Search Legislation

Climate Change (Scotland) Act 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part 2

 Help about opening options

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Status:

This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Climate Change (Scotland) Act 2009, Part 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 2SAdvisory functions

Advisory bodyS

24Meaning of advisory bodyS

(1)The Scottish Ministers may, by order, designate—

(a)a body established under section 25(1); or

(b)such other public body as they consider appropriate,

to exercise the functions mentioned in subsection (3) (the “advisory functions”).

(2)In this Act, the body designated by virtue of subsection (1) is the “advisory body”.

(3)The advisory functions are—

(a)the function of providing advice, analysis, information and other assistance to the Scottish Ministers in respect of Ministers' duty under section 2(1) and functions under sections [F12C, 2D], 9 and 10(4);

(b)the functions conferred on the advisory body by sections [F230] to 32 and 56; and

(c)such other functions relating to advice on climate change as the Scottish Ministers may confer by an order under subsection (1).

(4)An order under subsection (1) may in particular provide—

(a)for the conferral of functions on the advisory body relating to advice on climate change;

(b)for the information that advice must contain;

(c)for the factors to which the body is to have regard in giving that advice;

(d)for the period within which the body must give that advice;

(e)as to whom that advice is to be given;

(f)for the form and manner in which that advice is to be published and laid before the Scottish Parliament.

(5)In subsection (1)(b) , a “public body” means a person or body with functions of a public nature.

Scottish Committee on Climate ChangeS

Prospective

25Scottish Committee on Climate ChangeS

(1)The Scottish Ministers may, by order, establish a body for the purpose of exercising the advisory functions.

(2)The body established by virtue of subsection (1) is to be known as the Scottish Committee on Climate Change (the “Committee”).

(3)Schedule 1 makes further provision about the Committee.

(4)An order under subsection (1) may in particular provide—

(a)for the conferral of functions on the Committee relating to advice on climate change;

(b)in relation to the status, constitution and proceedings of the Committee as the Scottish Ministers consider appropriate;

(c)for the information that the Committee's advice must contain;

(d)for the factors to which the Committee is to have regard in giving that advice;

(e)for the period within which the Committee must give that advice;

(f)as to whom that advice is to be given;

(g)for the form and manner in which that advice is to be published and laid before the Scottish Parliament.

26[F3Application of sections 30 to 32 and 56]S

(1)Sections [F430] to 32 and 56 have effect only from—

(a)the day when an order made by the Scottish Ministers under section 24(1) comes into force; or

(b)such later day or days as the Scottish Ministers may specify in an order under that section.

(2)When an order under section 24(1)—

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)bringing section 56 into effect comes into force, subsection (4) of section 55 ceases to have effect.

Prospective

F627Advice on annual targets etc.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F628Reporting on progress towards targetsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F629Scottish Ministers' response to reports on progressS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

30Duty of advisory body to provide advice or other assistanceS

When requested to do so by the Scottish Ministers, the advisory body must provide advice, analysis, information or assistance as regards—

(a)the exercise of the Scottish Ministers' functions under this Act;

(b)the exercise of Ministers' functions in relation to climate change other than under this Act;

(c)other matters relating to climate change.

Prospective

31Guidance to advisory bodyS

(1)The advisory body must have regard to any guidance given by the Scottish Ministers to it in relation to the exercise of its functions under this Act.

(2)The Scottish Ministers may not give the advisory body guidance as to the content of any advice or report.

(3)The power to give guidance under subsection (1) includes power to vary or revoke the guidance.

Prospective

32Power to give directions to advisory bodyS

(1)The Scottish Ministers may, if they consider it appropriate to do so, give the advisory body directions as to the exercise of its functions under this Act.

(2)The Scottish Ministers may not direct the advisory body as to the content of any advice or report.

(3)The power to give directions under subsection (1) includes power to vary or revoke the directions.

(4)The advisory body must comply with any directions given under subsection (1).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources