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

8 Ministerial duties following request for advice

After section 2D of the 2009 Act (inserted by section 7 of this Act), insert—

“2E Ministerial duties following request for advice

(1) The Scottish Ministers must publish any advice received in response to a request under section 2C(1) or 2D(1) as soon as reasonably practicable after they receive it.

(2) Subsection (3) applies if—

(a) the relevant body’s advice states that a particular year is the earliest achievable year for the net-zero emissions target, and

(b) that year is not already the net-zero emissions target year.

(3) The Scottish Ministers must—

(a) within 3 months of receiving that advice publish a statement setting out how they intend to respond to that advice, and

(b) if they do not, within 12 months of receiving that advice, lay for approval a draft of regulations under section A1(3) which modify the net-zero emissions target year to that year, make a statement to the Scottish Parliament setting out the reasons for not doing so.

(4) Subsection (5) applies if the relevant body’s advice states that a percentage figure for an interim target applying when the request is made is not appropriate and that another figure would be appropriate.

(5) The Scottish Ministers must—

(a) within 3 months of receiving that advice publish a statement setting out how they intend to respond to that advice, and

(b) if they do not, within 12 months of receiving that advice, lay for approval a draft of regulations under section 2A(1) to make the advised modification to that percentage figure, make a statement to the Scottish Parliament setting out the reasons for not doing so.

(6) Subsection (7) applies if—

(a) the relevant body’s advice states that, for a greenhouse gas, the multiplier figure reflecting the direct and indirect non-carbon dioxide climate change impacts of emissions at altitude from international aviation applying when the request is made is not appropriate and that another figure would be appropriate, and

(b) the Scottish Ministers do not, within 12 months of receiving that advice, lay for approval a draft order under section 16(1) amending the multiplier to that figure.

(7) The Scottish Ministers must publish a statement setting out the reasons for not laying for approval a draft order under section 16(1) making the advised modification to that multiplier figure.”.