Scottish Statutory Instruments
2009 No. 341 (C. 27)
Climate Change
The Climate Change (Scotland) Act 2009 (Commencement No. 1) Order 2009
Made
6th October 2009
The Scottish Ministers make the following Order in exercise of the powers conferred by section 100(2) and (5) of the Climate Change (Scotland) Act 2009(1).
Citation
1. This Order may be cited as the Climate Change (Scotland) Act 2009 (Commencement No. 1) Order 2009.
Commencement
2.—(1) Provisions of the Climate Change (Scotland) Act 2009 come into force as follows.
(2) The following provisions come into force on 31st October 2009—
(a)sections 1 to 24, 26, 33 to 43, 53 to 55, 57 to 62, 74 to 95, 97 and 98;
(b)section 99, but only insofar as it relates to the provisions of schedule 2 mentioned in sub‑paragraph (c); and
(c)paragraphs 1, 2 and 7 of schedule 2.
(3) Sections 63 to 69 and 71 to 73 come into force on 1st April 2010.
(4) Sections 44 to 52 come into force on 1st January 2011.
STEWART STEVENSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
6th October 2009
EXPLANATORY NOTE
(This note is not part of the Order)
This Order provides for three different dates for various provisions of the Climate Change (Scotland) Act 2009 (“the Act”) to come into force.
Under article 2(2) of the Order, the provisions of the Act listed in the following table come into force on 31st October 2009.
Column 1 | Column 2 |
|---|---|
Provisions of the Act | Subject Matter |
| Sections 1 to 8 | Setting of 2050, interim, annual and domestic effort targets |
| Section 9 | Progress towards targets |
| Section 10 | Greenhouse gases |
| Sections 11 and 12 | The baseline |
| Section 13 to 23 | Supplementary |
| Section 24 | Meaning of advisory body |
| Section 26 | Application of sections 27 to 32 and 56 (which have effect only from the date when an order is made by the Scottish Ministers designating an advisory body under section 24(1)) |
| Sections 33 to 43 | Reporting duties |
| Sections 53 to 55 | Adaptation programmes |
| Section 57 | Duty to produce a land use strategy |
| Section 58 | Variation of permitted times for making muirburn |
| Section 59 | Power to modify functions of Forestry Commissioners |
| Sections 60 to 62 | Promotion of energy efficiency and renewable heat |
| Section 74 | Duty of Scottish Water to promote water conservation and water–use efficiency |
| Sections 75 to 77 | The Scottish civil estate |
| Sections 78 to 90 | Waste reduction and recycling |
| Section 91 | Public engagement |
| Section 92 | Sustainable development |
| Section 93 | Equal opportunities |
| Section 94 | Impact of budget proposals on emissions |
| Section 95 | Crown application |
| Section 97 | Subordinate legislation: pre-laying procedure |
| Section 98 | Interpretation |
| Section 99 | Minor and consequential modifications (but only in relation to paragraphs 1, 2 and 7 of schedule 2) |
| Paragraphs 1, 2 and 7 of schedule 2 | Minor and consequential modifications |
Under article 2(3) of the Order, the provisions of the Act listed in the following table come into force on 1st April 2010.
Column 1 | Column 2 |
|---|---|
Provisions of the Act | Subject Matter |
| Section 63 | Non–domestic buildings: assessment of energy performance and emissions |
| Section 64 | Living accommodation: assessment of energy performance and emissions |
| Sections 65 to 67 | Energy efficiency discount schemes |
| Section 68 | Climate change burdens |
| Section 69 | Tenement Management Scheme: definition of “maintenance” |
| Section 71 | Microgeneration in non-domestic buildings |
| Section 72 | Development plans: inclusion of greenhouse gas emissions policies |
| Section 73 | Annual report on operation of section 72 |
Under article 2(4) of the Order, sections 44 to 52 (duties of public bodies relating to climate change) of the Act come into force on 1st January 2011.
The Act received Royal Assent on 4th August 2009. Sections 96 and 100 came into force on Royal Assent. Section 70 came into force on the day after Royal Assent.