Office of Public Sector Information
1.These Explanatory Notes have been prepared by the Scottish Government in order to assist the reader of the Act and to help inform debate on it. They do not form part of the Act and have not been endorsed by the Scottish Parliament.
2.The Notes should be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or schedule, or a part of a section or schedule, does not seem to require any explanation or comment, none is given.
3.Climate change is one of the most serious threats facing Scotland and the world. The most severe consequences include famine, drought and extinction of species. Urgent action is needed by all nations to avoid the most severe climate change.
4.The aim of the Climate Change (Scotland) Act is to establish a framework to drive greater efforts at reducing Kyoto Protocol greenhouse gas emissions in Scotland. The Act creates mandatory climate change targets to reduce Scotland’s greenhouse gas emissions.
5.The provisions in the Act set a long-term target to reduce Scotland’s emissions of Kyoto Protocol greenhouse gases by at least 80% by the year 2050. This long-term target is supported by a 2020 interim target and a framework of annual targets intended to drive the policies necessary for achieving the long-term target. Many of the policy measures required to meet these targets will not require legislation to implement, but certain climate change mitigation and adaptation policies have been identified which do require legislation and this Act contains provisions in Part 5 to allow these to be taken forward.
6.The Act is separated into six parts.
Part 1 creates the statutory framework for the greenhouse gas emissions reductions in Scotland by setting an interim 42% reduction target for 2020, with the power for this to be varied based on expert advice, and an 80% reduction target for 2050. To help ensure the delivery of these targets this Part of the Act also requires that the Scottish Ministers set annual targets, in secondary legislation, for Scottish emissions from 2010 to 2050.
Part 2 contains provisions which will allow the Scottish Ministers to establish a Scottish Committee on Climate Change or to designate an existing body to exercise advisory functions.
Part 3 places duties on the Scottish Ministers requiring them to report regularly to the Scottish Parliament on Scotland’s emissions and on the progress being made towards the emissions reduction targets set by the Act.
Part 4 places climate change duties on public bodies requiring them to act in the way (a) best calculated to deliver the emissions reduction targets, (b) best calculated to deliver adaptation programmes made under the Act, and (c) that they consider most sustainable. This Part also contains powers to allow the Scottish Ministers, by order, to impose further duties on public bodies in relation to climate change and to require that they report upon the discharge of those duties. It also imposes on the Scottish Ministers a requirement to issue guidance to those bodies relating to their climate change duties.
Part 5 – Chapter 1 requires the Scottish Ministers to lay programmes on adaptation to climate change before the Scottish Parliament, and to report on these programmes and the progress made under them.
Part 5 – Chapter 2 places a duty on the Scottish Ministers to produce a land use strategy and provides for an enabling power for the Scottish Ministers to vary, but not shorten, the permitted times during which muirburn may be made where they consider it necessary or expedient to do so in relation to climate change. This chapter also allows modification by secondary legislation of the functions of the Forestry Commissioners to enable the Forestry Commission in Scotland to play a greater role in tackling climate change.
Part 5 – Chapter 3 contains a range of provisions relating to energy efficiency. These include -
production by the Scottish Ministers of a plan for the promotion and improvement of energy efficiency:
production by the Scottish Ministers of a plan for promoting of the use of heat from renewable sources:
the making of regulations regarding the assessment and improvement of the energy performance of non-domestic buildings and living accommodation:
a duty on local authorities to establish energy efficiency discount schemes using the council tax system:
provisions enabling the Scottish Ministers to make regulations in respect of non-domestic rates discounts related to energy efficiency:
a “climate change burden” that can be added to a property’s title deeds to specify the mitigation or adaptation standards that must be met when the burdened property is developed:
provision on Tenement Management Schemes:
provisions on permitted development rights for the installation, alteration or replacement of microgeneration equipment in domestic and non-domestic buildings:
changes to the Town and Country Planning (Scotland) Act 1997 so that development plans contain policies for reducing the greenhouse gas emissions of new buildings by the installation of low and zero carbon technologies:
the promotion by Scottish Water of water conservation and water-use efficiency.
Part 5 – Chapter 4 contains provision regarding the procurement and construction of buildings which become part of the civil estate in Scotland and sets out duties concerning reports which must be made concerning the efficiency and sustainability of the civil estate.
Part 5 – Chapter 5 contains provisions which enable the Scottish Ministers to make regulations relating to the acquisition of accurate information about waste and the promotion of waste reduction and recycling by different methods.
Part 6 contains provisions of a general nature including provisions which require the Scottish Ministers to prepare and publish a public engagement strategy and to lay before Parliament, at the same time as they lay before Parliament draft budget proposals for the use of resources in any financial year, a document describing the impact on greenhouse gas emissions of the activities to be funded by virtue of those proposals.
7.Part 1 of the Act creates the statutory framework for greenhouse gas emissions reductions in Scotland by setting a 42% reduction target for 2020, which the Scottish Ministers may modify by order subject to affirmative resolution, and an 80% reduction target for 2050. To help ensure the delivery of these targets the Act requires that the Scottish Ministers set annual targets, in secondary legislation, for Scottish emissions from 2010 to 2050.
8.Section 1 sets out the 80% target for 2050. Subsection (1) defines the obligation on the Scottish Ministers as reducing the net Scottish emissions account by at least 80% by 2050 relative to the defined baseline year. The net Scottish emissions account is defined in section 13, and the baseline year in section 11, of the Act. For any one year it will consist of the total of Scottish emissions, reduced by the amount of Scottish removals and adjusted to reflect carbon units credited and debited to the account.
9.Section 2 sets out the 42% interim target for 2020. Subsection (1) defines the obligation on the Scottish Ministers as reducing the net Scottish emissions account by at least 42% by 2020 relative to the defined baseline year. Subsection (3) enables the Scottish Ministers to modify this figure and to replace it with a figure provided by the relevant body as the highest achievable interim target, or with a higher figure.
10.Subsection (4) places a duty on the Scottish Ministers to request advice from the relevant body, currently the UK Committee on Climate Change (UKCCC), as soon as reasonably practicable after Royal Assent. This request must be for advice as to whether the interim target is the highest achievable target and, if not, what the highest achievable interim target is. The factors that must be had regard to in determining what the highest interim target is are set out in subsection (5).
11.Subsection (6) requires the Scottish Ministers to publish the advice requested under subsection (4) no later than 31 December 2009 or as soon as reasonably practicable thereafter.
12.Subsection (7) requires the Scottish Ministers to comply with either of the duties set out in subsection (8) as soon as reasonably practicable after the advice is published. These duties are (a) to lay before the Scottish Parliament a draft of a statutory instrument substituting for the interim target figure specified in subsection (1) the one provided by the relevant body or (b) to make a statement to the Scottish Parliament setting out the reasons why no such draft statutory instrument has been laid.
13.Subsection (9) requires the Scottish Ministers, if an appropriate Community instrument comes into force, to lay before the Scottish Parliament a draft of a statutory instrument containing an appropriate order before the expiry of the appropriate period. The terminology used in subsection (9) is defined in subsections (10), (11) and (12). In this section, an “appropriate Community Instrument” is an instrument of the European Community which amends Decision 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the efforts of Member States of the European Union to reduce their greenhouse gas emissions. The appropriate Community Instrument must also contain a commitment to reduce, by 2020, European Union greenhouse gas emissions by 30% compared to 1990 levels.
14.In the event that a draft of an appropriate order is not laid before the expiry of the appropriate period, subsection (13) requires the Scottish Ministers to lay the draft as soon as reasonably practicable thereafter.
15.Subsection (14) provides that subsections (9) to (13) cease to apply if, for the time being, the interim target is set at a figure higher than 42%.
16.Subsection (1) of section 3 requires the Scottish Ministers to set annual targets for the maximum amount of the net Scottish emissions account for each year in the period 2010 to 2050 and must ensure that those targets are not exceeded.
17.Subsection (2) sets out criteria that the annual targets must meet. Paragraph (a) specifies that the annual target for the year 2010 is an amount which is less than the estimated net Scottish emissions account for 2009. Paragraph (b) requires that the targets for each year in the period 2011 to 2019 must be set so that each is consistent with a reduction that is in line with achieving the interim target and the 2050 target. Paragraph (c) requires that the targets for each year in the period 2020 to 2050 must be set so that each is consistent with a reduction that is in line with achieving the 2050 target, and that each annual target is an amount which is at least 3% less than the target for the preceding year.
18.Section 4 contains a number of conditions which must be met when the Scottish Ministers set annual targets. Subsections (1) and (2) establish that the targets must be set by order and must be set for certain periods by specified dates.
19.Subsection (3) imposes a duty on the Scottish Ministers when setting annual targets to have regard to any advice they receive from the relevant body as to the cumulative amount of net Scottish emissions for the period 2010 to 2050 that is consistent with a reduction over that period which would achieve the 2050 target.
20.Subsection (4) details a list of criteria which must be considered by the Scottish Ministers when setting annual targets. This largely replicates the list in section 2(5) but also includes in paragraph (a) the objective of not exceeding the fair and safe Scottish emissions budget (i.e. cumulative emissions, as defined in subsection (6)). This list is not intended to be the sole list of factors that the Scottish Ministers may consider when setting annual targets and additional factors can also be considered.
21.Section 5 requires that the Scottish Ministers request and publish advice from the relevant body before laying a draft order containing annual targets. That request must ask for the relevant body’s views on the topics set out in subsection (2). The Scottish Ministers must also publish a statement explaining why the annual targets are being set at the levels they are and how these annual targets take account of the target-setting criteria described in section 4(4) of the Act. If the Scottish Ministers have chosen to set annual targets at levels which differ from the expert advice provided, they must publish a statement setting out the reasons why. Subsection (7) defines “relevant body” for the purposes of the Part, which will be the UKCCC or a Scottish body designated under section 24.
22.Section 6 allows the Scottish Ministers to modify, by order, the minimum annual target percentage reduction applying from 2020, annual targets, dates by which annual targets must be set and the target-setting criteria. The annual targets set by order may be modified only if the Scottish Ministers consider it appropriate to do so as a result of a modification of the interim target or if there has been another significant change to the basis on which the annual target was set. Subsections (2) and (3) place a requirement on the Scottish Ministers to lay a report before the Parliament at the same time as laying the draft modifying order explaining why the modification is required and to make a statement to the Parliament relating to this report.
23.Subsections (4) and (7) constrain the ability to modify the 3% minimum reduction in emissions so that this can be used only where it is no longer considered necessary for that minimum to be achieved, and it can expressly not be used to substitute a percentage of less than zero. Subsection (6) provides that an order modifying either the date by which annual targets are to be set, or the target-setting criteria, may be made only where the Scottish Ministers consider it appropriate. Subsection (8) constrains the ability to modify annual targets so that it can be exercised only before the beginning of the year to which the target relates and cannot be used if it would result in the target for the year being greater than the target for the preceding year (i.e. allowing emissions to increase between years).
24.Section 7 requires the Scottish Ministers to request advice from the relevant body before laying an order for modification under section 6. If this advice is not followed, this provision requires the Scottish Ministers to lay before the Parliament a report explaining why and to make a statement to the Parliament relating to the report.
25.Section 8 places a duty on the Scottish Ministers to ensure that reductions in net Scottish emissions of greenhouse gases make up at least 80% of the reduction in the net Scottish emissions account in any target year. This is the “domestic effort target”.
26.Subsection (3) provides that any reduction in the net Scottish emissions account that is the result of “European carbon units” being credited to that account is, for the purpose of the domestic effort target, to be treated as though it is a reduction in net Scottish emissions. Subsection (4) defines “European carbon units” by reference to the European Union Emissions Trading Scheme or other equivalent trading scheme and subsection (5) defines “trading scheme”.
27.Subsection (6) enables the Scottish Ministers to modify, by order, the percentage figure contained in subsection (1) so as to substitute a higher figure. Subsection (7) requires that advice from the relevant body must be requested by the Scottish Ministers before laying a draft of a statutory instrument containing an order under subsection (6) (i.e. a modification order), and subsection (8) requires the Scottish Ministers to publish a statement if they set a percentage figure different from that advised by the relevant body.
28.Section 9 requires the Scottish Ministers, from 2011, to request the relevant body to prepare a report on its views on the progress towards achievement of annual targets, the interim target and the 2050 target, on whether these targets are likely to be achieved and on what further effort may be required to meet the targets.
29.Subsection (2) requires that no later than the end of the second year following an annual target, the Scottish Ministers must request the relevant body to prepare a report detailing its views on whether the domestic effort target was met in that target year, whether the annual target for the target year was met, the ways in which those targets were or were not met and the action taken by the Scottish Ministers to reduce net Scottish emissions during that year. Subsection (3) requires the Scottish Ministers to lay a response to this report before the Scottish Parliament as soon as reasonably practicable after receiving the report.
30.Section 10 defines the greenhouse gases targeted by the Act and allows for this list of gases to be amended, by order, by adding gases or modifying their description. The power to add new greenhouse gases may be exercised only if it appears to the Scottish Ministers that European or international agreements or arrangements recognise the contribution to climate change of a gas. Before laying an order modifying section 10(1), the Scottish Ministers must request advice from the relevant body.
31.Section 11 defines the baseline years for each greenhouse gas covered by the emissions reduction targets set by the Act.
32.Section 12 applies in the situation where the list of target gases for the Act is expanded and a baseline year is required. If a new greenhouse gas is added to the list of target gases for the Act, subsections (3) and (4) allow the Scottish Ministers to specify by order what the baseline year is to be and how the net Scottish emissions are to be determined for the baseline year for the new gas.
33.Section 13 defines the net Scottish emissions account as the aggregate of net Scottish emissions, minus any carbon units credited to the account for the period plus any carbon units debited from the account for the period.
34.Subsection (2) provides that the net Scottish emissions account for a target year may not be credited with an amount of carbon units which exceeds the “allowable amount”. Subsection (3) defines the term “allowable amount” as (a) the amount equal to the limit, set by virtue of subsection (1) of section 21 (Limits on use of carbon units), on the net amount of carbon units that may be credited to net Scottish emissions accounts during the period which includes the target year, or (b) where a net amount of carbon units has been credited to the net Scottish emissions account for any other target year in that period, the balance (if any) remaining of the amount referred to in paragraph (a). Subsection (4) states that the term “net amount of carbon units” has the meaning given by subsection (3) of section 21.
35.Subsection (5) enables the Scottish Ministers to provide in regulations which carbon units can be credited to and debited from the net Scottish emissions account and how this can be done. Subsection (6) provides that regulations must ensure that, where carbon units are used to reduce the net Scottish emissions account, they are not also used to offset other emissions elsewhere. This could otherwise lead to “double-counting”.
36.Section 14 places restrictions on the use in the period 2010 to 2017 of carbon units purchased by the Scottish Ministers. Subsection (1) prohibits the Scottish Ministers from crediting the net Scottish emissions accounts for the years 2010 to 2012 with carbon units that they have purchased. Subsection (2) provides when subsection (1) applies. Subsection (3) restricts the Scottish Ministers ability to credit the net Scottish emissions account for a year in the period 2013-2017 with carbon units purchased by them up to a limit of 20% of the reduction in the amount of the net Scottish emissions account planned for that year.
37.Section 15 defines which emissions of greenhouse gases are attributable to Scotland for the purposes of the definitions contained in section 17. These are emissions of greenhouse gases emitted from sources in Scotland and the share attributed to Scotland by an order made in terms of section 16 of emissions from international aviation and international shipping.
38.Section 16 allows the Scottish Ministers to make provision, by order, for a proportion of emissions from international aviation and international shipping to be attributed to Scotland. Subsection (2) provides that orders must make provision for emissions of each greenhouse gas in the list in section 10(1) and any greenhouse gas added to that list to be taken into account in the period starting with 1 January following on from the order being approved by the Parliament and ending on 31 December 2050. Also, orders must make provision regarding the manner in which such emissions are to be taken into account in determining Scottish emissions of that gas for the baseline year and in the period in which such emissions of that gas are to be taken into account as Scottish emissions. Subsection (2) also provides that an order 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 such a gas. Once such emissions of greenhouse gases are being taken into account an order may not provide that they cease to be so taken into account.
39.Subsection (3) requires that provision made by virtue of an order under subsection (1) must, for each greenhouse gas, include the use of a multiplier which reflects the climate change impacts of emissions made at altitude by international aviation. Subsections (4) and (5) provide that a first draft order must be laid before the Scottish Parliament no later than 1 June 2010, or as soon as reasonably practicable afterwards. Before laying such an order, the Scottish Ministers must, in terms of subsection (6), seek advice from the relevant body. Subsection (7) provides that if this advice is not followed, the Scottish Ministers must publish a statement explaining why they are following a different approach.
40.Section 17 defines Scottish emissions and Scottish removals of greenhouse gases, and defines the total of these for a period as the net Scottish emissions for that period.
41.Subsection (2) allows the Scottish Ministers to modify the definition of Scottish removals by order. Subsection (3) requires the amount of emissions and removals of a greenhouse gas to be determined, in so far as reasonably practicable, consistently with international carbon reporting practice, as defined in section 19.
42.Section 18 provides that emissions, emissions reductions and removals are to be measured in tonnes of carbon dioxide equivalent, and defines that term.
43.Section 19 defines international carbon reporting practice in terms of the protocols to the United Nations Framework Convention on Climate Change, or other European or international arrangements or agreements which the Scottish Ministers specify by order. This power allows the definition to be updated to take account of new international arrangements and agreements.
44.Section 20 enables the Scottish Ministers to define “carbon unit” in regulations and provides them with the power by regulations to establish a scheme or use an existing scheme for the registering and tracking of carbon units and for establishing and maintaining accounts in which carbon units may be held.
45.Section 21 requires the Scottish Ministers to set limits on the net amount of carbon units which may be credited to net Scottish emissions accounts for specified periods.
46.Subsection (2) lists the periods for which limits on the net amount of carbon units must be set and specifies the dates by which those limits must be set. Subsection (3) defines the term “net amount of carbon units”. Subsection (4) provides that an order may exclude certain specified carbon units from counting towards any limit set and subsection (5) requires that if the limit for a period is not set by the corresponding deadline, the limit must be set as soon as reasonably practicable afterwards.
47.Section 22 enables the Scottish Ministers to modify, by order, any limits which have been set on the amount of carbon units that may be credited to the net Scottish emissions account and any dates associated with the limits on carbon units.
48.Subsection (2) specifies the circumstances when this order may be made: in the case of an order altering a limit set, where there has been a modification of the interim target or another significant change to the basis on which the limit was set; and, in the case of an order altering a date by which a limit must be set, where the Scottish Ministers consider it appropriate to do so.
49.Section 23 requires the Scottish Ministers to request advice from the relevant body (the UKCCC or a Scottish body designated under section 24 of the Act) before setting or modifying limits on the net amount of carbon units which may be credited to net Scottish emissions accounts for specified periods. If provision is made that is different to that recommended by the relevant body, the Scottish Ministers must publish a statement setting out the reasons why.
50.The emissions reduction provisions in the Act impose duties on the Scottish Ministers which require them to establish annual emissions reductions targets in secondary legislation. Ministers will be required to seek expert, independent advice in advance of setting or modifying annual targets, adding greenhouse gases to the list in the Act, or making provision attributing a proportion of emissions of greenhouses gases from international aviation and international shipping to Scotland.
51.Subsection (1) of section 24 gives the Scottish Ministers the power by order to designate a body or person to undertake the advice functions in sections 2, 5, 7, 9 and 10 and the additional advice functions in sections 27 to 32 and 56. Thereafter the body or person will be referred to as the advisory body and will take on the role otherwise performed, by virtue of section 5(7), by the UKCCC. The order may designate the body established under section 25 (Scottish Committee on Climate Change) or such other public body as the Scottish Ministers consider appropriate.
52.Subsection (3) sets out the functions (the “advisory functions”) which the advisory body has.
53.Subsection (4) sets out examples of what an order under subsection (1) may provide for, such as the information that advice from the advisory body must contain. Subsection (5) defines the term “public body” for the purposes of subsection (1).
54.Section 25 allows the Scottish Ministers to establish, by order, a body to undertake the advisory functions under the Act. If established, this body would be known as the Scottish Committee on Climate Change.
55.Subsection (3) gives effect to schedule 1 which sets out details of the constitution and operation of this Committee and subsection (4) identifies the types of further provision which may be included in an order establishing the Scottish Committee on Climate Change.
56.Section 26 makes it clear that the obligations for the advisory body to provide advice to the Scottish Ministers under sections 27 to 32 and 56 do not apply until the order under section 24 by the Scottish Ministers designating the advisory body comes into force, or such later date as the Scottish Ministers may specify in the order. Until such an advisory body is designated, the Scottish Ministers will seek advice from the UKCCC (which will be the relevant body for the purposes of sections 5 to 9).
57.Section 27 obliges the advisory body to respond to requests by the Scottish Ministers for advice on proposed annual targets and proposed modifications related to annual targets.
58.Subsection (2) requires the advisory body, when providing advice in respect of setting annual targets, to provide a view (a) in the case of annual targets proposed for 2010 to 2020, as to whether those targets are consistent with a reduction in line with achieving the interim and 2050 targets, (b) in the case of annual targets proposed for 2021 to 2050, as to whether those targets are consistent with a reduction in line with achieving the 2050 target and (c) in all cases as to what annual targets are appropriate.
59.Subsection (3) requires the body to express views on a number of factors relating to annual targets. Specifically, it should provide a view on the extent to which the annual targets should be met by taking action to reduce emissions or by the use of carbon units. It should also express a view on the contributions to annual and domestic effort targets which may be made by sectors covered by trading schemes and those not covered by such schemes, and the contributions to annual targets that may be made by energy efficiency, energy generation, land use and transport.
60.Subsection (4) allows the advisory body, when providing advice on annual targets, to express a view on any other matter it considers appropriate, in particular on the opportunities for any sectors of the Scottish economy to contribute to meeting annual targets through reduction of emissions. Subsection (5) requires the advisory body, when providing advice in respect of setting annual targets, to express a view on the cumulative amount of emissions for the period 2010 to 2050 that is consistent with a reduction that would allow the 2050 target to be met.
61.Subsection (6) provides that the body must provide its advice within such period as reasonably requested by the Scottish Ministers. Subsection (7) defines the meaning of “traded sector” for subsection (3)(b)(i). This refers to the definition contained in section 44 of the UK Climate Change Act 2008.
62.Section 28 requires the advisory body to prepare an annual report setting out its views on the Scottish Ministers’ progress towards meeting the annual targets, the interim target, and the 2050 target. It must also provide views on whether these targets are likely to be achieved and views on any further action considered necessary to achieve these targets. This duty will be activated by the Scottish Ministers at an appropriate time after an advisory body has been designated.
63.Subsection (3) requires that the advisory body’s report in a relevant year must express a view on matters specified in subsection (6) which are whether the annual target and domestic effort target for the target year was met, the ways in which those targets were or were not met, and a view on the action taken by the Scottish Ministers to reduce greenhouse gas emissions during that year. Subsection (4) provides that the “relevant year” will be such year as the Scottish Ministers may, by order, designate subject to certain conditions set out in subsection (5).
64.Subsection (7) specifies deadlines for laying the reports before the Scottish Parliament.
65.Section 29 obliges the Scottish Ministers to respond to a report provided by the advisory body under section 28. This response must be laid before the Scottish Parliament no later than 31 March in the third year following the year for which an annual target has been set, or any other date as the Scottish Ministers may, by order appoint.
66.Section 30 obliges the advisory body to respond to requests for advice, analysis, information and assistance by the Scottish Ministers in connection with Ministers’ functions under the Act, their other climate change functions, or in relation to climate change generally.
67.Section 31 provides that the advisory body must have regard to any guidance given by the Scottish Ministers in respect of carrying out its functions under the Act. Subsection (2) provides that the Scottish Ministers may not give the body guidance on the content of any advice or report. Subsection (3) allows the Scottish Ministers to vary or revoke any guidance issued.
68.Section 32 gives the Scottish Ministers the power to direct the advisory body in terms of its functions under the Act. Subsection (2) provides that the Scottish Ministers may not direct the body on the content of any advice or report and subsection (3) allows the Scottish Ministers to vary or revoke the directions. Subsection (4) requires the body to comply with any directions given.
69.The Act requires that the Scottish Ministers report regularly to the Scottish Parliament on Scotland’s emissions and on the progress being made towards the emissions reduction targets set by the Act.
70.Section 33 requires the Scottish Ministers to lay annual reports before the Scottish Parliament in respect of each year from 2010 to 2050. Subsections (2) to (6) specify information that the annual report must contain. This includes whether the annual target and domestic effort target have been met, and if they have not, the report must explain why. Subsection (7) requires the annual report to be laid before the Scottish Parliament no later than 31 October in the second year after that to which the annual target discussed in the report relates.
71.Section 34 specifies further information that must be contained in each annual target report. Subsection (3) requires that the report must state, among other things, the proportion of the reduction in the net Scottish emissions account which is accounted for by reductions in net Scottish emissions. Subsection (4) requires the report to include information on electricity consumption and generation, the average greenhouse gas emissions per megawatt hour of electricity generated, and the average greenhouse gas emissions per megawatt hour, and the estimated lifetime cumulative emissions, of any new electricity generation capacity greater than 50 megawatts. Subsection (5) requires that the report for each year in the period 2011 to 2050 must state the amount of the net Scottish emissions account for each preceding target year, and the cumulative amount of the net Scottish emissions account for the target year and all preceding target years.
72.Subsections (7) and (8) make provision regarding the adjustment of previously reported information, including specific reporting that must be made in the event of such an adjustment.
73.Subsection (1) of section 35 requires the Scottish Ministers to lay before the Scottish Parliament a report as soon as reasonably practicable after making an order under section 4 setting annual targets. That report must contain the information set out in subsections (8) to (11).
74.Subsection (2) requires the Scottish Ministers to lay a draft of the report before Parliament before laying the actual report. By virtue of subsections (3) and (4) the actual report may not be laid until the expiry of a 60-day “period for Parliamentary consideration”. Of those 60 days no fewer than 30 must be days on which the Parliament is not dissolved or in recess.
75.Subsection (5) requires the Scottish Ministers, before laying the report, to have regard to any representations on the draft report made to them, any resolution passed by Parliament relating to the draft report, and any report relating to the draft report published by any parliamentary committee. Subsection (6) provides that the Scottish Ministers, when laying the actual report, must also lay a statement setting out details of the representations etc. that were made in respect of the draft and any changes that were made in response to these, including the reasons for those changes.
76.Subsection (8) requires this report to set out the Scottish Ministers’ proposals and policies intended to meet the annual targets, and their timescales, with an explanation of how these are expected to contribute towards the delivery of the interim target, the 2050 target, and in each target year, the domestic effort target. Subsection (9) requires that the report must, in particular, detail proposals and policies regarding the respective contributions to meeting the annual targets that should be made by (a) energy efficiency, (b) energy generation, (c) land use, and (d) transport. Subsection (10) requires the report to explain how the proposals and policies are expected to affect the different sectors of the Scottish economy. Subsection (11) requires the second and each subsequent report to provide an assessment of progress towards implementation of the policies and proposals in earlier reports, and make any adjustments to those proposals and policies which are considered appropriate.
77.If the annual report indicates that the annual target or domestic effort target has not been met, section 36 requires the Scottish Ministers to lay a report before the Scottish Parliament, which sets out proposals and policies to compensate in future years for the excess emissions.
78.Section 37 requires the Scottish Ministers to lay a report before the Scottish Parliament in respect of each year in the period from 2010 to 2050 setting out, in so far as reasonably practicable, the emissions of greenhouse gases, whether in Scotland or elsewhere, which are produced by or associated with the consumption and use of goods and services in Scotland during that year. The report can also contain other information the Scottish Ministers think appropriate.
79.Section 38 requires the Scottish Ministers to lay a report before the Scottish Parliament in respect of each year in the period from 2010 to 2050 setting out, in so far as reasonably practicable, the impact on net Scottish emissions resulting from the exercise by the Scottish Ministers of any of their statutory functions relating to energy generation.
80.Section 39 requires the Scottish Ministers, no later than 31 December 2015, to lay before the Scottish Parliament a report on progress towards meeting the interim target. The report must, in particular, indicate whether progress in reducing net Scottish emissions is in line with a reduction over the period 2010 to 2020 which would allow the interim and 2050 targets to be met.
81.Section 40 requires the Scottish Ministers to lay a report before the Scottish Parliament in respect of the interim target for the year 2020. Subsections (2) to (8) determine what the report must contain and its timescale for laying.
82.Section 41 requires the Scottish Ministers to lay a report before the Scottish Parliament in respect of the 2050 target. Subsections (2) to (8) determine what the report must contain and its timescale for laying.
83.Subsections (1) and (2) of section 42 provide that where the Scottish Ministers lay various reports before the Scottish Parliament relating to annual targets, proposals and policies to compensate for excess emissions, the interim target and the 2050 target, they must immediately send a copy of the report to the persons who convene Scottish Parliament committees and, as soon as reasonably practicable, make a statement on the report to the Scottish Parliament. Subsection (3) requires that in terms of the report on the annual target, the Scottish Ministers must attend, if invited, Scottish Parliament committees to give evidence on the report. All of these duties apply only as far as is reasonably practicable. Subsection (4) requires the Scottish Ministers to have regard to any resolution passed by the Scottish Parliament or report made by a parliamentary committee relating to the content of any report mentioned in subsection (2).
84.Section 43 enables the Scottish Ministers to impose new duties on themselves, by order, to report to the Scottish Parliament if they consider it appropriate to do so. Subsection (2) sets out further provision which may also be made by such an order.
85.Subsection (1) of section 44 places specific climate change duties on public bodies. They must, in exercising their functions, act in the way best calculated to achieve delivery of the targets in the Act, the way best calculated to help deliver any programme laid under section 53 of the Act (adaptation) and in a way that they consider most sustainable. Subsection (2) defines the term “public body”.
86.Subsection (3) enables the Scottish Ministers, by order, to impose further duties on public bodies in relation to climate change (in addition to those specified in subsection (1)). Subsection (6) allows the order to make different provision for different public bodies. A body which has climate change duties under subsection (1) or by virtue of an order under subsection (3) is a “relevant public body” (subsection (5)).
Climate Change (Scotland) Act 2009 