Climate Change (Scotland) Act 2009

8 The domestic effort target

(1) The Scottish Ministers must ensure that reductions in net Scottish emissions of greenhouse gases account for at least 80% of the reduction in the net Scottish emissions account in any target year.

(2) In this Act, the target set out in subsection (1) is known as the “domestic effort target”.

(3) For the purposes of ascertaining whether the domestic effort target has been met, any reduction to the net Scottish emissions account as a result of the crediting to that account of a net amount of European carbon units mentioned in subsection (4) is to be treated as though it is a reduction in net Scottish emissions.

(4) In subsection (3), “European carbon units” means carbon units which are surrendered by participants in—

(a) the European Union Emissions Trading Scheme (“EU ETS”); or

(b) such other trading scheme making provision equivalent to the EU ETS as the Scottish Ministers may, by order, specify.

(5) In subsection (4)(b), “trading scheme” means a trading scheme within the meaning of section 44 of the 2008 Act.

(6) The Scottish Ministers may, by order, modify the percentage figure mentioned in subsection (1) so as to substitute a higher figure for the one for the time being mentioned there.

(7) The Scottish Ministers must, before laying a draft of a statutory instrument containing an order under subsection (6) before the Scottish Parliament, request advice from the relevant body.

(8) If the order under subsection (6) makes provision different from that recommended by the relevant body, the Scottish Ministers must publish a statement setting out the reasons why.

(9) A statement under subsection (8) may be published in such manner as the Scottish Ministers consider appropriate.