An Act of the Scottish Parliament to modify the Climate Change (Scotland) Act 2009 in relation to the targets for the reduction of greenhouse gas emissions; and for connected purposes.
Enacted
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 5th November 2024 and received Royal Assent on 22nd November 2024
(1)The Climate Change (Scotland) Act 2009 is modified as follows.(2)After section A1 insert—.(3)In section 97(1), before paragraph (a) insert—.
I22 Replacement of annual and interim targets with budget targets¶
(1)The Climate Change (Scotland) Act 2009 is modified as follows.(2)Section 2, and the italic cross heading immediately preceding it, are repealed.(3)Section 2A is repealed.(4)In section 2C—(a)in subsection (3)—(i)for paragraph (b) substitute—,(ii)in paragraph (d), for “interim” substitute “Scottish carbon budget”,(b)in subsection (4), for paragraphs (a) and (b) substitute—.(5)In section 2E—(a)after subsection (3) insert—,(b)subsections (4) and (5) are repealed.(6)Section 3, and the italic cross heading immediately preceding it, are repealed.(7)Section 3A is repealed.(8)Section 3B is repealed.(9)In section 3C—(a)in subsection (1), for paragraphs (b) and (c) substitute—,(b)for subsection (3) substitute—.(10)In section 9(2)(d), for “that year” substitute “the period of the Scottish carbon budget for the period ending with the target year”.(11)In section 13A—(a)in subsection (1), for “year” substitute “given period”,(b)in subsection (2)—(i)for “target year” substitute “period”,(ii)for “that year” substitute “that period”,(c)after subsection (2) insert—,(d)in subsection (3)—(i)in the opening words, for “a target year” substitute “a year that does not fall within a period covered by a Scottish carbon budget”,(ii)in paragraph (a), the word “target”, where it appears immediately before “year”, is repealed,(e)after subsection (3) insert—,(f)in subsection (4), in the opening words, for “a year” substitute “a period”.(12)In section 17(3), for “section 33” substitute “sections 33 and 34A”.(13)In section 18(2), for “section 33” substitute “sections 33 and 34A”.(14)In section 24(3)(a), for “2(1)” substitute “
A3”.(15)In section 33—(a)for subsections (1) and (2) substitute—,(b)in subsection (3), for “subsection (2)” substitute “subsections
(2) and (2A)”.(16)In section 34—(a)in subsection (1)—(i)in each of the following provisions, for “the year” substitute “each year”—(A)paragraph (a)(ii), (iii) and (iv),(B)paragraph (b)(i), (ii), (iii) and (iv),(C)paragraph (c)(i) and (ii),(ii)in paragraph (c)(iii)—(A)before “year” insert “final”,(B)the word “target” is repealed,(iii)in paragraph (d), for “target year preceding the” substitute “year between 2010 and the final”,(iv)in paragraph (e), before “year” insert “final”,(b)in subsection (3), for “an earlier target year” substitute “a year covered by a previous report under section 33 or 34A”.(17)After section 34 insert—.(18)In section 35(4)(b), for the words from “the same year” to “emissions” substitute “a”.(19)The title of section 36 becomes “Reports on proposals and policies where emissions reduction targets not met”.(20)In section 42—(a)for subsection (1A) substitute—,(b)in subsection (2), after paragraph (a) insert—,(c)in subsection (3), after “33” insert “or
34A”.(21)In section 57(3)(a), for “1, 2(1) or 3(1)(b)” substitute “A1 or A3”.(22)In section 96(7)(aa), for “year” substitute “period”.(23)In section 97(1)(b), for “year” substitute “period”.(24)In section 98—(a)the definition of “annual target” is repealed,(b)in the definition of “emissions reduction target”, for paragraphs (a) and (b) substitute—,(c)the definition of “interim target” is repealed,(d)after the definition of “renewable sources” insert—,(e)for the definition of “target year” substitute—.
(1)The Scottish Ministers must lay a draft climate change plan before the Scottish Parliament before the end of the period of 2 months beginning with the day that the first regulations setting a Scottish carbon budget under section A4 of the Climate Change (Scotland) Act 2009 come into force.(2)The Climate Change (Scotland) Act 2009 is modified as follows.(3)In section 35(1), for paragraph (a) substitute—.
I44 Content of plan: budget-period breakdown of costs and benefits¶
(1)The Climate Change (Scotland) Act 2009 is modified as follows.(2)In section 35(21), after “plan” the second time it occurs insert “, broken down by reference to the period covered by a Scottish carbon budget in which those costs and benefits are expected to arise”.
I55 Content of plan: contribution of policies to meeting targets¶
(1)The Climate Change (Scotland) Act 2009 is modified as follows.(2)In section 35(5)—(a)the words “the Scottish Ministers’ proposals and policies regarding” are repealed,(b)after “contributions” insert “(in measurable terms)”,(c)the words “each of the sectors mentioned in subsection (3)” become paragraph (a),(d)after that paragraph insert .
I99 Report on proposals and policies where targets at risk of not being met¶
(1)The Climate Change (Scotland) Act 2009 is modified as follows.(2)In section 35B, after subsection (2) insert—.
I1010 Deadline for report on proposals and policies where targets not met¶
(1)The Climate Change (Scotland) Act 2009 is modified as follows.(2)In section 36(2), for the words from “As soon” to “laid” substitute “Within the period of 6 months beginning with the day that the report referred to in subsection (1) is laid before the Parliament”.
I1111 Annual progress reports on climate change plan: further procedure¶
(1)The Climate Change (Scotland) Act 2009 is modified as follows.(2)In section 42(2), after paragraph (ab) (which is inserted by section 2 of this Act) insert—.
I1212 Assessing the impact of major capital projects on meeting targets¶
(1)The Climate Change (Scotland) Act 2009 is modified as follows.(2)In section 33, before subsection (2A) (inserted by section 2(15)(a) of this Act) insert—.(3)In section 35, after subsection (20) insert—.
I1313 Further provision about setting first budgets¶
(1)The first regulations under section A4 of the 2009 Act setting Scottish carbon budgets are to do so by—(a)inserting a new section into
the 2009 Act, and(b)replacing the words “by virtue of regulations under section A4” in section A2(5) of
the 2009 Act with a cross reference to the new section.(2)The Scottish Ministers may not conclude their preparation of the first draft regulations under section A4 of the 2009 Act to be laid before the Scottish Parliament for approval, until they have received advice from the relevant body on setting Scottish carbon budgets following a request for that advice under section 2C or 2D of the 2009 Act.(3)The Scottish Ministers must lay draft regulations under section A4 of the 2009 Act before the Scottish Parliament for approval within the period of 3 months beginning with their receiving the advice that subsection (2) requires them to have received before they conclude their preparation of the first draft regulations.(4)If the Scottish Ministers request advice under section 2C of the 2009 Act before the first regulations under section A4 of
that Act have come into force, section 2C is to be read in relation to that request as though—(a)a reference to a Scottish carbon budget were a reference to the Scottish carbon budget that the relevant body has advised, or intends to advise, the Scottish Ministers to set, and(b)a reference to a Scottish carbon budget target were a reference to the Scottish carbon budget target that would arise from a Scottish carbon budget that the relevant body has advised, or intends to advise, the Scottish Ministers to set.(5)In this section—
“2009 Act” means the Climate Change (Scotland) Act 2009,
“relevant body” has the meaning given in the 2009 Act.
(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.(2)Regulations under this section may—(a)modify any enactment (including this Act), and(b)make different provision for different purposes.(3)Regulations under this section—(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but(b)otherwise, are subject to the negative procedure.