Explanatory Notes

Climate Change (Scotland) Act 2009

2009 asp 12

4 August 2009

The Act

Part 5 – Other Climate Change Provisions

Chapter 3 – Energy efficiency.Duty of Scottish Ministers to promote energy efficiency
Climate change burdens

137.Section 68 inserts a new section 46A into the Title Conditions (Scotland) Act 2003 to create a new kind of real burden – a “climate change burden”- that can be added to a property’s title deeds to specify the mitigation or adaptation standards that must be met when the burdened property is developed. Subsection (3) identifies those public bodies in whose favour a climate change burden can be created, as those bodies listed in Part I or Part II of the schedule to the Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 (SSI 2003/453).