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

4 Modification of the interim targets

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.

(3) In preparing a draft of regulations to be made under subsection (1), the Scottish Ministers must have regard to—

(a) the target-setting criteria, and

(b) the most up-to-date advice they have received from the relevant body.

(4) Subsection (5) applies if—

(a) 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, and

(b) any 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%.

(5) 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).

(6) As soon as reasonably practicable after laying for approval a draft of regulations to be made under subsection (1), the Scottish Ministers must publish a statement setting out in respect of each proposed modification of a percentage figure by the regulations—

(a) their reasons for proposing to modify the percentage figure,

(b) the extent to which the proposed modification takes account of the target-setting criteria, and

(c) whether the proposed modification is consistent with the most up-to-date advice they have received from the relevant body.”.