Climate change: legislation

Climate Change (Scotland) Act 2009

Part 1 of the Climate Change (Scotland) Act 2009 creates the statutory framework for greenhouse gas emissions reductions in Scotland by setting an interim 42% reduction target for 2020, with the power for this to be varied based on expert advice, and an 80% reduction target for 2050. To help ensure the delivery of these targets, this part of the Act also requires that the Scottish Ministers set annual targets, in secondary legislation, for Scottish emissions from 2010 to 2050.

Scottish Ministers take advice on the targets they set. This advice is provided by the UK Committee on Climate Change.

Part 2 of the Act contains provisions which allow Scottish Ministers to establish a Scottish Committee on Climate Change, or to designate an existing body to exercise advisory functions, should it be decided that this is appropriate.

Part 3 places duties on Scottish Ministers requiring that they report regularly to the Scottish Parliament on Scotland's emissions and on the progress being made towards meeting the emissions reduction targets set in the Act.

Part 4 places climate change duties on Scottish public bodies. This part also contains powers to enable the Scottish Ministers, by order, to impose further duties on public bodies in relation to climate change.

Part 5 includes provisions on climate change including adaptation, forestry, energy efficiency and waste reduction.

Part 6 relates to public engagement and includes provision on carbon assessment.

Secondary legislation

The following secondary legislation has been made under the Climate Change (Scotland) Act 2009:

The Climate Change (Scotland) Act 2009 (Commencement No. 1) Order 2009 – specifies the dates on which the various provisions in the Act come into force.

The Climate Change (Annual Targets) (Scotland) Order 2010 – sets the first batch of annual emissions reduction targets, for the period 2010-2022.

The Climate Change (Limit on Carbon Units) (Scotland) Order 2010 – places a limit of zero on the amount of carbon units that may be credited to the net Scottish emissions account for the period 2010-2012. It also specifies that certain carbon units associated with the EU Emissions Trading System do not count towards that limit.

The Carbon Accounting Scheme (Scotland) Regulations 2010 – establish the scheme for monitoring compliance with the annual emissions reduction targets set for 2010-2012. They also cover a range of administrative issues relating to emissions accounting, including specifying the circumstances in which carbon units may be credited to or debited from the net Scottish emissions account.

The Climate Change (International Aviation and Shipping) (Scotland) Order 2010 – describes the method by which emissions of greenhouse gases from international aviation and international shipping that are attributable to Scotland are calculated.

The Climate Change (Annual Targets) (Scotland) Order 2011 – sets the second batch of annual emissions reduction targets, for the period 2023 to 2027.

The Climate Change (Limit on Carbon Units) (Scotland) Order 2011 – places a limit on the amount of carbon units that may be credited to the net Scottish emissions account for the period 2013 to 2017. It also specifies that certain carbon units associated with the EU Emissions Trading System do not count towards that limit.

The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015 – requires bodies to prepare reports on compliance with climate change duties.

The Climate Change (Additional Greenhouse Gas) (Scotland) Order 2015 – adds nitrogen trifluoride as an additional greenhouse gas to the greenhouse gases listed in section 10(1) of the Climate Change (Scotland) Act 2009 and designates 1995 as the baseline year for nitrogen trifluoride.

The Carbon Accounting Scheme (Scotland) Amendment Regulations 2015 – amend the Carbon Accounting Scheme (Scotland) Regulations 2010.

The Carbon Accounting Scheme (Scotland) Amendment Regulations 2016 – amend the Carbon Accounting Scheme (Scotland) Regulations 2010.

The Climate Change (Annual Targets) (Scotland) Order 2016 – sets the third batch of annual emissions reduction targets, for the period 2028-2032.

The Climate Change (Limit on Use of Carbon Units) (Scotland) Order 2016 – places a limit on the amount of carbon units that may be credited to the net Scottish emissions account for the period 2018-2022. It also specifies that certain carbon units associated with the EU Emissions Trading System do not count towards that limit.

The Carbon Accounting Scheme (Scotland) Amendment Regulations 2017 – amend the Carbon Accounting Scheme (Scotland) Regulations 2010.

The following secondary legislation is associated with Part 5 of the Act:

• The Forestry Commissioners (Climate Change Functions) (Scotland) Order 2012

• The Single Use Carrier Bags Charge (Scotland) Regulations 2014

• The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016