Climate Change (Scotland) Act 2009

[F1 2C Duty to seek advice from the relevant body S

(1) The Scottish Ministers must request advice from the relevant body at least once before the expiry of each relevant 5 year period.

(2) A “relevant 5 year period” means a period of 5 years which begins with—

(a) in the case of the first period, the date on which this section comes into force, and

(b) in the case of a subsequent period, the date on which the previous request for advice was, or is treated as having been, made under subsection (1).

(3) A request for advice under subsection (1) must request the relevant body's views as to—

(a) whether the net-zero emissions target is achievable and, if so, what is the earliest achievable net-zero emissions target year (with views on both matters taking account of the target-setting criteria),

[F2 (ab) whether each Scottish carbon budget for a period not yet reported on under section 33 is appropriate by reference to the target-setting criteria (and if not, advice as to any alternative budget for the period that would be appropriate),]

(c) whether the fair and safe Scottish emissions budget is appropriate, and request that, if not, the body makes a fresh recommendation for the purpose of the budget,

(d) the estimated contribution of the net-zero emissions target and the [F3 Scottish carbon budget] targets towards global efforts to limit the global average temperature increase to 1.5°C above pre-industrial levels,

(e) the extent to which each relevant target should be met by—

(i) taking action to reduce net Scottish emissions of greenhouse gases, and

(ii) the crediting of carbon units to the net Scottish emissions account in accordance with regulations under section 13(5),

(f) the respective contributions towards meeting each relevant target that should be made by—

(i) the sectors of the Scottish economy which are covered by trading schemes within the meaning of section 44 of the 2008 Act, and

(ii) the other sectors of the Scottish economy,

(g) the respective contributions towards meeting each relevant target that should be made by each of the sectors mentioned in section 35(3),

(h) whether the multiplier to reflect the direct and indirect non-carbon dioxide climate change impacts of emissions at altitude from international aviation which applies for each greenhouse gas by virtue of section 16(3) is appropriate (and if not, advice as to any alternative multiplier that would be appropriate).

(4) A “relevant target” is—

[F4 (ab) a Scottish carbon budget target arising from a Scottish carbon budget for a period that falls wholly within the period of 15 years beginning with the year immediately following the year in which the request is made under subsection (1), and]

(c) the net-zero emissions target, if the net-zero emissions target year is within that 15 year period.

(5) A request for advice under subsection (1) may request the relevant body's views as to any other matter which the Scottish Ministers consider relevant for the purposes of this Part.]

Textual Amendments

F1 S. 2C and cross-heading inserted (23.3.2020) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (asp 15), ss. 6, 32(2); S.S.I. 2020/66, reg. 2

F2 S. 2C(3)(ab) substituted for s. 2C(3)(b) (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(4)(a)(i), 15

F3 Words in s. 2C(3)(d) substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(4)(a)(ii), 15

F4 S. 2C(4)(ab) substituted for s. 3C(4)(a)(b) (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(4)(b), 15