Search Legislation

Climate Change (Scotland) Act 2009

Status:

This is the original version (as it was originally enacted).

44Duties of public bodies relating to climate change

This section has no associated Explanatory Notes

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

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

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

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

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

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

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

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

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

(a)impose climate change duties on—

(i)all public bodies;

(ii)public bodies of a particular description;

(iii)individual public bodies;

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

(c)remove climate change duties.

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

(8)Those persons are—

(a)such associations of local authorities; and

(b)such other persons,

as the Scottish Ministers consider appropriate.

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources