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Part 5SOther climate change provisions

Chapter 3SEnergy efficiency

Climate change burdensS

68Climate change burdensS

After section 46 (health care burdens) of the Title Conditions (Scotland) Act 2003 (asp 9), insert—

Climate change burdensS
46AClimate change burdens

(1)On and after the day on which this section comes into force, it shall be competent to create a real burden in favour of a public body or trust, or of the Scottish Ministers, for the purpose of reducing greenhouse gas emissions; and any such burden shall be known as a “climate change burden”.

(2)A climate change burden may only consist of an obligation, in the event of the burdened property being developed, for the property to meet specified mitigation and adaptation standards.

(3)For the purposes of this section, a “public body” means a body listed in Part I or II of the Schedule to the Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 (SSI 2003/453)..

Commencement Information

I1S. 68 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)