activities under this Part;

• (b) investigations carried out by the monitoring body;

• (c) its use of resources in carrying out its functions under this Part;

• (d) any other matters the Scottish Ministers may direct.

• (2) The report may include information relating to a continuing investigation only if the Scottish Ministers direct that information to be included.

• (3) The monitoring body must send the report to the Scottish Ministers.

• (4) The Scottish Ministers must lay the report before the Scottish Parliament.

Guidance to monitoring body

51

• (1) The monitoring body must have regard to any guidance given by the Scottish Ministers to it in relation to the exercise of its functions under this Part.

• (2) Before giving guidance under subsection (1), the Scottish Ministers must consult, in so far as reasonably practicable, the persons mentioned in subsection (3).

• (3) Those persons are—

• (a) the monitoring body; and

• (b) such other persons,

as the Scottish Ministers consider appropriate.

• (4) The Scottish Ministers may vary or revoke guidance given under this section and where guidance is varied to a substantial extent, subsections (2) and (3) apply.

• (5) The Scottish Ministers must publish any guidance given under this section.

Power to direct monitoring body

52

• (1) The Scottish Ministers may give directions to the monitoring body relating to the exercise of its functions under this Part.

• (2) The Scottish Ministers may vary or revoke a direction given under this section.

• (3) The monitoring body must comply with a direction given under this section.

Part 5 — Other climate change provisions

Chapter 1 — Adaptation

Adaptation programmes

Programmes for adaptation to climate change

53

• (1) This section applies where the Secretary of State lays a report under section 56 of the 2008 Act (report on impact of climate change) before Parliament.

• (2) The Scottish Ministers must lay a programme before the Scottish Parliament—

• (a) setting out—

• (i) their objectives in relation to adaptation to climate change;

• (ii) their proposals and policies for meeting those objectives;

• (iii) the arrangements for involving employers, trade unions and other stakeholders in meeting those objectives;

• (iv) the mechanisms for ensuring public engagement in meeting those objectives;

• (v) the period within which those proposals and policies will be introduced; and

• (b) otherwise addressing the risks identified in the report under section 56 of the 2008 Act.

• (2A) In setting out their objectives under subsection (2)(a)(i), the Scottish Ministers must include an objective in relation to Scotland's contribution to international climate change adaptation in line with international best practice.

• (3) Where the report laid under section 56 of the 2008 Act is a subsequent report (within the meaning of subsection (3) of that section), the programme must contain an assessment of the progress made towards implementing the objectives, proposals and policies set out in the previous programme.

• (4) The Scottish Ministers must lay each programme as soon as reasonably practicable after they receive the copy of the Secretary of State's report.

Reports on progress towards implementation of programmes for adaptation

54

• (1) This section applies where the Scottish Ministers lay a programme under section 53(2) before the Scottish Parliament.

• (2) The Scottish Ministers must lay before the Scottish Parliament reports setting out their assessment of the progress made towards implementing the objectives, proposals and policies set out in the programme.

• (3) The first report under this section must be laid before the Scottish Parliament no later than the expiry of the period of 12 months beginning with the day on which the programme is laid.

• (4) The second and subsequent reports under this section must be laid before the Scottish Parliament no later than the expiry of each subsequent period of 12 months.

Progress towards implementation of programmes for adaptation

55

• (1) This section applies where—

• (a) the Scottish Ministers lay a programme under section 53(2) before the Scottish Parliament;

• (b) the Secretary of State lays a second or subsequent report under section 56 of the 2008 Act before Parliament.

• (2) Where subsection (1)(a) applies, the Scottish Ministers must, before the expiry of the period of 2 years beginning with the day on which the programme is laid, request the relevant body to prepare a report setting out its assessment of the progress made towards implementing the objectives, proposals and policies set out in that programme.

• (3) Where subsection (1)(b) applies, the Scottish Ministers must, as soon as reasonably practicable after they receive the copy of the report laid, request the relevant body to prepare a further report setting out its assessment of the progress made towards implementing the objectives, proposals and policies set out in the most recent programme laid by the Scottish Ministers under section 53(2).

• (4) The Scottish Ministers must, as soon as reasonably practicable after they receive the relevant body's report under subsection (2) or, as the case may be, further report under subsection (3), lay it before the Scottish Parliament.

Reports on programmes for adaptation

56

• (1) This section applies where—

• (a) the Scottish Ministers lay a programme under section 53(2) before the Scottish Parliament;

• (b) the Secretary of State lays a second or subsequent report under section 56 of the 2008 Act before Parliament.

• (2) Where subsection (1)(a) applies, the advisory body must, before the expiry of the period of 2 years beginning with the day on which the programme is laid, prepare a report setting out its assessment of the progress made towards implementing the objectives, proposals and policies set out in that programme.

• (3) Where subsection (1)(b) applies, the advisory body must, as soon as reasonably practicable after the report is laid, prepare a further report setting out its assessment of the progress made towards implementing the objectives, proposals and policies set out in the most recent programme laid by the Scottish Ministers under section 53(2).

• (4) The advisory body must, as soon as reasonably practicable after preparing a report under subsection (2) or, as the case may be, a further report under subsection (3), lay it before the Scottish Parliament.

Chapter 2 — Land use

Land use strategy

Duty to produce a land use strategy

57

• (1) The Scottish Ministers must, no later than 31 March 2011, lay a land use strategy before the Scottish Parliament.

• (2) The strategy must, in particular, set out—

• (a) the Scottish Ministers' objectives in relation to sustainable land use;

• (b) their proposals and policies for meeting those objectives; and

• (c) the timescales over which those proposals and policies are expected to take effect.

• (3) The objectives, proposals and policies referred to in subsection (2) must contribute to—

• (a) achievement of the Scottish Ministers' duties under section A1 or A3;

• (b) achievement of the Scottish Ministers' objectives in relation to adaptation to climate change, including those set out in any programme produced by virtue of section 53(2); and

• (c) sustainable development.

• (4) Before laying the strategy before the Scottish Parliament, the Scottish Ministers must publish a draft strategy and consult with such bodies as they consider appropriate and also with the general public.

• (5) The strategy must be accompanied by a report setting out—

• (a) the consultation process undertaken in order to comply with subsection (4); and

• (b) the ways in which views expressed during that process have been taken account of in finalising the strategy (or stating that no account has been taken of such views).

• (6) The Scottish Ministers must, no later than—

• (a) 5 years after laying a strategy before the Scottish Parliament under subsection (1); and

• (b) the end of every subsequent period of 5 years,

lay a revised strategy before the Scottish Parliament; and subsections (2) to (5) apply to a revised strategy as they apply to a strategy laid under subsection (1).

Muirburn

Variation of permitted times for making muirburn

58

After section 23 of the Hill Farming Act 1946 (c. 73) (prohibition of muirburn at certain times), insert—

(23A) (1) The Scottish Ministers may, by order, modify section 23 so as to substitute for any of the dates for the time being mentioned in subsection (1), (2) or, as the case may be, (3) of that section such other dates as they consider appropriate as the dates before which or after which it is lawful to make muirburn in any year. (2) The Scottish Ministers may make an order under subsection (1) only if they consider it necessary or expedient to do so in relation to climate change. (3) An order under subsection (1) may not modify any of the dates for the time being mentioned in section 23 if the modification would result in a period during which it is lawful to make muirburn in any year being shorter than the corresponding period which applied immediately before the coming into force of section 58 of the Climate Change (Scotland) Act 2009 (asp 12). (4) The power conferred by subsection (1) is exercisable by statutory instrument. (5) No statutory instrument containing an order under subsection (1) may be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

.

Forestry

Power to modify functions of Forestry Commissioners

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 3 — Energy efficiency

Promotion of energy efficiency and renewable heat

Duty of Scottish Ministers to promote energy efficiency

60

• (1) The Scottish Ministers must prepare and publish a plan for—

• (a) promoting energy efficiency; and

• (b) improving the energy efficiency of living accommodation,

in Scotland.

• (2) The plan must set annual energy efficiency targets and describe how those targets are to be reported on.

• (3) The plan must also include details of how the Scottish Ministers intend to update planning and building regulations to ensure that all new buildings avoid a specified and rising proportion of the projected greenhouse gas emissions from their use, calculated on the basis of the approved design and plans for the specific building, through the installation and operation of low and zero-carbon generating technologies.

• (4) The plan prepared under subsection (1) must be published no later than 12 months after the day on which this section comes into force.

• (5) The Scottish Ministers—

• (a) may, from time to time; and

• (b) must, before the end of the period mentioned in subsection (6),

review the plan prepared and published under this section.

• (6) The period referred to in subsection (5)(b) is the period of 3 years beginning with the day on which—

• (a) the plan is first published; or

• (b) the plan was last reviewed under subsection (5).

• (7) Where, following a review under subsection (5), the Scottish Ministers vary the plan, they must, as soon as reasonably practicable after so doing, publish the plan as so varied.

• (8) In preparing or varying the plan, the Scottish Ministers must have regard to the contributions which improvements to buildings and changes in building standards can make to the delivery of energy efficiency and to the reduction of greenhouse gas emissions.

• (9) In this section—

• “energy efficiency” includes the use of—technologies (other than those used for the production of heat) reliant on renewable sources of energy;materials and equipment the manufacture or use of which produces or involves lower emissions of greenhouse gases than other materials and equipment; andsurplus heat from electricity generation or other industrial processes for district heating or other purposes;

• “fossil fuel” means—coal;lignite;peat;natural gas (within the meaning of the Energy Act 1976 (c. 76));crude liquid petroleum;petroleum products (within the meaning of that Act);any substance produced directly or indirectly from a substance mentioned in paragraphs (a) to (f);

• “renewable sources” means sources other than fossil fuel and nuclear fuel.

Duty of Scottish Ministers to promote renewable heat

61

• (1) The Scottish Ministers must prepare and publish a plan for the promotion of the use of heat produced from renewable sources.

• (2) The plan must, in particular—

• (a) set—

• (i) targets for the percentage of heat to be produced from renewable sources; and

• (ii) in relation to each target, the date by which it should be met; and

• (b) describe how those targets are to be reported on.

• (3) The plan prepared under subsection (1) must be published no later than 12 months after the day on which this section comes into force.

• (4) The Scottish Ministers—

• (a) may, from time to time; and

• (b) must, before the end of the period mentioned in subsection (5),

review the plan prepared and published under this section.

• (5) The period referred to in subsection (4)(b) is the period of 2 years beginning with the day on which—

• (a) the plan is first published; or

• (b) the plan was last reviewed under subsection (4).

• (6) Where, following a review under subsection (4), the Scottish Ministers vary the plan, they must, as soon as reasonably practicable after so doing, publish the plan as so varied.

• (7) In this section, “renewable sources” has the same meaning as in section 60(9).

Laying of plans and reports

62

• (1) The Scottish Ministers must, as soon as reasonably practicable after publishing a plan under section 60(1) or (7) or section 61(1) or (6), lay it before the Scottish Parliament.

• (2) The Scottish Ministers must, before the end of the period mentioned in subsection (3), lay before the Parliament a report on what steps have been taken in implement of the plan.

• (3) The period referred to in subsection (2) is the period of 12 months beginning with the day on which—

• (a) the plan is first published; or

• (b) a report was last laid under subsection (2).

• (4) Where the Scottish Ministers lay a plan mentioned in subsection (1) or a report mentioned in subsection (2) before the Parliament, they must, as soon as reasonably practicable after doing so, and in so far as reasonably practicable, make a statement to the Parliament relating to the plan or, as the case may be, report.

Energy performance of non-domestic buildings

Non-domestic buildings: assessment of energy performance and emissions

63

• (1) The Scottish Ministers must, by regulations—

• (a) provide for the assessment of—

• (i) the energy performance of non-domestic buildings;

• (ii) the emission of greenhouse gases produced by or otherwise associated with such buildings or with activities carried out in such buildings;

• (b) require owners of such buildings to take steps, identified by such assessments, to—

• (i) improve the energy performance of such buildings;

• (ii) reduce such emissions.

• (2) The regulations may in particular include provision about—

• (a) the circumstances in which the regulations apply;

• (b) the non-domestic buildings to which the regulations apply;

• (c) the persons who may be required to have assessments carried out;

• (d) the periods within which such assessments must be carried out;

• (e) the procedure and methodology for assessing the energy performance of buildings;

• (f) the procedure and methodology for assessing the greenhouse gas emissions produced by or otherwise associated with buildings or activities carried out in buildings;

• (g) the persons who may carry out such assessments;

• (h) the issuing of certificates following such assessments, including the form, manner and content of such certificates;

• (i) the form of any recommendations, contained in such certificates, as to the improvement of the energy performance of buildings and the reduction of emissions produced by or otherwise associated with buildings or activities carried out in buildings;

• (j) the manner in which and periods within which persons must take steps to comply with any recommendations contained in such certificates;

• (k) the registration of such certificates;

• (l) the disclosure of information which is entered in the register;

• (m) subject to subsection (3), the enforcement authority in relation to the regulations;

• (n) subject to subsection (5), the functions of that authority;

• (o) the keeping of information and its production to the enforcement authority;

• (p) the enforcement of the duties imposed by the regulations;

• (q) offences in relation to failures to comply with requirements of the regulations.

• (3) The enforcement authority provided for in the regulations is to be such person or body as the Scottish Ministers consider appropriate.

• (4) The regulations may provide for the functions of the enforcement authority to be exercised by two or more such authorities and about the functions of each such authority.

• (5) The functions of the enforcement authority may include power to levy charges to recover the reasonable costs incurred by it in exercising its functions under the regulations.

• (6) The Scottish Ministers must, no later than 12 months after the day on which this section comes into force, publish a report setting out—

• (a) what measures they intend to take to reduce emissions from non-domestic buildings; and

• (b) when they intend to make provision as mentioned in paragraphs (i) and (j) of subsection (2).

• (7) In this section, “non-domestic building”—

• (a) means a building other than a dwelling;

• (b) does not include—

• (i) any yard, garden, outbuilding or other land or buildings;

• (ii) any common areas,

associated with such a dwelling.

Energy performance of living accommodation

Living accommodation: assessment of energy performance and emissions

64

• (1) The Scottish Ministers must, by regulations—

• (a) provide for the assessment of—

• (i) the energy performance of living accommodation;

• (ii) the emission of greenhouse gases produced by or otherwise associated with such accommodation;

• (b) require owners of such accommodation to take steps, identified by such assessments, to—

• (i) improve the energy performance of such accommodation;

• (ii) reduce such emissions.

• (2) The regulations may in particular include provision about—

• (a) the circumstances in which the regulations apply;

• (b) the living accommodation to which the regulations apply;

• (c) the persons who may be required to have assessments carried out;

• (d) the periods within which such assessments must be carried out;

• (e) the procedure and methodology for assessing the energy performance of living accommodation;

• (f) the procedure and methodology for assessing the greenhouse gas emissions produced by or otherwise associated with living accommodation;

• (g) the persons who may carry out such assessments;

• (h) the issuing of certificates, following such assessments, including the form, manner and content of such certificates;

• (i) the form of any recommendations, contained in such certificates, as to the improvement of the energy performance of, and the reduction of emissions produced by or otherwise associated with, living accommodation;

• (j) the manner in which and periods within which persons must take steps to comply with any recommendations contained in such certificates;

• (k) the registration of such certificates;

• (l) the disclosure of information which is entered in the register;

• (m) subject to subsection (3), the enforcement authority in relation to the regulations;

• (n) subject to subsection (5), the functions of that authority;

• (o) the keeping of information and its production to the enforcement authority;

• (p) the enforcement of the duties imposed by the regulations;

• (q) offences in relation to failures to comply with requirements of the regulations.

• (3) The enforcement authority provided for in the regulations is to be such person or body as the Scottish Ministers consider appropriate.

• (4) The regulations may provide for the functions of the enforcement authority to be exercised by two or more such authorities and about the functions of each such authority.

• (5) The functions of the enforcement authority may include power to levy charges to recover the reasonable costs incurred by it in exercising its functions under the regulations.

• (6) The Scottish Ministers must, no later than 12 months after the day on which this section comes into force, publish a report setting out—

• (a) what measures they intend to take to reduce emissions from living accommodation; and

• (b) when they intend to make provision as mentioned in paragraphs (i) and (j) of subsection (2).

• (7) In this section, “living accommodation”—

• (a) means a dwelling; and

• (b) includes—

• (i) any building having a total useful floor area of 50m2 or more; and

• (ii) any common areas,

associated with such a dwelling.

Energy efficiency discount schemes

Duty of local authorities to establish energy efficiency discount schemes

65

• (1) The Local Government Finance Act 1992 (c. 14) is amended as follows.

• (2) After section 80 (reduced amounts payable in respect of council tax), insert—

(80A) (1) A local authority must establish a scheme for reducing the amounts which persons are liable to pay in respect of council tax where improvements are made to the energy efficiency of chargeable dwellings. (2) A scheme established under subsection (1) is an “energy efficiency discount scheme”. (3) An energy efficiency discount scheme may make such provision as the local authority considers appropriate, including, in particular, provision about— (a) the energy efficiency improvements to which the scheme applies; (b) the chargeable dwellings to which the scheme applies; (c) the reduction, which may be made under the scheme, in the amount which persons are liable to pay in respect of council tax; (d) applications under the scheme. (4) But, under an energy efficiency discount scheme, the amount which a person is liable to pay in respect of council tax may be reduced only where each of the conditions mentioned in subsection (5) is met (whatever other conditions may require to be met under the scheme). (5) Those conditions are— (a) the person is liable to pay council tax in respect of a chargeable dwelling and any day; (b) improvements are made to the energy efficiency of that dwelling (whether by the person liable to pay or not); (c) those improvements are made during the same financial year to which the reduction of the amount which the person is liable to pay in respect of council tax relates; (d) the amount which the person is liable to pay in respect of that year has not already been reduced under the scheme in respect of those improvements; (e) the amount which any other person is liable to pay in respect of council tax in respect of that dwelling and that year has not been reduced under the scheme in respect of those improvements. (6) In ascertaining whether the condition in subsection (5)(e) is met, no account is to be taken of any person who is jointly and severally liable, with the person mentioned in subsection (5)(a), to pay council tax in respect of the dwelling. (7) The minimum reduction which may be provided for under an energy efficiency discount scheme must be— (a) where the amount which the person is liable to pay in respect of council tax is £50 or more, no less than £50; (b) where the amount which the person is liable to pay in respect of council tax is less than £50, an amount equal to that person's liability. (8) The local authority may, under an energy efficiency discount scheme, reduce the amount which a person is liable to pay in respect of a dwelling to nil. (9) In this section— - “energy efficiency” includes the use of— 1. technologies reliant on sources of energy other than fossil fuel and nuclear fuel; 2. materials the manufacture or use of which produces or involves lower emissions of greenhouse gases than other materials; and 3. surplus heat from electricity generation or other industrial sources for district heating or other purposes; - “fossil fuel” means— 1. coal; 2. lignite; 3. peat; 4. natural gas (within the meaning of the Energy Act 1976 (c. 76)); 5. crude liquid petroleum; 6. petroleum products (within the meaning of that Act); 7. any substance produced directly or indirectly from a substance mentioned in paragraphs (a) to (f); - “greenhouse gas” has the meaning given by section 10(1) of the Climate Change (Scotland) Act 2009 (asp 12).

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• (3) In schedule 2, after paragraph 21 (effect of reduction of liability to pay council tax under section 13A), insert—

(22) (1) This paragraph applies where a local authority establishes an energy efficiency discount scheme under section 80A. (2) Where, under an energy efficiency discount scheme, the amount which a person is liable to pay in respect of council tax is reduced, any amount in relation to which the reduction applies is to be treated for the purposes of this schedule as subject to a discount equal to the amount of the reduction.

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Review of energy efficiency discount schemes

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• (1) The Scottish Ministers must, as soon as practicable after 31 March 2012 and annually thereafter, lay before the Scottish Parliament a report on the operation of energy efficiency discount schemes established under section 80A of the Local Government Finance Act 1992 (c. 14), which must include an assessment of whether the reductions thereby provided for have contributed effectively to promoting energy efficiency.