Explanatory Notes

Climate Change (Scotland) Act 2009

2009 asp 12

4 August 2009

The Act

Part 4 – Duties of Public Bodies Relating to Climate Change

Guidance to monitoring body

93.Section 51 requires a monitoring body to have regard to any guidance issued by the Scottish Ministers relating to its functions under Part 4 of the Act. Subsections (2) and (3) oblige the Scottish Ministers to consult with the monitoring body and such other persons as they consider appropriate, in so far as reasonably practicable, before giving guidance.

94.Subsection (4) allows the Scottish Ministers to vary or revoke this guidance. If the guidance is to be substantially varied, then the consultation requirements of subsections (2) and (3) apply. Subsection (5) requires the Scottish Ministers to publish any guidance given under this section.