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

Climate Change (Scotland) Act 2009

Type Act of the Scottish Parliament

Publication 2009-08-04

Last updated 2025-11-01

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) The Scottish Ministers may, if they consider it appropriate, by order amend section 80A of the Local Government Finance Act 1992 for the purpose of improving the contribution of energy efficiency discount schemes to promoting energy efficiency.

Non-domestic rates: discounts for energy efficiency etc.

67

In section 153 (power to prescribe amount of non-domestic rate) of the Local Government etc. (Scotland) Act 1994 (c. 39), in subsection (3)—

(a) the words “whose rateable value exceeds, and those whose rateable value does not exceed, a prescribed figure”become paragraph (a); and

(b) at the end insert—

(b) whose energy efficiency and greenhouse gas emissions fall into different categories prescribed for the purpose of this paragraph in rules under subsection (1). (3A) Regulations under this section may make provision in relation to how lands and heritages are to be determined to fall within a category prescribed for the purpose of subsection (3)(b) in rules under subsection (1).

Climate change burdens

68

After section 46 (health care burdens) of the Title Conditions (Scotland) Act 2003 (asp 9), insert—

(46A) (1) On and after the day on which this section comes into force, it shall be competent to create a real burden in favour of a public body or trust, or of the Scottish Ministers, for the purpose of reducing greenhouse gas emissions; and any such burden shall be known as a “climate change burden”. (2) A climate change burden may only consist of an obligation, in the event of the burdened property being developed, for the property to meet specified mitigation and adaptation standards. (3) For the purposes of this section, a “public body” means a body listed in Part I or II of the Schedule to the Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 (SSI 2003/453).

Tenement Management Scheme

Tenement Management Scheme: definition of “maintenance”

69

In schedule 1 (Tenement Management Scheme) to the Tenements (Scotland) Act 2004 (asp 11), in the definition of “maintenance” in rule 1.5, after “replacement,” insert “ the installation of insulation, ”.

Permitted development rights

Air source heat pumps and micro wind turbines in domestic properties

70

(1) The Scottish Ministers must exercise their functions under sections 30 and 31 of the Town and Country Planning (Scotland) Act 1997 (c. 8) so as to make provision specifying the circumstances in which development of the class mentioned in subsection (2) is granted planning permission by virtue of an order under section 30 of that Act.

(2) That class is the installation, alteration or replacement, within the curtilage of a dwellinghouse or building containing one or more flats, of—

(a) air source heat pump microgeneration equipment; or

(b) wind turbine microgeneration equipment.

(3) The Scottish Ministers must comply with subsection (1) no later than 6 months after the day on which this section comes into force.

(4) Before complying with subsection (1), the Scottish Ministers must consult—

(a) such persons appearing to them to represent the producers and suppliers of the equipment mentioned in paragraphs (a) and (b) of subsection (2); and

(b) such other persons as the Scottish Ministers consider appropriate.

(5) In this section, “microgeneration” has the meaning given in section 82(6) of the Energy Act 2004 (c. 20).

Microgeneration in non-domestic buildings

71

(1) The Scottish Ministers must exercise their functions under sections 30 and 31 of the Town and Country Planning (Scotland) Act 1997 (c. 8) so as to make provision specifying the circumstances in which development of the class mentioned in subsection (2) is granted planning permission by virtue of an order under section 30 of that Act.

(2) That class is the installation, alteration or replacement, within the curtilage of a non-domestic building, of microgeneration equipment.

(3) The Scottish Ministers must comply with subsection (1) no later than 12 months after the day on which this section comes into force.

(4) Before complying with subsection (1), the Scottish Ministers must consult—

(a) such persons appearing to them to represent the producers and suppliers of the equipment mentioned in subsection (2); and

(b) such other persons as the Scottish Ministers consider appropriate.

(5) In this section—

“microgeneration” has the same meaning as in section 70(5);

“non-domestic building” has the same meaning as in section 63(7).

Development plans

Development plans: inclusion of greenhouse gas emissions policies

72

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Annual report on operation of section 72

73

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Promotion of water conservation and water-use efficiency

Duty of Scottish Water to promote water conservation and water-use efficiency

74

In section 56(1) of the Water Industry (Scotland) Act 2002 (asp 3), after paragraph (a) insert—

(aa) requiring it to promote water conservation and water-use efficiency,

Chapter 4 — The Scottish civil estate

Energy performance of buildings procured for the Scottish civil estate

75

(1) The Scottish Ministers must, in so far as reasonably practicable, ensure that the energy performance of any building that becomes part of the civil estate in Scotland falls within the top quartile of energy performance.

(2) For the purposes of subsection (1), a building becomes part of the civil estate if it is procured or constructed by or on behalf of the Scottish Ministers.

(3) The Scottish Ministers may, by regulations, provide that the duty under subsection (1) does not apply in respect of specified buildings or categories of buildings.

Report on the Scottish civil estate

76

(1) The Scottish Ministers must, in respect of each financial year beginning with 2010–2011, lay before the Scottish Parliament a report containing an assessment of the progress made in the year towards improving—

(a) the efficiency; and

(b) the contribution to sustainability,

of buildings that are part of the civil estate in Scotland.

(2) If the energy performance of a building mentioned in subsection (3) does not fall within the top quartile of energy performance, the report must state the reasons why the building has become part of the civil estate.

(3) That building is a building—

(a) to which section 75 applies; and

(b) which becomes part of the civil estate in the financial year to which the report relates.

(4) The report under this section must be laid before the Parliament no later than 31 October next following the end of the financial year to which the report relates.

Scottish civil estate: supplementary

77

(1) For the purposes of this section and sections 75 and 76—

(a) “building” means a building that uses energy for heating or cooling the whole or any part of its interior; and

(b) a building is part of the civil estate in Scotland if it—

(i) is used for the purposes of Scottish central government administration; and

(ii) is of a description of buildings for which the Scottish Ministers have responsibilities in relation to efficiency and sustainability.

(2) The Scottish Ministers may, by order, provide—

(a) for buildings of a description specified in the order to be treated as being, or as not being, part of the civil estate;

(b) for uses specified in the order to be treated as being, or as not being, uses for the purposes of Scottish central government administration.

Chapter 5 — Waste reduction and recycling

Waste prevention and management plans

78

(1) The Scottish Ministers may, by regulations, require persons of the kinds specified—

(a) to prepare plans for the prevention, reduction, management, recycling, use and disposal of waste produced by or otherwise associated with their activities;

(b) to comply with those plans.

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

(a) the circumstances in which plans must be prepared, including when more than one plan must be prepared;

(b) the kinds of waste in relation to which plans must be prepared;

(i) to which plans relate;

(ii) within which plans must be prepared;

(d) the content of plans;

(e) subject to section 89—

(i) the enforcement authority in relation to the regulations; and

(ii) the functions of that authority, including the approval by it of plans prepared under the regulations;

(f) the keeping of plans and other information and their production to the enforcement authority;

(g) the enforcement of the duties imposed by the regulations;

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

(3) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.

(4) In this Chapter—

“recycling”, in relation to any waste, includes recovery and re-use (whether or not the waste is subjected to any process) (and cognate expressions are to be construed accordingly);

“specified” means specified in regulations (and cognate expressions are to be construed accordingly);

“waste” has the meaning given by section 75(2) of the Environmental Protection Act 1990 (c. 43) (the “1990 Act”).

Waste data

Information on waste

79

(1) The Scottish Ministers may, by regulations, require persons of the kinds specified to provide SEPA with information on the waste produced by or otherwise associated with such persons' activities.

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

(a) the circumstances in which information must be provided;

(b) the information required to be provided, including the periods to which the information relates;

(d) the periods within which information must be provided;

(e) the functions of SEPA in relation to the regulations;

(f) the keeping of information and its production to SEPA;

(g) the enforcement of the duties imposed by the regulations;

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

(3) The power to make regulations under this section is without prejudice to section 34(5) of the 1990 Act and any other enactment to the same effect as that section; and any duty imposed on any person by regulations under this section is without prejudice to any duty to provide information on waste imposed by regulations under that section or by virtue of any other such enactment.

(4) SEPA may give guidance to persons to whom the regulations apply on how to comply with the requirements of the regulations.

(5) A draft of a statutory instrument containing the first regulations under subsection (1) must be laid before the Scottish Parliament no later than 12 months after the day on which this section comes into force.

(6) In this section and in section 89, “SEPA” means the Scottish Environment Protection Agency.

Deposit of recyclable waste etc.

Recyclable waste: facilities for deposit etc.

80

(1) The Scottish Ministers may, by regulations, require—

(a) persons of the kinds specified to provide facilities for the deposit of waste;

(b) authorised persons—

(i) to collect waste deposited by virtue of paragraph (a);

(ii) to ensure, in so far as reasonably practicable, that such waste collected by or transferred to them (whether in accordance with section 34 of the 1990 Act or otherwise) is recycled.

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

(a) the circumstances in which facilities must be provided, including the places at which they must be provided;

(b) the persons for whom facilities must be provided;

(d) the circumstances in which authorised persons must collect waste, including which authorised persons must do so;

(e) the charging by authorised persons for collecting waste, for recycling waste and for otherwise ensuring waste is recycled;

(f) subject to section 89—

(i) the enforcement authority in relation to the regulations; and

(ii) the functions of that authority;

(g) the keeping of records and their production to the enforcement authority;

(h) the enforcement of the duties imposed by the regulations;

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

(3) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.

(4) The Scottish Ministers may not, by regulations under this section, impose requirements on persons to provide facilities for the deposit of waste in circumstances in relation to which regulations under section 81 may be made.

(5) In this section and in section 81, “authorised person” has the same meaning as in section 34(3) of the 1990 Act.

Recyclable waste: facilities for deposit at events etc.

81

(1) The Scottish Ministers may, by regulations, confer power on local authorities to issue notices requiring—

(a) persons responsible for organising temporary events open to the public to provide facilities for the deposit of waste by persons attending those events;

(b) authorised persons to—

(i) collect waste deposited by virtue of paragraph (a);

(ii) ensure, in so far as reasonably practicable, that such waste collected by or transferred to them (whether in accordance with section 34 of the 1990 Act or otherwise) is recycled.

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

(a) the events in relation to which notices can be issued;

(b) the circumstances in which facilities must be provided, including the places at which they must be provided;

(d) the kinds of waste for which facilities must be provided;

(e) the persons to whom notices can be issued;

(f) the content of notices;

(g) the form of and manner in which notices can be issued, including the times at which notices can be issued;

(h) appeals against notices;

(i) the circumstances in which authorised persons must collect waste, including which authorised persons must do so;

(j) the charging by authorised persons for collecting waste, recycling waste and otherwise ensuring waste is recycled;

(k) subject to section 89—

(i) the enforcement authority in relation to notices; and

(ii) the functions of that authority;

(l) the keeping of records by persons to whom notices are issued and their production to the enforcement authority;

(m) the enforcement of duties imposed by notices;

(n) offences in relation to failures to comply with requirements of notices.

(3) Local authorities must have regard to any guidance given by the Scottish Ministers to them in relation to the functions conferred on them by the regulations.

(4) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.

Procurement of recyclate

82

(1) The Scottish Ministers may, by regulations, require persons of the kinds specified to comply with the requirement in subsection (2).

(2) That requirement is to ensure that things procured or constructed by or on behalf of such persons—

(a) comprise of; or

(b) include or contain a certain proportion of,

recyclate.

(3) The regulations may in particular include provision about—

(a) the circumstances in which the requirement applies;

(b) the kinds of things in relation to which the requirement applies;

(d) how such proportions are to be determined;

(e) the circumstances in which a person may apply to the Scottish Ministers to have the requirement disapplied;

(f) subject to section 89—

(i) the enforcement authority in relation to the regulations; and

(ii) the functions of that authority;

(g) the keeping of records and their production to the enforcement authority;

(h) the enforcement of the duties imposed by the regulations;

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

(4) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.

(5) Persons to whom the regulations apply must have regard to any guidance given by—

(a) the Scottish Ministers;

(b) the enforcement authority,

to them in relation to the requirements imposed by the regulations.

(6) In this section, “recyclate” means waste that has been recycled.

Reduction of packaging

Targets for reduction of packaging etc.

83

(1) The Scottish Ministers may, by regulations—

(a) set targets—

(i) for the reduction of packaging;

(ii) for the reduction of greenhouse gas emissions produced by the manufacture of or otherwise associated with packaging;

(b) require persons of the kinds specified to comply with those targets.

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

(a) the circumstances in which the requirement in subsection (1)(b) applies;

(b) the kinds of packaging in relation to which targets may be set;

(d) the methods of determining whether targets have been met;

(e) subject to section 89—

(i) the enforcement authority in relation to the regulations; and

(ii) the functions of that authority;

(f) the keeping of records and other information and their production to the enforcement authority (including the periods to which records or information must relate and within which it must be produced to the authority);

(g) the enforcement of the duties imposed by the regulations;

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

(3) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.

(4) For the purpose of this section and any regulations made under it, “packaging” has the meaning given by Article 3 of Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste.

Deposit and return

Deposit and return schemes

84

(1) The Scottish Ministers may, by regulations, establish deposit and return schemes.

(2) A “deposit and return scheme” is a scheme under which—

(a) the sale price of articles includes a returnable element (a “deposit”);

(b) persons who return—

(i) such articles;

(ii) the packaging associated with such articles (“returnable packaging”); or

(iii) both such articles and such packaging,

are entitled to be paid a sum equal to that deposit.

(3) Retailers may be required, under a deposit and return scheme, to—

(a) include a deposit in the price of articles placed on the market by them;

(b) accept the return to them of—

(i) such articles;

(ii) returnable packaging; or

(iii) both such articles and such packaging;

(i) such articles;

(ii) returnable packaging; or

(iii) both such articles and such packaging;

(d) return such articles to the producers of them;

(e) return returnable packaging to the producers of it or of the articles with which it is associated.

(4) Producers may be required, under a deposit and return scheme, to—

(a) include a deposit in the price of articles placed on the market by them;

(b) accept the return to them of—

(i) such articles;

(ii) returnable packaging; or

(iii) both such articles and such packaging;

(i) such articles;

(ii) returnable packaging; or

(iii) both such articles and such packaging;

(d) recycle, or have recycled—

(i) such articles;

(ii) returnable packaging; or

(iii) both such articles and such packaging.

(5) A deposit and return scheme may also provide for a person or body (a “scheme administrator”) to—

(a) ensure that deposits are included in the price of articles placed on the market;

(b) accept the return of—

(i) such articles;

(ii) returnable packaging; or

(iii) both such articles and such packaging;

(i) such articles;

(ii) returnable packaging; or

(iii) both such articles and such packaging;

(d) return such articles to the producers of them;

(e) return returnable packaging to the producers of it or of the articles with which it is associated;

(f) recover sums equal to deposits from such producers;

(g) recycle, or have recycled—

(i) such articles;

(ii) returnable packaging; or

(iii) both such articles and such packaging.

(6) The Scottish Ministers may make regulations under this section only where they consider it necessary or expedient to do so for the purpose of promoting or securing an increase in the recycling of materials.

(7) The regulations may in particular include provision about—

(a) the persons who are retailers and producers for the purposes of deposit and return schemes;

(b) the articles to which such schemes apply;

(d) the inclusion, in the sale price of articles, of a non-returnable element to cover the reasonable costs incurred by retailers, producers or a scheme administrator in administering such schemes;

(e) the articles the return of which entitles persons to payment of sums equal to deposits;

(f) the methods by which such articles are to be identified;

(g) the packaging which is returnable packaging for the purposes of such schemes;

(h) the methods by which returnable packaging is to be identified;

(i) information on the operation of schemes (including notices on premises where articles are offered for sale and the content of such notices);

(j) the places to which articles can be returned;

(k) the places to which returnable packaging can be returned;

(l) the registration of retailers and producers to whom schemes apply (including the reasonable fees payable in relation to such registration);

(m) the scheme administrator;

(n) subject to section 89—

(i) the enforcement authority in relation to the regulations; and

(ii) the functions of that authority;

(o) the keeping of records and other information and their 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.

(8) For the purpose of this section and any regulations made under it, “packaging” has the meaning given by Article 3 of Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste.

Deposit and return schemes: designation of scheme administrator

85

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

(a) a body established under section 86(1); or

(b) such other person or body as they consider appropriate (an “existing body”),

as a scheme administrator of a deposit and return scheme established by virtue of section 84.

(2) An order under subsection (1)(b) may, in so far as the Scottish Ministers consider it necessary or expedient to do so, modify the functions of an existing body by—

(a) conferring functions on;

(b) removing functions from; or

the body.

(3) That order may in particular include provision about—

(a) borrowing by the existing body (with the approval of the Scottish Ministers);

(b) the charging by the body, in respect of the exercise of its functions in relation to a deposit and return scheme, of such reasonable amounts as the Scottish Ministers consider appropriate.

(4) An order under subsection (1)(a) or (b) may include provision about the giving of directions by the Scottish Ministers to the scheme administrator about the exercise of the administrator’s functions in relation to the scheme.

Power to establish scheme administrator

86

(1) The Scottish Ministers may, by order, establish a body to be a scheme administrator of a deposit and return scheme established by virtue of section 84(1).

(2) A body established under subsection (1) is to be a body corporate.

(3) The body may do anything which appears to it—

(a) to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions in relation to a deposit and return scheme;

(b) to be conducive to the exercise of those functions.

(4) In particular, the body may—

(a) enter into contracts;

(b) with the agreement of the Scottish Ministers, borrow money;

(c) charge, in respect of the exercise of its functions in relation to a deposit and return scheme, such reasonable amounts as the Scottish Ministers consider appropriate.

(5) An order under subsection (1) may in particular include provision about—

(a) the status and constitution of the body;

(b) the status of the members and any employees of the body;

(d) the conferral of functions on the body;

(e) the keeping by the body of accounts and accounting records.

Finance of scheme administrator

87

(1) The Scottish Ministers may, for the purpose of or in connection with the exercise by a scheme administrator of functions in relation to a deposit and return scheme—

(a) pay grants;

(b) make loans,

to the administrator of such amounts as Ministers may determine.

(2) Any such grant or loan may be paid or, as the case may be, made, on such terms and subject to such conditions (including, in the case of a loan, conditions as to repayment) as the Scottish Ministers consider appropriate.

(3) The Scottish Ministers may, from time to time after any grant or loan is paid or, as the case may be, made, vary the terms and conditions on which it was paid or made.

(4) The Scottish Ministers may guarantee, in such manner and on such conditions as they consider appropriate, the discharge of any financial obligation in connection with any sums borrowed by a scheme administrator for the purpose of, or in connection with, the exercise of its functions in relation to a deposit and return scheme.

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Charges for supply of carrier bags

88

(1) The Scottish Ministers may, by regulations, require suppliers of goods—

(a) to charge for carrier bags supplied at the place where the goods are supplied for the purpose of enabling the goods to be taken away or delivered;

(b) to apply the net proceeds raised by such charges to the advancement of environmental protection or improvement or to any other purposes that may be reasonably regarded as analogous.

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

(a) the circumstances in which the requirement applies;

(b) the suppliers to whom the requirement applies;

(d) the minimum amount to be charged for each carrier bag;

(e) how the net proceeds raised by the charge are to be ascertained;

(f) the purposes to which those net proceeds are to be applied;

(g) subject to section 89—

(i) the enforcement authority in relation to the regulations; and

(ii) the functions of that authority;

(h) the keeping of records and their production to the enforcement authority;

(i) the enforcement of the duties imposed by the regulations;

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

(3) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.

General provision

Enforcement authorities

89

(1) This section applies to any regulations made under this Chapter other than under section 79.

(2) The enforcement authority provided for in the regulations is to be—

(a) SEPA;

(b) a local authority; or

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

(4) The regulations may also provide for enforcement authorities to levy charges to recover the reasonable costs incurred by them in exercising their functions under the regulations.

Penalties

90

(1) A person who commits an offence under regulations made under this Part is liable to such penalties, not exceeding those mentioned in subsection (2), as are provided for in the regulations.

(2) Those penalties are—

(a) on summary conviction, a fine not exceeding the statutory maximum;

(b) on conviction on indictment, a fine.

Part 6 — General and miscellaneous

Public engagement

91

(1) The Scottish Ministers must prepare and publish a strategy (a “public engagement strategy”) setting out the steps they intend to take to—

(a) inform persons in Scotland about the targets specified by virtue of this Act;

(b) encourage them to contribute to the achievement of those targets.

(2) The public engagement strategy must, in particular, identify actions which persons in Scotland may take to contribute to the achievement of the targets referred to in subsection (1)(a).

(3) The public engagement strategy must be published no later than 31 December 2010.

(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 strategy.

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

(a) the strategy is first published; or

(b) the strategy was last reviewed under subsection (4).

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

(7) A strategy published under subsection (6) must contain an assessment of the progress made towards implementing the steps set out in earlier strategies.

(8) The public engagement strategy may be published in such manner as the Scottish Ministers consider appropriate.

(9) The Scottish Ministers must lay the public engagement strategy before the Scottish Parliament as soon as reasonably practicable after it is published.

Sustainable development

92

(1) The persons mentioned in subsection (2) must, in exercising functions conferred on them by virtue of this Act, take into account the need to do so in a way that contributes to the achievement of sustainable development, including the achievement of the United Nations sustainable development goals.

(2) Those persons are—

(a) the Scottish Ministers;

(b) the advisory body.

Equal opportunities

93

(1) The persons mentioned in subsection (2) must exercise their functions under this Act in a manner which encourages equal opportunities and in particular the observance of the equal opportunities requirements.

(2) Those persons are—

(a) the Scottish Ministers;

(b) the advisory body;

(3) In this section, “equal opportunities” and the “equal opportunities requirements” have the same meanings as those expressions have in section L2 of Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46).

Impact of budget proposals on emissions

94

(1) The Scottish Ministers must, at the same time as laying before the Scottish Parliament any document setting out draft proposals for the use of resources in any financial year, lay before the Scottish Parliament a document describing the direct and indirect impact on greenhouse gas emissions of the activities to be funded by virtue of the proposals.

(2) In this section, “use of resources” has the meaning given in section 1(3) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1).

Crown application

95

(1) This Act and any orders and regulations made under it bind the Crown.

(2) No contravention by the Crown of any provision made by virtue of this Act makes the Crown criminally liable.

(3) But the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4) Despite subsection (2), any provision made by virtue of this Act applies to persons in the public service of the Crown as it applies to other persons.

Subordinate legislation

96

(1) Any power conferred by this Act on the Scottish Ministers to make orders or regulations is exercisable by statutory instrument.

(2) Any such power—

(a) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes;

(b) includes power to make such consequential, incidental, supplementary, transitory, transitional or saving provision as the Scottish Ministers consider appropriate.

(3) An order or regulations under this Act may modify any enactment (including this Act).

(4) Subject to subsections (5) to (8) and to section 97, no statutory instrument containing an order or regulations under this Act (other than an order under section 100(2)) may be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

(5) A statutory instrument containing an order mentioned in subsection (6) or regulations mentioned in subsection (7) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(6) Those orders are orders under—

(a) section 19(1)(b);

(b) section 46(1);

(7) Those regulations are—

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

(aa) regulations under section 13A(1) that do not propose an increase to any limit on the maximum amount of carbon units that may be credited to the net Scottish emissions account for a period,

(b) the second or subsequent regulations under section 20(1) (other than regulations which make provision specifying a carbon unit of a kind not previously specified in regulations under that section);

(i) the deposits mentioned in section 84(7)(c);

(ii) the form and content of notices mentioned in section 84(7)(i);

(iii) setting the registration fees mentioned in section 84(7)(l);

(d) regulations under Chapter 5 of Part 5 which make provision about the matter mentioned in section 89(4) only.

(8) Subsection (5) does not apply to an order or regulations which includes provision modifying an Act or an Act of the Scottish Parliament.

Subordinate legislation: pre-laying procedure

97

(1) This section applies where the Scottish Ministers propose to lay before the Scottish Parliament a draft of a statutory instrument containing

(za) regulations, other than the first regulations, under section A4;

(a) the first regulations under section 84 or 88 (other than a draft containing regulations mentioned in section 96(7)(c) or (d) to which section 96(5) applies); ...

(b) regulations under section 13A(1) that propose an increase to any limit on the maximum amount of carbon units that may be credited to the net Scottish emissions account for a period;

(c) regulations under section 87A which specify (or modify the description of) items that suppliers of goods are required to charge for.

(2) The Scottish Ministers must, before doing so, lay before the Parliament—

(a) a copy of the proposed regulations;...

(b) a statement setting out their reasons for proposing to make those regulations; and

(c) in the case of regulations mentioned in subsection (1)(b), a statement setting out whether the proposed limit is consistent with the most up-to-date advice they have received from the relevant body.

(3) The Scottish Ministers must, when laying such a copy, specify a period (the “representation period”) during which representations on the proposed regulations may be made to them.

(4) The representation period must be at least 90 days, of which no fewer than 30 must be days on which the Parliament is not dissolved or in recess.

(5) The Scottish Ministers must, as soon as reasonably practicable after laying a copy of the proposed regulations, publicise them in such manner as they consider appropriate.

(6) The Scottish Ministers must, before laying the proposed regulations before the Parliament, have regard to—

(a) any representations on the proposed regulations made to them;

(b) any resolution relating to those regulations passed by the Parliament; and

(c) any report relating to those regulations published by any committee of the Parliament for the time being appointed by virtue of standing orders,

before the expiry of the representation period.

(7) The Scottish Ministers must, when laying such proposed regulations, lay a statement setting out—

(a) details of any representations, resolutions or reports mentioned in subsection (6);

(b) the changes (if any) they have made to the proposed regulations in response to such representations, resolutions or reports and the reasons for those changes; and

(c) in the case of regulations mentioned in subsection (1)(b), whether the proposed limit is consistent with the most up-to-date advice they have received from the relevant body.

(8) In this section, “proposed regulations” means a draft of a statutory instrument to which subsection (1) applies.

Interpretation

98

In this Act—

“additional greenhouse gas” has the meaning given by section 12(2);

“advisory body” has the meaning given by section 24(2);

“advisory functions” has the meaning given by section 24(3);

“authorised person” has the meaning given by section 80(5);

“baseline” has the meaning given by section 11(1);

“baseline year” means—in relation to a greenhouse gas mentioned in subsection (2) of section 11, the year mentioned in paragraph (a), (b), (c), (d) or, as the case may be, (e) of that subsection;in relation to an additional greenhouse gas, any year designated by virtue of section 12(3);

“carbon unit” has the meaning given by section 20(4);

“climate change duties” has the meaning given by section 44(4);

“Committee” means the Scottish Committee on Climate Change;

“current international carbon reporting practice” has the meaning given by section 19(2),

“deposit and return scheme” means a scheme established by virtue of section 84(1);

“emissions” has the meaning given by section 17(1);

“emissions reduction target” means— a Scottish carbon budget target (and references to meeting such a target are to be construed in accordance with section A2(4)), or the net-zero emissions target,

“energy efficiency” has the meaning given by section 60(9);

“fair and safe Scottish emissions budget” has the meaning given by section 2B(2),

“greenhouse gas” has the meaning given by section 10(1);

“international carbon reporting practice” has the meaning given by section 19(1);

“just transition principles” has the meaning given by section 35C(1),

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

“monitoring body” has the meaning given by section 47(2);

“net Scottish emissions” is to be construed in accordance with section 17(1);

“net Scottish emissions account” has the meaning given by section 13(1);

“net-zero emissions target” has the meaning given by section A1(1),

“net-zero emissions target year” has the meaning given by section A1(2),

“public body” (except in Part 4 and section 93) has the meaning given by section 24(5);

“relevant body” has the meaning given by section 20A(1);

“relevant public body” has the meaning given by section 44(5);

“recycling” has the meaning given by section 78(4);

“renewable sources” has the meaning given by section 60(9);

“Scottish carbon budget” has the meaning given by section A2(1),

“Scottish carbon budget target” has the meaning given by section A2(3),

“Scottish Committee on Climate Change” has the meaning given by section 25(2);

“Scottish emissions” has the meaning given by section 17(1);

“Scottish removals” has the meaning given by section 17(1);

“SEPA” has the meaning given by section 79(6);

“target year” means—the final year of a period for which a Scottish carbon budget is set,the net-zero emissions target year,

“target-relevant international carbon reporting practice” has the meaning given by section 19(2),

“target-setting criteria” means the matters mentioned in section 2B(1);

“the 1990 Act” means the Environmental Protection Act 1990 (c. 43);

“the 2008 Act” means the Climate Change Act 2008 (c. 27);

“UK Committee on Climate Change” has the meaning given by section 20A(2);

“United Nations sustainable development goals” means the goals set out in “Transforming our world: the 2030 Agenda for sustainable development” adopted by the General Assembly of the United Nations by resolution A/Res/70/1 of 25 September 2015,

“waste” has the meaning given by section 78(4).

Minor and consequential modifications

99

Schedule 2 makes minor modifications and modifications consequential on the provisions of this Act.

Short title and commencement

100

(1) This Act may be cited as the Climate Change (Scotland) Act 2009.

(2) This Act (other than this section and sections 30 to 32, 56, 70 and 96) comes into force on such day (in the case of sections 44 to 52, being no later than 18 months after the day on which the Bill for this Act receives Royal Assent) as the Scottish Ministers may, by order, appoint.

(3) Sections 30 to 32 and 56 come into force in accordance with section 26.

(4) Section 70 comes into force on the day after the Bill for this Act receives Royal Assent.

(5) Different days may, under subsection (2), be appointed for different purposes.

SCHEDULE 1

Status

1

(1) The Committee is a body corporate.

(2) The Committee is not to be regarded as a servant or agent of the Crown, nor is it to be regarded as having any status, privilege or immunity of the Crown.

(3) The Committee's members and employees are not to be regarded as civil servants.

(4) The Committee's property is not to be regarded as property of, or held on behalf of, the Crown.

Membership of the Committee

2

(1) The Committee is to consist of the following members—

(a) a person to chair the Committee (“the Chair”); and

(b) not fewer than five and not more than eight other members.

(2) The Scottish Ministers may, by order, modify sub-paragraph (1)(b) so as to alter the number of other members of the Committee.

(3) Members of the Committee are appointed by the Scottish Ministers.

(4) In appointing members to the Committee, the Scottish Ministers must have regard to the desirability of the Committee (taken as a whole) having expertise or experience in the following—

(a) business competitiveness;

(b) climate change policy at Scottish, UK and international level (in particular the social impact of such policy);

(d) economic analysis and forecasting;

(e) emissions trading;

(f) energy production and supply;

(g) financial investment;

(h) technology development and diffusion.

Period, and conditions, of appointment of members

3

(1) Each member of the Committee is to be appointed for a period not exceeding 5 years.

(2) A member holds and vacates office in accordance with the terms and conditions of appointment.

(3) A member may resign office as a member of the Committee by giving written notice to the Scottish Ministers.

(4) On ceasing to be a member, a person is eligible to be reappointed for one further period.

Persons not eligible for appointment

4

No person may be appointed as a member of the Committee if that person is, or has at any time during the previous year been, a member of—

(a) the House of Commons;

(b) the Scottish Parliament;

Removal of members of Committee

5

(1) Subject to sub-paragraph (3), the Chair may, by giving written notice, remove a member from office if the Chair is satisfied that one of the situations set out in sub-paragraph (2) exists.

(2) Those situations are—

(a) that the member is insolvent;

(b) that the member has been convicted of a criminal offence;

(c) that the member has been absent from meetings of the Committee for a period longer than 6 months without the permission of the Chair;

(d) that the member is otherwise unable or unfit to discharge the functions of a member or is unsuitable to continue as a member.

(3) The Chair may only remove a member from office with the agreement of the Scottish Ministers.

(4) The Scottish Ministers may, by giving written notice, remove the Chair from office if the Scottish Ministers are satisfied that one of the situations set out in sub-paragraph (2) exists.

(5) For the purposes of sub-paragraph (2)(a), a member is insolvent when—

(a) a voluntary arrangement proposed by the member is approved;

(b) the member is adjudged bankrupt;

(d) the member enters into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor;

(e) the member grants a trust deed for creditors.

Remuneration, allowances and pensions of members

6

(1) The Committee must pay its members such remuneration and allowances as the Scottish Ministers may in each case determine.

(2) The Committee may, with the agreement of the Scottish Ministers—

(a) pay (or make arrangements for the payment);

(b) make payments towards the provision;

of such pensions, allowances or gratuities to or in respect of any person who is or has ceased to be a member of the Committee, as the Committee may determine.

(3) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities paid by way of compensation for loss of office.

Chief executive and other employees

7

(1) The Committee is to employ a chief executive.

(2) The chief executive is to be appointed by the Committee on such terms and conditions as the Committee may determine.

(3) The appointment of the chief executive and the terms and conditions of that appointment are subject to the agreement of the Scottish Ministers.

(4) The Committee may appoint other employees on such terms and conditions as the Committee may determine.

(5) The Scottish Ministers may give directions to the Committee as regards the appointment of employees under sub-paragraph (4), which may relate in particular to—

(a) the number of appointments;

(b) the terms and conditions of employment.

(6) The Committee must comply with directions given under sub-paragraph (5).

(7) The Committee may, with the agreement of the Scottish Ministers—

(a) pay (or make arrangements for the payment of);

(b) make payments towards the provision of;

such pensions, allowances or gratuities to or in respect of any person who is or has ceased to be an employee of it, as the Committee may determine.

(8) The reference in sub-paragraph (7) to pensions, allowances and gratuities includes pensions, allowances and gratuities paid by way of compensation for loss of office.

Accounts

8

(1) The Committee must—

(a) keep proper accounts and accounting records;

(b) prepare in respect of each financial year a statement of accounts;

(2) The Committee must comply with any directions which the Scottish Ministers gives it in relation to the matters mentioned in sub-paragraph (1).

(3) The Scottish Ministers must, as soon as reasonably practicable after receiving the statement of accounts from the Committee—

(a) send the statement of accounts to the Auditor General for Scotland for auditing;

(b) lay the audited statement before the Scottish Parliament.

(4) The Committee must make its audited statement of accounts and its accounting records available so that they may be inspected by any person.

(5) Those documents are to be made available—

(a) at any reasonable time; and

(b) without charge.

(6) In this paragraph and paragraph 9, “financial year” means—

(a) the period beginning with the day the Committee is established and ending with 31 March in the following calendar year;

(b) each subsequent period of 12 months ending with 31 March.

Reports

9

(1) As soon as practicable after the end of each financial year, the Committee must prepare a report on—

(a) the discharge of the Committee's functions during that year;

(b) the actions that the Committee proposes to take during the following year in pursuance of its functions.

(2) The Committee must—

(a) send a copy of the report to the Scottish Ministers; and

(b) publish the report.

(3) The Committee must prepare and publish the report in accordance with any directions which the Scottish Ministers may give.

(4) The Scottish Ministers must as soon as reasonably practicable after receiving the report from the Committee, lay a copy of it before the Scottish Parliament.

(5) The Committee may publish such other reports on matters relevant to its functions as it considers appropriate.

Sub-committees

10

(1) The Committee may establish sub-committees for any purposes relating to its functions.

(2) A sub-committee must comply with any directions given to it by the Committee.

Proceedings

11

(1) Subject to the remaining provisions of this paragraph, the Committee may regulate—

(a) its own procedure (including any quorum);

(b) the procedure of any sub-committee (including any quorum).

(2) The Chair must, if present, chair meetings of the Committee or any sub-committee of the Committee.

(3) If the Chair is not available to be present at a meeting of the Committee (or any sub-committee of the Committee), the Chair is to appoint another member to chair the meeting.

(4) The Chair has a casting vote and any person appointed by the Chair under sub-paragraph (3) has a casting vote for the purposes of that appointment.

(5) The validity of any proceedings of the Committee (or any of its sub-committees) is not affected by a vacancy in membership nor by any defect in the appointment of a member.

Delegation of functions

12

(1) The Committee may, subject to sub-paragraph (2), authorise—

(a) any of its members;

(b) any of its sub-committees;

(d) any other employee,

to exercise such of its functions (and to such extent) as it may determine.

(2) The Committee may not authorise the exercise of the following functions under sub-paragraph (1)—

(a) the approval of annual reports and accounts;

(b) the approval of any budget or other financial plan.

(3) Sub-paragraph (1) does not affect the responsibility of the Committee for the exercise of its functions.

General powers

13

(1) The Committee may do anything which appears to it—

(a) to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions;

(b) to be conducive to the exercise of its functions.

(2) In particular, the Committee may—

(a) enter into contracts;

(b) with the agreement of the Scottish Ministers, borrow money;

(d) obtain advice and assistance from any person who, in the Committee's opinion, is qualified to give it.

(3) The Committee may pay to any person from whom advice or assistance is obtained such fees, remuneration and allowances as the Committee may, with the agreement of the Scottish Ministers, determine.

SCHEDULE 2

Hill Farming Act 1946 (c. 73)

1

In section 23(1) of the Hill Farming Act 1946 (prohibition of muirburn at certain times), after “section” insert “ and to section 23A, ”.

Environment Act 1995 (c. 25)

2

In section 41(1) of the Environment Act 1995 (power to make schemes imposing charges), after paragraph (e), insert—

(f) as a means of recovering costs incurred by it in performing functions conferred by regulations under section 79 of the Climate Change (Scotland) Act 2009 (asp 12), SEPA may require the payment to it of such charges as may from time to time be prescribed;

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

3

In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies) at the appropriate place, insert— “ The Scottish Committee on Climate Change ”.

Scottish Public Services Ombudsman Act 2002 (asp 11)

4

In the Scottish Public Services Ombudsman Act 2002, in Part 2 of schedule 2 (listed authorities) at the appropriate place, insert— “ The Scottish Committee on Climate Change ”.

Freedom of Information (Scotland) Act 2002 (asp 13)

5

In the Freedom of Information (Scotland) Act 2002, in Part 7 of schedule 1 (Scottish public authorities) at the appropriate place, insert—

The Scottish Committee on Climate Change

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

6

In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities) at the appropriate place in the list of advisory bodies, insert— “ The Scottish Committee on Climate Change ”.

Housing (Scotland) Act 2006 (asp 1)

7

In the Housing (Scotland) Act 2006, section 179 (duty of Scottish Ministers to prepare strategy for improving energy efficiency of living accommodation) is repealed.

Annual report on emissions reduction

Meaning of advisory body

Duties of public bodies relating to climate change

Microgeneration in non-domestic buildings

Restrictions on the disposal of unsold consumer goods

Programmes for adaptation to climate change

Air source heat pumps and micro wind turbines in domestic properties

Information on waste

Public engagement

Status

Membership of the Committee

Period, and conditions, of appointment of members

Persons not eligible for appointment

Removal of members of Committee

Remuneration, allowances and pensions of members

Chief executive and other employees

Accounts

Reports

Sub-committees

Proceedings

Delegation of functions

General powers

Hill Farming Act 1946 (c. 73)

Environment Act 1995 (c. 25)

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

Scottish Public Services Ombudsman Act 2002 (asp 11)

Freedom of Information (Scotland) Act 2002 (asp 13)

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

Housing (Scotland) Act 2006 (asp 1)

Editorial notes

[^key-d7adc0239cb59a5e9dc1c44e0f70d862]: S. 13 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-306f390188bca662ce84cb4f2a6bedb7]: S. 16 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-1bcc7e3ad9e2c4f26c2b750d18dd5f6a]: S. 20 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-4b4ddb6ebaee98c2fc639920fb4896dc]: S. 79 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-ff05a96959cecc3235749fbd8946fb76]: S. 74 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-e0a5f5b197802f2ab24137f0981525ed]: S. 58 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-c4de297f19e6a7ccc72e6dc9e5e51b53]: Sch. 2 para. 2 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(c)

[^key-c72a39f2cb9e9093bf309fe9010abf6c]: Sch. 2 para. 7 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(c)

[^key-6effa33d85deb8667d275874b3df581c]: Sch. 2 para. 1 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(c)

[^key-49ef0ebd4118f7ce85861512882b3ca2]: S. 24 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-c8f5e52621ac9e1ad95507afa8e587bb]: S. 26 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-6cdef83d77c6faa7b7758e5c3790fd38]: S. 43 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-7c2f8133dc9abd121b82aea4d6481a0d]: S. 53 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-5b4b7efd9fee182bbad221e00607225a]: S. 55 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-2018af33260e50ecf2b7830a08470d15]: S. 57 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-9e2debff578648ce9e402ae11894d751]: S. 62 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-05f3f6849a257dfd342607f98443c586]: S. 95 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-84f17db6dec82d320a7714f756aa3276]: S. 97 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-54848fa904c81d044c2d5ea09729532f]: S. 98 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-68447947461104c41f46c737fdd26ff3]: S. 99 in force at 31.10.2009 for specified purposes by S.S.I. 2009/341, art. 2(2)(b)

[^key-6f6bfaff9f05a97bcc30df2cae7696de]: S. 9 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-c89e9e98a15c82366995102ff765a866]: S. 10 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-f31e92979133f0a7f1eaeb742d410b25]: S. 11 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-45f2cebbeaf8d32a693031921a3545af]: S. 12 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-9c84e3ea0ab0a14c15b56805cf54a369]: S. 15 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-bdea38e46fdaf4bcc80587687468a231]: S. 17 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-0692b5e36b4f6235c49a2408dd5625e2]: S. 18 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-7e3305c3e97ed422891d450ca28d1d7d]: S. 19 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-f455ae21f7d5210b5f72bd45914ceeab]: S. 34 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-08cef488a3770ce24006c6bc634116d0]: S. 36 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-3dcace9737ded5cb416096725beea0b4]: S. 37 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-657fd4a443808cbf02ab0074971fe79f]: S. 42 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-b7753f4092da13d27aaac30715478a03]: S. 54 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-417c5dd20bd3d10cf1a519917c0ad23a]: S. 60 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-84cdbd7bdd7432ccecac98e36833c687]: S. 61 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-d65fc4e3dda2b26cf49ee0a4f568e9e0]: S. 75 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-29a289b4e4f6fe38ac9978231ed75bac]: S. 76 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-9ff8903684ff8a2419d9d60e0fcdb138]: S. 77 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-c93b6f32661e3c1b6e1db6e95c16b10a]: S. 78 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-8210973560f24a18e2b88a46bb90e3d5]: S. 80 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-f85147d74e3ac2bd30c741f43306d637]: S. 81 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-eee2602ce72373635efd0f262217805a]: S. 82 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-b625c196e99825380ed41ddbeba48acb]: S. 83 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-99bf00a1886191d97a7c843690deac64]: S. 84 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-b904bb5caf50c72860234c04f515200a]: S. 85 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-3041f85a38a6be7cb9a5aa44902e6877]: S. 86 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-c4a896124aecbfa19fa0d597ff03b53b]: S. 87 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-6a55e275eef95d5f74b8d4095e13c14b]: S. 88 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-854d5d7e802b4182b555cbac66aab2d3]: S. 89 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-e22dd594fe4a5c96b67ec2bfd60c081e]: S. 90 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-cbdac662cac194377cab1b33735cd0c6]: S. 91 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-effce287b2f57bd26b0142d6f3e1fd44]: S. 92 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-765687b9d9ba5b9a2fcf93971c9aebeb]: S. 93 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-92f9f9a72b3260288c711ec769524b7f]: S. 94 in force at 31.10.2009 by S.S.I. 2009/341, art. 2(2)(a)

[^key-e0cf7db1df19bc818e58ca0433b220ea]: S. 65 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)

[^key-7e670333168012aab6a55ed5b2e56a03]: S. 66 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)

[^key-e8575df4fb049543875894e41a11e11a]: S. 67 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)

[^key-68913d6cac263ee2da5999b7df9f05dd]: S. 69 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)

[^key-1a3f9cb18fe2611e36e08ddc9f291da6]: S. 68 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)

[^key-dc0af82a0bd8f013c7162a0788ccd662]: S. 63 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)

[^key-e931d049e003618594980a084abd06b1]: S. 71 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)

[^key-8eb7c172c5ad980b203235f3bb03ee78]: S. 64 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)

[^key-6356adb147d1502ee843513102aaed35]: S. 44 in force at 1.1.2011 by S.S.I. 2009/341, art. 2(4)

[^key-8ebff45b7e8ea9d74f89e759e63893f8]: S. 45 in force at 1.1.2011 by S.S.I. 2009/341, art. 2(4)

[^key-ac04a64fcf1fe124daa0b93b46a48806]: S. 46 in force at 1.1.2011 by S.S.I. 2009/341, art. 2(4)

[^key-72ecc99011b181d23e642c9df9c66db1]: S. 47 in force at 1.1.2011 by S.S.I. 2009/341, art. 2(4)

[^key-84f8f993825bf698cb4df6ebaefadff4]: S. 48 in force at 1.1.2011 by S.S.I. 2009/341, art. 2(4)

[^key-c183a55e9c392ba977d59d21d1263550]: S. 49 in force at 1.1.2011 by S.S.I. 2009/341, art. 2(4)

[^key-d2393e9b07679fae0a3b37af8f0ab329]: S. 50 in force at 1.1.2011 by S.S.I. 2009/341, art. 2(4)

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