Search Legislation

Climate Change (Scotland) Act 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 63

 Help about opening options

Alternative versions:

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.

Changes to legislation:

There are currently no known outstanding effects for the Climate Change (Scotland) Act 2009, Section 63. 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.

63Non-domestic buildings: assessment of energy performance and emissionsS
This section has no associated Explanatory Notes

(1)The Scottish Ministers must, by regulations—

(a)provide for the assessment of—

(i)the energy performance of non-domestic buildings;

(ii)the emission of greenhouse gases produced by or otherwise associated with such buildings or with activities carried out in such buildings;

(b)require owners of such buildings to take steps, identified by such assessments, to—

(i)improve the energy performance of such buildings;

(ii)reduce such emissions.

(2)The regulations may in particular include provision about—

(a)the circumstances in which the regulations apply;

(b)the non-domestic buildings to which the regulations apply;

(c)the persons who may be required to have assessments carried out;

(d)the periods within which such assessments must be carried out;

(e)the procedure and methodology for assessing the energy performance of buildings;

(f)the procedure and methodology for assessing the greenhouse gas emissions produced by or otherwise associated with buildings or activities carried out in buildings;

(g)the persons who may carry out such assessments;

(h)the issuing of certificates following such assessments, including the form, manner and content of such certificates;

(i)the form of any recommendations, contained in such certificates, as to the improvement of the energy performance of buildings and the reduction of emissions produced by or otherwise associated with buildings or activities carried out in buildings;

(j)the manner in which and periods within which persons must take steps to comply with any recommendations contained in such certificates;

(k)the registration of such certificates;

(l)the disclosure of information which is entered in the register;

(m)subject to subsection (3), the enforcement authority in relation to the regulations;

(n)subject to subsection (5), the functions of that authority;

(o)the keeping of information and its production to the enforcement authority;

(p)the enforcement of the duties imposed by the regulations;

(q)offences in relation to failures to comply with requirements of the regulations.

(3)The enforcement authority provided for in the regulations is to be such person or body as the Scottish Ministers consider appropriate.

(4)The regulations may provide for the functions of the enforcement authority to be exercised by two or more such authorities and about the functions of each such authority.

(5)The functions of the enforcement authority may include power to levy charges to recover the reasonable costs incurred by it in exercising its functions under the regulations.

(6)The Scottish Ministers must, no later than 12 months after the day on which this section comes into force, publish a report setting out—

(a)what measures they intend to take to reduce emissions from non-domestic buildings; and

(b)when they intend to make provision as mentioned in paragraphs (i) and (j) of subsection (2).

(7)In this section, “non-domestic building”—

(a)means a building other than a dwelling;

(b)does not include—

(i)any yard, garden, outbuilding or other land or buildings;

(ii)any common areas,

associated with such a dwelling.

Commencement Information

I1S. 63 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)

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