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

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.

Interpretation

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.

Reports

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.

Form and content

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.

AILEEN McLEOD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th October 2015

Article 2

SCHEDULE 1 LISTED BODIES

Ministers, The Parliament

• The Scottish Ministers

• The Scottish Parliamentary Corporate Body

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

• 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

• 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

• 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

• The Scottish Ambulance Service Board

• The State Hospitals Board for Scotland

Educational institutions

• 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

• The chief constable of the Police Service of Scotland

• The Scottish Police Authority

Others

• 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

• 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

• 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

• VisitScotland

Article 4

SCHEDULE 2 REPORT ON COMPLIANCE WITH CLIMATE CHANGE DUTIES

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.