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Climate Change (Emissions Reduction Targets) (Scotland) Act 2019

Consolidated Text As Enacted Cited authorities 67 Cited in Amendments 7 Related
Vincent
JurisdictionScotland
Citation2019 asp 15
  • Before section 1 of the 2009 Act (and the italic cross heading immediately preceding it) , insert—
      The net-zero emissions target
      (A1) The net-zero emissions target
    • “(1) The Scottish Ministers must ensure that the net Scottish emissions account for the net-zero emissions target year is at least 100% lower than the baseline (the target is known as the “net-zero emissions target”) .
    • (2) The “net-zero emissions target year” is 2045.
    • (3) The Scottish Ministers may by regulations modify subsection (2) so as to substitute for the year for the time being mentioned in that subsection—
    • (a) an earlier year, or
    • (b) a later year if—
    • (i) that later year is consistent with the most up-to-date advice they have received from the relevant body, and
    • (ii) that advice states that the later year is appropriate on the basis of either scientific knowledge about climate change or current international carbon reporting practice (or both) .
    • The Scottish Ministers must ensure that the net Scottish emissions account for the net-zero emissions target year is at least 100% lower than the baseline (the target is known as the “net-zero emissions target”) .The “net-zero emissions target year” is 2045.an earlier year, orthat later year is consistent with the most up-to-date advice they have received from the relevant body, andthat advice states that the later year is appropriate on the basis of either scientific knowledge about climate change or current international carbon reporting practice (or both) .the target-setting criteria, andthe most up-to-date advice they have received from the relevant body.their reasons for proposing to modify the net-zero emissions target year,the extent to which the proposed net-zero emissions target year takes account of the target-setting criteria, andwhether the proposed net-zero emissions target year is consistent with the most up-to-date advice they have received from the relevant body and, if it is not, the reasons why.
  • Section 1 of the 2009 Act and the italic cross heading immediately preceding it are repealed.
  • For section 2 of the 2009 Act, and the italic cross heading immediately preceding it, substitute—
      The interim targets
      (2) The interim targets
    • “(1) The Scottish Ministers must ensure that the net Scottish emissions account for the year—
    • (a) 2020 is at least 56% lower than the baseline,
    • (b) 2030 is at least 75% lower than the baseline, and
    • (c) 2040 is at least 90% lower than the baseline.
    • 2020 is at least 56% lower than the baseline,2030 is at least 75% lower than the baseline, and2040 is at least 90% lower than the baseline.In this Act, each target set out in subsection (1) is known as an “interim target”.
  • After section 2 of the 2009 Act, insert—
      (2A) Modification of the interim targets
    • “(1) The Scottish Ministers may by regulations modify one or more of the percentage figures applying for the purposes of any of the interim targets, so as to substitute a higher or lower figure for the one for the time being mentioned in section 2(1) (a) , (b) or (c) .
    • (2) But regulations under subsection (1) may not substitute a lower percentage figure for an interim target if that figure is—
    • (a) inconsistent with the most up-to-date advice the Scottish Ministers have received from the relevant body,
    • (b) not, in that advice, stated to be appropriate on the basis of either scientific knowledge about climate change or current international carbon reporting practice (or both) ,
    • (c) lower than any percentage figure applying, immediately after the regulations come into force, for an interim target for an earlier year, or
    • (d) lower than 100% for a year which is the same as, or later than, the net-zero emissions target year.
    • The Scottish Ministers may by regulations modify one or more of the percentage figures applying for the purposes of any of the interim targets, so as to substitute a higher or lower figure for the one for the time being mentioned in section 2(1) (a) , (b) or (c) .inconsistent with the most up-to-date advice the Scottish Ministers have received from the relevant body,not, in that advice, stated to be appropriate on the basis of either scientific knowledge about climate change or current international carbon reporting practice (or both) ,lower than any percentage figure applying, immediately after the regulations come into force, for an interim target for an earlier year, orlower than 100% for a year which is the same as, or later than, the net-zero emissions target year.the target-setting criteria, andthe most up-to-date advice they have received from the relevant body.the Scottish Ministers lay before the Scottish Parliament for approval a draft of regulations under section A1(3) which modify the net-zero emissions target year to a year earlier than 2045, andany percentage figure applying for the purposes of any interim target for a year which is the same as or later than the proposed net-zero emissions target year, is lower than 100%.The Scottish Ministers must, at the same time as or as soon as reasonably practicable after laying the regulations mentioned in subsection (4) (a) , lay before the Scottish Parliament for approval a draft of regulations under subsection (1) which modify to 100% a percentage figure mentioned in subsection (4) (b) .their reasons for proposing to modify the percentage figure,the extent to which the proposed modification takes account of the target-setting criteria, andwhether the proposed modification is consistent with the most up-to-date advice they have received from the relevant body.
  • After section 2A of the 2009 Act (inserted by section 4 of this Act) , insert—
      The target-setting criteria
      (2B) The target-setting criteria
    • “(1) In this Act, the “target-setting criteria” are—
    • (a) the objective of not exceeding the fair and safe Scottish emissions budget,
    • (b) European and international law and policy relating to climate change (including the United Nations Framework Convention on Climate Change and protocols to that Convention) ,
    • (c) scientific knowledge about climate change,
    • (d) technology relevant to climate change,
    • (e) 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,
    • the objective of not exceeding the fair and safe Scottish emissions budget,European and international law and policy relating to climate change (including the United Nations Framework Convention on Climate Change and protocols to that Convention) ,scientific knowledge about climate change,technology relevant to climate change,the Scottish economy,the competitiveness of particular sectors of the Scottish economy,small and medium-sized enterprises,jobs and employment opportunities,fiscal circumstances, in

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