Climate Change (Scotland) Act 2009 Explanatory Notes

  • Explanatory Notes Table of contents
  1. Introduction

  2. The Act

    1. Part 1 – Emissions Reduction Targets

      1. The 2050 target

      2. The interim target

      3. Annual targets

      4. Setting annual targets

      5. Advice before setting annual targets

      6. Modifying annual targets etc.

      7. Advice before modifying annual targets etc.

      8. The domestic effort target

      9. Progress towards targets

      10. Greenhouse gases

      11. The baseline

      12. Baselines for additional greenhouse gases

      13. The net Scottish emissions account

      14. Restriction on use in 2010-2017 of carbon units purchased by Scottish Ministers

      15. Attribution of emissions to Scotland

      16. Scottish share of emissions from international aviation and international shipping

      17. Scottish emissions and removals

      18. Measurement of emissions etc.

      19. International carbon reporting practice

      20. Carbon units and carbon accounting

      21. Limits on use of carbon units

      22. Modifying limits on use of carbon units etc.

      23. Advice before setting or modifying limits on use of carbon units etc.

    2. Part 2 – Advisory Functions

      1. Meaning of advisory body

      2. Scottish Committee on Climate Change

      3. Application of sections 27 to 32 and 56

      4. Advice on annual targets etc.

      5. Reporting on progress towards targets

      6. Scottish Ministers’ response to reports on progress

      7. Duty of advisory body to provide advice or other assistance

      8. Guidance to advisory body

      9. Power to give directions to advisory body

    3. Part 3 – Reporting Duties

      1. Reports on annual targets

      2. Reports on annual targets: content

      3. Reports on proposals and policies for meeting annual targets

      4. Reports on proposals and policies where annual targets not met

      5. Reports on emissions attributable to Scottish consumption of goods and services

      6. Reports on impact on emissions of exercise of electricity generation related functions

      7. Report on progress towards meeting the interim target

      8. Report on the interim target

      9. Report on the 2050 target

      10. Reports: provision of further information to the Scottish Parliament

      11. Further provision about reporting duties

    4. Part 4 – Duties of Public Bodies Relating to Climate Change

      1. Duties of public bodies relating to climate change

      2. Guidance to relevant public bodies

      3. Reporting on climate change duties

      4. Appointment of monitoring body

      5. Investigations

      6. Reporting by monitoring body

      7. Guidance to monitoring body

      8. Power to direct monitoring body

    5. Part 5 – Other Climate Change Provisions

      1. Chapter 1 – Adaptation

        Adaptation programmes

      2. Chapter 2 – Land Use

        Duty to produce a land use strategy

        1. Variation of permitted times for making muirburn

        2. Power to modify functions of Forestry Commissioners

      3. Chapter 3 – Energy efficiency

        Duty of Scottish Ministers to promote energy efficiency

        1. Duty of Scottish Ministers to promote renewable heat

        2. Laying of plans and reports

        3. Non-domestic buildings: assessment of energy performance and emissions

        4. Living accommodation: assessment of energy performance and emissions

        5. Duty of local authorities to establish energy efficiency discount schemes

        6. Review of energy efficiency discount schemes

        7. Non-domestic rates: discounts for energy efficiency etc.

        8. Climate change burdens

        9. Tenement Management Scheme: definition of “maintenance”

        10. Permitted development rights

        11. Development plans: inclusion of greenhouse gas emissions policies

        12. Annual report on operation of section 72

        13. Duty of Scottish Water to promote water conservation and water-use efficiency

      4. Chapter 4 – The Scottish civil estate

        Energy performance of buildings procured for the Scottish civil estate.

        1. Report on the Scottish civil estate

        2. Scottish civil estate: supplementary

      5. Chapter 5 – Waste reduction and recycling

        Waste prevention and management plans

        1. Information on waste

        2. Recyclable waste: facilities for deposit etc.

        3. Recyclable waste: facilities for deposit at events etc.

        4. Procurement of recyclate

        5. Targets for reduction of packaging etc.

        6. Deposit and return schemes

        7. Deposit and return schemes: designation of scheme administrator

        8. Power to establish scheme administrator

        9. Finance of scheme administrator

        10. Charges for supply of carrier bags

        11. Enforcement authorities

        12. Penalties

    6. Part 6 – General and Miscellaneous

      1. Public engagement

      2. Sustainable development

      3. Equal opportunities

      4. Impact of budget proposals on emissions

      5. Crown application

      6. Subordinate legislation

      7. Subordinate legislation: pre-laying procedure

      8. Interpretation

      9. Minor and consequential modifications

      10. Short title and commencement

    7. Schedule 1 – the Scottish Committee on Climate Change

    8. Schedule 2 – Minor and Consequential Modifications

  3. Parliamentary History

  • Explanatory Notes Table of contents

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