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The Climate Change (Scotland) Act 2009 (Commencement No. 1) Order 2009

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Scottish Statutory Instruments

2009 No. 341  (C. 27)

Climate Change

The Climate Change (Scotland) Act 2009 (Commencement No. 1) Order 2009

Made

6th October 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by section 100(2) and (5) of the Climate Change (Scotland) Act 2009(1).

Citation

1.  This Order may be cited as the Climate Change (Scotland) Act 2009 (Commencement No. 1) Order 2009.

Commencement

2.—(1) Provisions of the Climate Change (Scotland) Act 2009 come into force as follows.

(2) The following provisions come into force on 31st October 2009—

(a)sections 1 to 24, 26, 33 to 43, 53 to 55, 57 to 62, 74 to 95, 97 and 98;

(b)section 99, but only insofar as it relates to the provisions of schedule 2 mentioned in sub‑paragraph (c); and

(c)paragraphs 1, 2 and 7 of schedule 2.

(3) Sections 63 to 69 and 71 to 73 come into force on 1st April 2010.

(4) Sections 44 to 52 come into force on 1st January 2011.

STEWART STEVENSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th October 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for three different dates for various provisions of the Climate Change (Scotland) Act 2009 (“the Act”) to come into force.

Under article 2(2) of the Order, the provisions of the Act listed in the following table come into force on 31st October 2009.

Column 1

Column 2

Provisions of the Act

Subject Matter

Sections 1 to 8Setting of 2050, interim, annual and domestic effort targets
Section 9Progress towards targets
Section 10Greenhouse gases
Sections 11 and 12The baseline
Section 13 to 23Supplementary
Section 24Meaning of advisory body
Section 26Application of sections 27 to 32 and 56 (which have effect only from the date when an order is made by the Scottish Ministers designating an advisory body under section 24(1))
Sections 33 to 43Reporting duties
Sections 53 to 55Adaptation programmes
Section 57Duty to produce a land use strategy
Section 58Variation of permitted times for making muirburn
Section 59Power to modify functions of Forestry Commissioners
Sections 60 to 62Promotion of energy efficiency and renewable heat
Section 74Duty of Scottish Water to promote water conservation and water–use efficiency
Sections 75 to 77The Scottish civil estate
Sections 78 to 90Waste reduction and recycling
Section 91Public engagement
Section 92Sustainable development
Section 93Equal opportunities
Section 94Impact of budget proposals on emissions
Section 95Crown application
Section 97Subordinate legislation: pre-laying procedure
Section 98Interpretation
Section 99Minor and consequential modifications (but only in relation to paragraphs 1, 2 and 7 of schedule 2)
Paragraphs 1, 2 and 7 of schedule 2Minor and consequential modifications

Under article 2(3) of the Order, the provisions of the Act listed in the following table come into force on 1st April 2010.

Column 1

Column 2

Provisions of the Act

Subject Matter

Section 63Non–domestic buildings: assessment of energy performance and emissions
Section 64Living accommodation: assessment of energy performance and emissions
Sections 65 to 67Energy efficiency discount schemes
Section 68Climate change burdens
Section 69Tenement Management Scheme: definition of “maintenance”
Section 71Microgeneration in non-domestic buildings
Section 72Development plans: inclusion of greenhouse gas emissions policies
Section 73Annual report on operation of section 72

Under article 2(4) of the Order, sections 44 to 52 (duties of public bodies relating to climate change) of the Act come into force on 1st January 2011.

The Act received Royal Assent on 4th August 2009. Sections 96 and 100 came into force on Royal Assent. Section 70 came into force on the day after Royal Assent.

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