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.