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

14 Net Scottish emissions account: restriction on use of carbon units

(1) In section 13 of the 2009 Act—

(a) subsections (2) to (4) are repealed,

(b) in subsection (5)—

(i) in paragraph (a), after “may”, insert “or may not”,

(ii) in paragraph (b), after “may”, insert “or may not”,

(c) after subsection (5), insert—

“(5A) But the amount of carbon units purchased by the Scottish Ministers that may, by virtue of regulations under subsection (5), be credited to the net Scottish emissions account for a period is zero, unless regulations under section 13A specify a higher limit in relation to that period.”.

(2) In section 96(7) of the 2009 Act, paragraph (a) is repealed.

(3) Except to the extent that subsection (4) applies, carbon units which are surrendered as a result of the operation of a trading scheme (within the meaning of section 44 of the 2008 Act) may not be credited to or debited from the net Scottish emissions account for any period after 2017.

(4) This subsection applies to the extent that regulations made under section 13(5) of the 2009 Act make provision about the circumstances in which carbon units referred to in subsection (3) may be credited to or debited from the net Scottish emissions account.

(5) In this section, “the 2008 Act”, “carbon units” and “net Scottish emissions account” have the same meanings as in the 2009 Act.