(This note is not part of the Order)
This Order sets a limit in accordance with section 21 of the Climate Change (Scotland) Act 2009 (the “2009 Act”) on the net amount of carbon units which may be credited to the net Scottish emissions account (“NSEA”), and makes further provision in that respect.
The Scottish Ministers requested advice from the relevant body (the UK Committee on Climate Change (UKCCC)) as required by section 23(1) of the 2009 Act. The UKCCC advice is set out in “Scotland’s path to a low carbon economy” dated February 2010, and available at http://www.theccc.org.uk/reports/scottish-report.
Article 2 provides that the net amount of carbon units that may be credited to the NSEA for the period 2010-2012 is zero.
Article 3 specifies the carbon units that do not count towards that limit, namely units credited to and debited from the NSEA under regulation 8 of the Carbon Accounting Scheme (Scotland) Regulations 2010 (S.S.I. 2010/216) as a result of the operation of the EU Emissions Trading Scheme, and European Union allowances acquired by the administrator of a trading scheme (a “Part 3 scheme”) that operates under Part 3 of the Climate Change Act 2008.
A Part 3 scheme operates by—
(a)limiting, or encouraging the limitation, of activities which consist of the emission of greenhouse gases or that cause or contribute to such emissions, or
(b)encouraging activities that consist of, or cause or contribute to, reductions in greenhouse gas emissions or removal of greenhouse gases from the atmosphere.
A Regulatory Impact Assessment has not been produced in relation to this Order as it has no direct impact on businesses, charities or the voluntary sector.