62.Section 9 of the Act amends section 35B of the Climate Change (Scotland) Act 2009 in relation to the information to be contained in an annual report under that section.
63.Section 35B of the 2009 Act requires the Scottish Ministers to report each year on the implementation of proposals and policies set out in the latest climate change plan (for an explanation of “climate change plan” see paragraph 43 above).
64.Section 9 of the Act adds a new subsection (2A) to section 35B of the 2009 Act, which requires the Scottish Ministers to consider when preparing a section 35B report whether they expect emissions-reduction targets to be met and, where they do not expect them to be met, to include in the report an explanation of why not and what they intend to do to ensure the target is met. The term “emissions reduction target” is defined in section 98 of the 2009 Act.
65.Section 10 of the Act amends section 36(2) of the Climate Change (Scotland) Act 2009 so that, where the requirement to lay a report under that section before the Scottish Parliament is triggered, the Scottish Ministers must do so within a fixed period of 6 months. Prior to the amendment taking effect, the duty was to do so soon as reasonably practicable.
66.The requirement to lay a report before the Parliament under section 36 is triggered by the Scottish Ministers laying before the Parliament a report under section 33 of the 2009 Act stating that an emissions reduction target has not been met. The term “emissions reduction target” is defined in section 98 of the 2009 Act.
67.A report under section 36 of the 2009 Act is a report setting out the Scottish Ministers’ proposals and policies to compensate in future years for the excess emissions that led to the missing of the target identified in the preceding section 33 report.
68.Section 11 of the Act adds reports under section 35B of the Climate Change (Scotland) Act 2009 to the list of types of report in relation to which the requirements of section 42(1) and (4) of that Act apply. Those requirements are as follows:
when they lay such a report before the Scottish Parliament, the Scottish Ministers must send a copy to the conveners of the Parliament’s committees,
as soon as reasonably practicable after laying such a report before the Parliament, the Scottish Ministers must make a statement to the Parliament about it, and
the Scottish Ministers must have regard to any resolution passed by the Parliament, or report published by a parliamentary committee, in relation to such a report.
69.A report under section 35B of the 2009 Act is a report, prepared annually by the Scottish Ministers, on the implementation of proposals and policies set out in the latest climate change plan (for an explanation of the term “climate change plan” see paragraph 43 above).
70.Section 12 of the Act amends sections 33 and 35 of the Climate Change (Scotland) Act 2009 so that reports under section 33 of that Act have to provide details of assessments of the impact of major capital projects on meeting Scottish carbon budget targets (for an explanation of the term “Scottish carbon budget target” see paragraph 13 above).
71.The amendment to section 35 of the 2009 Act creates a requirement for the Scottish Ministers to include in climate change plans their proposals and policies for assessing the impact of major capital projects on meeting Scottish carbon budget targets (for an explanation of the term “climate change plan” see paragraph 43 above). As part of setting out those proposals and policies, the Scottish Ministers are to define what constitutes a “major capital project”.
72.The amendment to section 33 of the 2009 Act creates a requirement for the Scottish Ministers to describe, in a section 33 report, the assessments of major capital projects that they have carried out during the period to which the report relates in accordance with the proposals and policies for carrying out those assessments included in the latest climate change plan. A section 33 report is a report produced at the end of each period covered by a Scottish carbon budget (see paragraph 34 above).
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