Climate Change (Scotland) Act 2009

[F1 A4 Budget-setting regulations S

(1) The Scottish Ministers must, by regulations, set Scottish carbon budgets so that every year between 2026 and the net-zero emissions target year is covered by a budget.

(2) A budget for a period—

(a) may be set by expressing the prescribed number of tonnes of carbon dioxide equivalent for the period either as a figure or as a method for calculating a figure, and

(b) may, in particular, be set by expressing the number as a proportion of the baseline multiplied by the number of years comprising the period.

(3) The period covered by a Scottish carbon budget—

(a) is to be 5 years (for example 2026 to 2030), but

(b) may be shorter in the case of the budget for the period that ends with the net-zero emissions target year.

(4) In preparing a draft of regulations to be made under this section, the Scottish Ministers must—

(a) have regard to the target-setting criteria, and

(b) take into account the most up-to-date advice they have received from the relevant body.

(5) On the same day as laying before the Scottish Parliament for approval a draft of regulations under this section, the Scottish Ministers must publish a statement setting out in respect of each Scottish carbon budget that would be set by the regulations—

(a) the extent to which the proposed budget takes account of the target-setting criteria, and

(b) whether the proposed budget is in accordance with the most up-to-date advice the Ministers have received from the relevant body and, if it is not, the reasons why.

(6) A statement under subsection (5) must also set out, in indicative terms, the proposals and policies in relation to each of the sectors mentioned in section 35(3) which are likely (if the regulations are approved) to be set out in the next climate change plan due to be laid before the Scottish Parliament under section 35(1).

(7) A statement under subsection (5) must also state whether the Scottish Ministers expect that, during the period covered by a Scottish carbon budget that would be set by the regulations, the net Scottish emissions account for a year will, for the first time since this section came into force, be—

(a) 75% lower than the baseline,

(b) 90% lower than the baseline.]

Textual Amendments

F1 Ss. A2-A5 and cross-heading inserted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 1(2), 15