Climate Change (Scotland) Act 2009
| Jurisdiction | Scotland |
| Citation | 2009 asp 12 |
Climate Change (Scotland) Act 2009
2009 asp 12
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th June 2009 and received Royal Assent on 4th August 2009
An Act of the Scottish Parliament to set a target for the year 2050, an interim target for the year 2020, and to provide for annual targets, for the reduction of greenhouse gas emissions; to provide about the giving of advice to the Scottish Ministers relating to climate change; to confer power on Ministers to impose climate change duties on public bodies; to make further provision about mitigation of and adaptation to climate change; to make provision about energy efficiency, including provision enabling council tax discounts; to make provision about the reduction and recycling of waste; and for connected purposes.
Part 1
Emissions reduction targets
The 2050 target
1 The 2050 target
(1) The Scottish Ministers must ensure that the net Scottish emissions account for the year 2050 is at least 80% lower than the baseline.
(2) In this Act, the target set out in subsection (1) is known as the "2050 target".
The interim target
2 The interim target
(1) The Scottish Ministers must ensure that the net Scottish emissions account for the year 2020 is at least 42% lower than the baseline.
(2) In this Act, the target set out in subsection (1) is known as the "interim target".
(3) The Scottish Ministers may, by order, modify the percentage figure mentioned in subsection (1) so as to substitute-
(a) a figure provided by the relevant body by virtue of subsection (4)(b); or
(b) a higher figure,
for the one for the time being mentioned there.
(4) The Scottish Ministers must, as soon as reasonably practicable after the Bill for this Act receives Royal Assent, request advice from the relevant body as to (having regard to the criteria set out in subsection (5))-
(a) whether the percentage figure for the time being mentioned in subsection (1) is the highest achievable interim target; and
(b) if not, what the highest achievable interim target is.
(5) The criteria referred to in subsection (4) are-
(a) scientific knowledge about climate change;
(b) technology relevant to climate change;
(c) economic circumstances, in particular the likely impact of the target on-
(i) the Scottish economy;
(ii) the competitiveness of particular sectors of the Scottish economy;
(iii) small and medium-sized enterprises;
(iv) jobs and employment opportunities;
(d) fiscal circumstances, in particular the likely impact of the target on taxation, public spending and public borrowing;
(e) social circumstances, in particular the likely impact of the target on those living in poorer or deprived communities;
(f) the likely impact of the target on those living in remote rural communities and island communities;
(g) energy policy, in particular the likely impact of the target on energy supplies, the renewable energy sector and the carbon and energy intensity of the Scottish economy;
(h) environmental considerations and, in particular, the likely impact of the targets on biodiversity;
(i) European and international law and policy relating to climate change.
(6) The Scottish Ministers must publish the advice requested under subsection (4) no later than 31 December 2009 (or, if the advice is not published by that date, as soon as reasonably practicable afterwards).
(7) Where the relevant body has provided advice of the kind mentioned in subsection (4)(b), the Scottish Ministers must, as soon as reasonably practicable after that advice is published under subsection (6), comply with either of the duties set out in subsection (8).
(8) The duties are-
(a) to lay before the Scottish Parliament a draft of a statutory instrument containing an order under subsection (3) substituting for the percentage figure for the time being mentioned in subsection (1) the figure provided by the relevant body by virtue of subsection (4)(b); or
(b) to make a statement to the Scottish Parliament setting out the reasons why no such order has been laid.
(9) If an appropriate Community instrument comes into force, the Scottish Ministers must, before the expiry of the appropriate period, lay a draft of a statutory instrument containing an appropriate order before the Scottish Parliament.
(10) An "appropriate order" means an order under subsection (3) modifying the percentage figure mentioned in subsection (1) so as to substitute a figure of at least 42%.
(11) An "appropriate Community instrument" means a Community instrument-
(a) which contains a commitment to reduce greenhouse gas emissions by at least 30% compared to 1990 levels by 2020; and
(b) which amends Decision 406/2009/ec of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020 in the manner envisaged in Article 8(2) of the Decision.
(12) The "appropriate period" means the period of 3 months beginning with the day on which the appropriate Community instrument comes into force.
(13) If a draft of an appropriate order is not laid before the expiry of the appropriate period, the Scottish Ministers must lay the draft as soon as reasonably practicable afterwards.
(14) Subsections (9) to (13) cease to apply if a figure higher than 42% is, by virtue of a draft of a statutory instrument of the kind mentioned in subsection (8)(a) having been approved by the Scottish Parliament, the percentage figure for the time being mentioned in subsection (1).
Annual targets
3 Annual targets
(1) The Scottish Ministers must-
(a) for each year in the period 2010-2050, set a target for the maximum amount of the net Scottish emissions account;
(b) ensure that the net Scottish emissions account for each year in that period does not exceed the target set for that year.
(2) The target-
(a) for 2010, must be set at an amount that is less than the estimated net Scottish emissions account for 2009;
(b) for each year in the period 2011-2019, must be set at an amount that is consistent with a reduction over that period of net Scottish emissions accounts which would allow the interim target and the 2050 target to be met;
(c) for each year in the period 2020-2050, must be set at an amount that is-
(i) consistent with a reduction over that period of net Scottish emissions accounts which would allow the 2050 target to be met; and
(ii) at least 3% less than the target for the preceding year.
(3) In this Act-
(a) an "annual target" for any year means the target for the maximum amount of the net Scottish emissions account set for that year in accordance with this section and section 4;
(b) references to an annual target being met are references to the net Scottish emissions account for a year not exceeding the annual target for that year (and cognate expressions are to be construed accordingly).
4 Setting annual targets
(1) The Scottish Ministers must, by order, set the annual targets for each year in the periods mentioned in paragraphs (a) to (g) of subsection (2).
(2) The Scottish Ministers must set the annual targets for each year-
(a) in the period 2010-2022, no later than 1 June 2010;
(b) in the period 2023-2027, no later than 31 October 2011;
(c) in the period 2028-2032, no later than 31 October 2016;
(d) in the period 2033-2037, no later than 31 October 2021;
(e) in the period 2038-2042, no later than 31 October 2026;
(f) in the period 2043-2047, no later than 31 October 2031;
(g) in the period 2048-2050, no later than 31 October 2036.
(3) The Scottish Ministers must, when setting annual targets, have regard to any advice they receive from the relevant body as to the cumulative amount of net Scottish emissions for the period 2010-2050 that is consistent with a reduction over that period of net Scottish emissions accounts which would allow the 2050 target to be met.
(4) The Scottish Ministers must, when setting annual targets, also have regard to the following matters (the "target-setting criteria")-
(a) the objective of not exceeding the fair and safe Scottish emissions budget;
(b) scientific knowledge about climate change;
(c) technology relevant to climate change;
(d) economic circumstances, in particular the likely impact of the target on-
(i) the Scottish economy;
(ii) the competitiveness of particular sectors of the Scottish economy;
(iii) small and medium-sized enterprises;
(iv) jobs and employment opportunities;
(e) fiscal circumstances, in particular the likely impact of the target on taxation, public spending and public borrowing;
(f) social circumstances, in particular the likely impact of the target on those living in poorer or deprived communities;
(g) the likely impact of the target on those living in remote rural communities and island communities;
(h) energy policy, in particular the likely impact of the target on energy supplies, the renewable energy sector and the carbon and energy intensity of the Scottish economy;
(i) environmental considerations and, in particular, the likely impact of the targets on biodiversity;
(j) European and international law and policy relating to climate change.
(5) If annual targets for a period are not set by the corresponding date mentioned in paragraphs (a) to (g) of subsection (2), the Scottish Ministers must set the annual targets as soon as reasonably practicable afterwards.
(6) In...
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