Draft Regulations laid before the Scottish Parliament under section 96(4) of the Climate Change (Scotland) Act 2009, for approval by resolution of the Scottish Parliament.
2022 No.
The Climate Change (Nitrogen Balance Sheet) (Scotland) Regulations 2022
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the power conferred by section 8A(3) of the Climate Change (Scotland) Act 20091 (“the Act”) and all other powers enabling them to do so.
In accordance with section 8A(4) of the Act, the Scottish Ministers have consulted such persons as they consider appropriate.
In accordance with section 96(4) of the Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Climate Change (Nitrogen Balance Sheet) (Scotland) Regulations 2022 and come into force on the day after the day on which they are made.
2
In these Regulations—
“nitrogen” includes nitrous oxide and other oxides of nitrogen, ammonia and nitrates,
“relevant year” means—
- a
2023, and
- b
each subsequent year, ending with the year in which a report in relation to the net-zero emissions target year is laid before the Scottish Parliament under section 33(1) of the Climate Change (Scotland) Act 20092.
- a
The nitrogen balance sheet2
1
The Scottish Ministers must publish the nitrogen balance sheet3 on the day these Regulations come into force.
2
The nitrogen balance sheet must include—
a
the period or periods of time to which the information contained in it relates,
b
all major nitrogen flows for the following sectors—
i
agriculture and aquaculture (including food production),
ii
business and industrial process,
iii
energy (including the production and consumption of energy),
iv
forestry,
v
transport,
vi
waste management (including food waste).
Nitrogen use efficiency: calculation3
1
For the purposes of the nitrogen balance sheet and these Regulations, nitrogen use efficiency4 is a percentage figure calculated in accordance with paragraph (2).
2
The percentage figure is calculated as follows—
where—
“A” is the sum total of nitrogen removed from the Scottish economy and environment as harvested crops, livestock produce and other nitrogen containing products, as reported in the nitrogen balance sheet, and
“B” is the sum total of nitrogen input to the Scottish economy and environment, as reported in the nitrogen balance sheet.
Baseline for nitrogen use efficiency4
The baseline figure for nitrogen use efficiency is 25%.
Nitrogen balance sheet: review, monitoring and reporting5
1
The Scottish Ministers must in each relevant year—
a
review and update the nitrogen balance sheet,
b
publish the updated nitrogen balance sheet, and
c
lay before the Scottish Parliament a report containing the information in paragraph (2).
2
Each report laid under paragraph (1)(c) must contain—
a
a figure for nitrogen use efficiency, and the period of time to which that figure relates,
b
any revised figure for nitrogen use efficiency in relation to a period of time preceding the period of time to which the report relates and the reason for the revision, and
c
an assessment of—
i
progress towards implementing proposals and policies relevant to improving nitrogen use efficiency in Scotland,
ii
any future opportunities for improving nitrogen use efficiency in Scotland, and
iii
how nitrogen use efficiency is expected to contribute to the achievement of future emissions reduction targets5.
(This note is not part of the Regulations)