Part 1Emissions reduction targets
F2The interim targets
2AF1Modification of the interim targets
1
The Scottish Ministers may by regulations modify one or more of the percentage figures applying for the purposes of any of the interim targets, so as to substitute a higher or lower figure for the one for the time being mentioned in section 2(1)(a), (b) or (c).
2
But regulations under subsection (1) may not substitute a lower percentage figure for an interim target if that figure is—
a
inconsistent with the most up-to-date advice the Scottish Ministers have received from the relevant body,
b
not, in that advice, stated to be appropriate on the basis of either scientific knowledge about climate change or current international carbon reporting practice (or both),
c
lower than any percentage figure applying, immediately after the regulations come into force, for an interim target for an earlier year, or
d
lower than 100% for a year which is the same as, or later than, the net-zero emissions target year.
3
In preparing a draft of regulations to be made under subsection (1), the Scottish Ministers must have regard to—
a
the target-setting criteria, and
b
the most up-to-date advice they have received from the relevant body.
4
Subsection (5) applies if—
a
the Scottish Ministers lay before the Scottish Parliament for approval a draft of regulations under section A1(3) which modify the net-zero emissions target year to a year earlier than 2045, and
b
any percentage figure applying for the purposes of any interim target for a year which is the same as or later than the proposed net-zero emissions target year, is lower than 100%.
5
The Scottish Ministers must, at the same time as or as soon as reasonably practicable after laying the regulations mentioned in subsection (4)(a), lay before the Scottish Parliament for approval a draft of regulations under subsection (1) which modify to 100% a percentage figure mentioned in subsection (4)(b).
6
As soon as reasonably practicable after laying for approval a draft of regulations to be made under subsection (1), the Scottish Ministers must publish a statement setting out in respect of each proposed modification of a percentage figure by the regulations—
a
their reasons for proposing to modify the percentage figure,
b
the extent to which the proposed modification takes account of the target-setting criteria, and
c
whether the proposed modification is consistent with the most up-to-date advice they have received from the relevant body.
S. 2 and cross-heading substituted (23.3.2020) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (asp 15), ss. 3, 32(2); S.S.I. 2020/66, reg. 2