Part 3

Conservation and other personal real burdens

Climate change burdens

Climate change burdens
46A
1
On and after the day on which this section comes into force, it shall be competent to create a real burden in favour of a public body or trust, or of the Scottish Ministers, for the purpose of reducing greenhouse gas emissions; and any such burden shall be known as a “climate change burden”.
2
A climate change burden may only consist of an obligation, in the event of the burdened property being developed, for the property to meet specified mitigation and adaptation standards.
3
For the purposes of this section, a “
public body
” means a body listed in Part I or II of the Schedule to the Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 (SSI 2003/453).
S. 46A and cross-heading inserted (1.4.2010) by Climate Change (Scotland) Act 2009 (asp 12), ss. 68, 100(2) (with s. 95); S.S.I. 2009/341, art. 2(3)