Climate Change (Emissions Reduction Targets) (Scotland) Act 2024

13 Further provision about setting first budgets

(1) The first regulations under section A4 of the 2009 Act setting Scottish carbon budgets are to do so by—

(a) inserting a new section into the 2009 Act, and

(b) replacing the words “by virtue of regulations under section A4” in section A2(5) of the 2009 Act with a cross reference to the new section.

(2) The Scottish Ministers may not conclude their preparation of the first draft regulations under section A4 of the 2009 Act to be laid before the Scottish Parliament for approval, until they have received advice from the relevant body on setting Scottish carbon budgets following a request for that advice under section 2C or 2D of the 2009 Act.

(3) The Scottish Ministers must lay draft regulations under section A4 of the 2009 Act before the Scottish Parliament for approval within the period of 3 months beginning with their receiving the advice that subsection (2) requires them to have received before they conclude their preparation of the first draft regulations.

(4) If the Scottish Ministers request advice under section 2C of the 2009 Act before the first regulations under section A4 of that Act have come into force, section 2C is to be read in relation to that request as though—

(a) a reference to a Scottish carbon budget were a reference to the Scottish carbon budget that the relevant body has advised, or intends to advise, the Scottish Ministers to set, and

(b) a reference to a Scottish carbon budget target were a reference to the Scottish carbon budget target that would arise from a Scottish carbon budget that the relevant body has advised, or intends to advise, the Scottish Ministers to set.

(5) In this section—

• “2009 Act” means the Climate Change (Scotland) Act 2009,

• “relevant body” has the meaning given in the 2009 Act.