The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015

Scottish Statutory Instruments

2015 No. 347

Climate Change

The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015

Made

6th October 2015

Laid before the Scottish Parliament

8th October 2015

Coming into force

23rd November 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 46(1) and 96(2)(a) of the Climate Change (Scotland) Act 2009(1) and all other powers enabling them to do so.

Citation and commencement S

1.  This Order may be cited as the Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015 and comes into force on 23rd November 2015.

Commencement Information

I1 Art. 1 in force at 23.11.2015, see art. 1

Interpretation S

2.  In this Order—

“the Act” means the Climate Change (Scotland) Act 2009;

“listed body” means any body which, any other person who, or the holder of any office which is listed in Schedule 1(2);

“report year” means the year for which a report is to be prepared under article 3(1);

“year” means a period of 12 months ending with 31st March; and

“year ahead” (in Schedule 2) means the year which follows the report year.

Commencement Information

I2 Art. 2 in force at 23.11.2015, see art. 1

Reports S

3.—(1) For each year, a listed body must prepare a report on compliance with its climate change duties.

(2) The listed body must send the report to the Scottish Ministers within a period of 8 months from the end of the report year.

Commencement Information

I3 Art. 3 in force at 23.11.2015, see art. 1

Form and content S

4.—(1) Each report must be in the form set out in Schedule 2.

(2) Each report must contain the information specified in the form set out in Schedule 2.

(3) The report may be sent to the Scottish Ministers in electronic form.

Commencement Information

I4 Art. 4 in force at 23.11.2015, see art. 1

AILEEN McLEOD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th October 2015

Article 2

SCHEDULE 1 S LISTED BODIES

Commencement Information

I5 Sch. 1 in force at 23.11.2015, see art. 1

Ministers, The Parliament S

• The Scottish Ministers

• The Scottish Parliamentary Corporate Body

Holders of offices in the Scottish Administration which are non-ministerial offices S

• Food Standards Scotland

• The Keeper of the Records of Scotland

• The Keeper of the Registers of Scotland

• The Office of the Scottish Charity Regulator

• The Registrar General of Births, Deaths and Marriages for Scotland

• Revenue Scotland

• The Scottish Courts and Tribunals Service

• The Scottish Housing Regulator

Local government S

• A council constituted by section 2 of the Local Government etc. (Scotland) Act 1994(3)

• A Transport Partnership created under the Transport (Scotland) Act 2005(4)

National health service S

• The Common Services Agency for the Scottish Health Service

• A Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(5)

• The National Waiting Times Centre Board

• NHS Education for Scotland

• [F1 Public Health Scotland]

• The Scottish Ambulance Service Board

• The State Hospitals Board for Scotland

Textual Amendments

F1 Words in sch. 1 inserted (1.4.2020) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(3)(b), sch. 2 para. 13(2) (with art. 4(4)(5))

Educational institutions S

• The board of management of a college of further education (within the meaning given by section 36(1) of the Further and Higher Education (Scotland) Act 1992(6))

• An institution which is a fundable post-16 education body in receipt of funding from the Scottish Further and Higher Education Funding Council or a regional strategic body (within the meaning of the Further and Higher Education (Scotland) Act 2005(7)), other than any such institution whose activities are principally carried on outwith Scotland

Police S

• The chief constable of the Police Service of Scotland

• The Scottish Police Authority

Others S

• Audit Scotland

• The Board of Trustees for the National Galleries of Scotland

• The Board of Trustees of the National Museums of Scotland

• The Board of Trustees of the Royal Botanic Garden, Edinburgh

• The British Waterways Board

• The Cairngorms National Park Authority

• Creative Scotland

• The Crofting Commission

• [F2 Crown Estate Scotland]

• Highlands and Islands Enterprise

• Historic Environment Scotland

• An integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014(8)

• The James Hutton Institute

• The Loch Lomond and The Trossachs National Park Authority

• The Moredun Research Institute

• The National Library of Scotland

• The Scottish Children’s Reporter Administration

• Scottish Enterprise

• The Scottish Environment Protection Agency

• The Scottish Fire and Rescue Service

• The Scottish Further and Higher Education Funding Council

• [F3 The Scottish Land Commission]

• The Scottish Legal Aid Board

• Scottish Natural Heritage

• The Scottish Public Services Ombudsman

• The Scottish Qualifications Authority

• The Scottish Social Services Council

• The Scottish Sports Council

• Scottish Water

• Social Care and Social Work Improvement Scotland

• [F4 South of Scotland Enterprise]

• VisitScotland

• [F5 The Scottish National Investment Bank p.l.c.]

Textual Amendments

F2 Words in sch. 1 inserted (9.11.2020) by The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020 (S.S.I. 2020/281), arts. 1, 2(2)(a) (with art. 3)

F3 Words in sch. 1 inserted (9.11.2020) by The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020 (S.S.I. 2020/281), arts. 1, 2(2)(b) (with art. 3)

F4 Words in sch. 1 inserted (16.10.2019) by South of Scotland Enterprise Act 2019 (asp 9), s. 24(2), sch. 2 para. 10; S.S.I. 2019/308, reg. 2

F5 Words in sch. 1 inserted (26.11.2020) by The Scottish National Investment Bank p.l.c. (Miscellaneous Listings) Order 2020 (S.S.I. 2020/401), arts. 1, 3(2)

Article 4

SCHEDULE 2 S F6 F7 F8 F9 F10 REPORT ON COMPLIANCE WITH CLIMATE CHANGE DUTIES

Textual Amendments

F6 Sch. 2: in para. 3(d), the words “targets for reducing indirect emissions of greenhouse gases,” are inserted after the words “Where applicable,” (9.11.2020) by The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020 (S.S.I. 2020/281), arts. 1, 2(3)(a)(i) (with art. 3)

F7 Sch. 2: in para. 3(d), the words “Where applicable, you should also provide the body’s target date for achieving zero direct emissions of greenhouse gases, or such other targets that demonstrate how the body is contributing to Scotland achieving its emissions reduction targets.” are inserted after the words “should be included.” (9.11.2020) by The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020 (S.S.I. 2020/281), arts. 1, 2(3)(a)(ii) (with art. 3)

F8 Sch. 2 para. 3(da)(db) inserted (9.11.2020) by The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020 (S.S.I. 2020/281), arts. 1, 2(3)(b) (with art. 3)

F9 Sch. 2: in para. 4(c), the words “The body may wish to make reference to the Scottish Climate Change Adaptation Programme (“the Programme”).” are inserted after the words “implement action.” (9.11.2020) by The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020 (S.S.I. 2020/281), arts. 1, 2(3)(c) (with art. 3)

F10 Sch. 2 para. 4(d) substituted (9.11.2020) by The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020 (S.S.I. 2020/281), arts. 1, 2(3)(d) (with art. 3)

Commencement Information

I6 Sch. 2 in force at 23.11.2015, see art. 1

EXPLANATORY NOTE

(This note is not part of the Order)

This Order requires the bodies listed in Schedule 1 to prepare reports on compliance with climate change duties imposed under (or by virtue of) section 44 of the Climate Change (Scotland) Act 2009.

It also sets out the information to be reported, the form of the reports and the period within which each report must be sent to the Scottish Ministers.

(1)

2009 asp 12; in section 46(1) “relevant public body” has the meaning given by section 44(5) of that Act (“the Act”). It refers to a Scottish public body (within the meaning of section 3(1)(a) of the Freedom of Information (Scotland) Act 2002 (asp 13)) which has climate change duties under section 44(1) or by virtue of section 44(3) of the Act.

(2)

Each listed body is a Scottish public authority within the meaning of section 3(1)(a) of the Freedom of Information (Scotland) Act 2002. By virtue of section 44 of the Climate Change (Scotland) Act 2009 (“the Act”) each listed body has climate change duties. Each body is, accordingly, a “relevant public body” for the purposes of Part 4 of the Act.

(3)

1994 c.39; section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

(4)

2005 asp 12.

(5)

1978 c.29; section 2 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 14(2) and Schedule 7, paragraph 1; the National Health Service and Community Care Act 1990 (c.19), section 66(1) and Schedule 9, paragraph 19(1); the National Health Service Reform (Scotland) Act 2004 (asp 7), schedule 1, paragraph 1(1) and (2) and the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), schedule 2, paragraph 2(1) and (2). There are other amendments to section 2 which are not relevant for the purposes of this instrument.

(6)

1992 c.37.

(7)

2005 asp 6; section 35(1) was relevantly amended by the Post-16 Education (Scotland) Act 2013 (asp 12) to include definitions for “fundable post-16 education body” and “regional strategic body”. There are other amendments which are not relevant for the purposes of this Order.

(8)

2014 asp 9.