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Climate Change (Scotland) Act 2009

2009 asp 12 · Enacted 4 August 2009 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 November 2025.

An Act of the Scottish Parliament to set a target for the year 2050, an interim target for the year 2020, and to provide for annual targets, for the reduction of greenhouse gas emissions; to provide about the giving of advice to the Scottish Ministers relating to climate change; to confer power on Ministers to impose climate change duties on public bodies; to make further provision about mitigation of and adaptation to climate change; to make provision about energy efficiency, including provision enabling council tax discounts; to make provision about the reduction and recycling of waste; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th June 2009 and received Royal Assent on 4th August 2009

Contents

  1. Part 1: Emissions reduction targets
  2. The net-zero emissions target
  3. A1The net-zero emissions target
  4. Scottish carbon budgets
  5. A2Scottish carbon budgets and associated concepts
  6. A2AScottish carbon budgets: 2026 to 2045
  7. A3Duty of Scottish Ministers in relation to budgets
  8. A4Budget-setting regulations
  9. A5Alteration of budget periods
  10. ...
  11. 1The 2050 target Repealed
  12. ...
  13. 2The interim targets Repealed
  14. 2AModification of the interim targets Repealed
  15. The target-setting criteria
  16. 2BThe target-setting criteria
  17. Advice about targets
  18. 2CDuty to seek advice from the relevant body
  19. 2DPower to seek additional advice
  20. 2EMinisterial duties following request for advice
  21. ...
  22. 3Annual targets: 2021 to year before net-zero year Repealed
  23. 3AAnnual targets: recalculation if net-zero emissions target year is in certain periods Repealed
  24. 3BAnnual targets: further rules on recalculation Repealed
  25. Information about targets
  26. 3CPublication of targets
  27. 4Setting annual targets Repealed
  28. 5Advice before setting annual targets Repealed
  29. 6Modifying annual targets etc. Repealed
  30. 7Advice before modifying annual targets etc. Repealed
  31. ...
  32. 8The domestic effort target Repealed
  33. Nitrogen balance sheet
  34. 8ANitrogen balance sheet
  35. Advice on progress
  36. 9Progress towards targets
  37. Greenhouse gases
  38. 10Greenhouse gases
  39. Baseline
  40. 11The baseline
  41. 12Baselines for additional greenhouses gases
  42. Supplementary
  43. 13The net Scottish emissions account
  44. 13APermitted use of carbon units purchased by the Scottish Ministers
  45. 14Restriction on use in 2010–2017 of carbon units purchased by Scottish Ministers Repealed
  46. 15Attribution of emissions to Scotland
  47. 16Scottish share of emissions from international aviation and international shipping
  48. 17Scottish emissions and removals
  49. 18Measurement of emissions etc.
  50. 19International carbon reporting practice
  51. 20Carbon units and carbon accounting
  52. 20AThe relevant body
  53. 21Limits on use of carbon units Repealed
  54. 22Modifying limits on use of carbon units etc. Repealed
  55. 23Advice before setting or modifying limits on use of carbon units etc. Repealed
  56. Part 2: Advisory functions
  57. Advisory body
  58. 24Meaning of advisory body
  59. Scottish Committee on Climate Change
  60. 25Scottish Committee on Climate Change Not yet in force
  61. 26Application of sections 30 to 32 and 56
  62. 27Advice on annual targets etc. Not yet in force
  63. 28Reporting on progress towards targets Not yet in force
  64. 29Scottish Ministers' response to reports on progress Not yet in force
  65. 30Duty of advisory body to provide advice or other assistance Not yet in force
  66. 31Guidance to advisory body Not yet in force
  67. 32Power to give directions to advisory body Not yet in force
  68. Part 2A: Citizens Assembly
  69. 32ACitizens assembly
  70. Part 3: Reporting and planning duties
  71. Reporting
  72. 33Reports on emissions reduction targets
  73. 34Reports on emissions reduction targets: further content
  74. 34AAnnual report on emissions reduction
  75. Climate change plan
  76. 35Climate change plan
  77. 35ZAPreparation of climate change plan: public consultation
  78. 35AClimate change plan: further procedure
  79. 35BClimate change plan: annual progress reports
  80. 35CJust transition principles
  81. 36Reports on proposals and policies where emissions reduction targets not met
  82. Other reporting provisions
  83. 37Reports on emissions attributable to Scottish consumption of goods and services
  84. 37AReports on land use strategy
  85. 38Reports on impact on emissions of exercise of electricity generation related functions Repealed
  86. 39Report on progress towards meeting the interim target Repealed
  87. 40Report on the interim target Repealed
  88. 41Report on the 2050 target Repealed
  89. 42Reports: provision of further information to the Scottish Parliament
  90. 43Further provision about reporting duties
  91. Part 4: Duties of public bodies relating to climate change
  92. Duties of public bodies
  93. 44Duties of public bodies relating to climate change
  94. 45Guidance to relevant public bodies
  95. 46Reporting on climate change duties
  96. Monitoring body
  97. 47Appointment of monitoring body
  98. Investigations
  99. 48Investigations
  100. 49Investigations: investigators' powers
  101. 50Reporting by monitoring body
  102. 51Guidance to monitoring body
  103. 52Power to direct monitoring body
  104. Part 5: Other climate change provisions
  105. Chapter 1: Adaptation
  106. Adaptation programmes
  107. 53Programmes for adaptation to climate change
  108. 54Reports on progress towards implementation of programmes for adaptation
  109. 55Progress towards implementation of programmes for adaptation
  110. 56Reports on programmes for adaptation Not yet in force
  111. Chapter 2: Land use
  112. Land use strategy
  113. 57Duty to produce a land use strategy
  114. Muirburn
  115. 58Variation of permitted times for making muirburn
  116. Forestry
  117. 59Power to modify functions of Forestry Commissioners Repealed
  118. Chapter 3: Energy efficiency
  119. Promotion of energy efficiency and renewable heat
  120. 60Duty of Scottish Ministers to promote energy efficiency
  121. 61Duty of Scottish Ministers to promote renewable heat
  122. 62Laying of plans and reports
  123. Energy performance of non-domestic buildings
  124. 63Non-domestic buildings: assessment of energy performance and emissions
  125. Energy performance of living accommodation
  126. 64Living accommodation: assessment of energy performance and emissions
  127. Energy efficiency discount schemes
  128. 65Duty of local authorities to establish energy efficiency discount schemes
  129. 66Review of energy efficiency discount schemes
  130. 67Non-domestic rates: discounts for energy efficiency etc.
  131. Climate change burdens
  132. 68Climate change burdens
  133. Tenement Management Scheme
  134. 69Tenement Management Scheme: definition of “maintenance”
  135. Permitted development rights
  136. 70Air source heat pumps and micro wind turbines in domestic properties
  137. 71Microgeneration in non-domestic buildings
  138. Development plans
  139. 72Development plans: inclusion of greenhouse gas emissions policies Repealed
  140. 73Annual report on operation of section 72 Repealed
  141. Promotion of water conservation and water-use efficiency
  142. 74Duty of Scottish Water to promote water conservation and water-use efficiency
  143. Chapter 4: The Scottish civil estate
  144. 75Energy performance of buildings procured for the Scottish civil estate
  145. 76Report on the Scottish civil estate
  146. 77Scottish civil estate: supplementary
  147. Chapter 5: Waste reduction and recycling
  148. Waste prevention and management plans
  149. 78Waste prevention and management plans
  150. Restrictions on the disposal of unsold consumer goods
  151. 78ARestrictions on the disposal of unsold consumer goods
  152. Waste data
  153. 79Information on waste
  154. Deposit of recyclable waste etc.
  155. 80Recyclable waste: facilities for deposit etc.
  156. 81Recyclable waste: facilities for deposit at events etc.
  157. Procurement of recyclate
  158. 82Procurement of recyclate
  159. 82AProcurement of recycled and recyclable products etc.
  160. Reduction of packaging
  161. 83Targets for reduction of packaging etc.
  162. Deposit and return
  163. 84Deposit and return schemes
  164. 85Deposit and return schemes: designation of scheme administrator
  165. 86Power to establish scheme administrator
  166. 87Finance of scheme administrator
  167. Chargeable items
  168. 87ACharges for supply of single-use items
  169. ...
  170. 88Charges for supply of carrier bags
  171. ...
  172. 88AOffences relating to supply of chargeable items: fixed penalty notices
  173. General provision
  174. 89Enforcement authorities
  175. 90Penalties
  176. Part 6: General and miscellaneous
  177. 91Public engagement
  178. 92Sustainable development
  179. 93Equal opportunities
  180. 94Impact of budget proposals on emissions
  181. 94AImpact of infrastructure investment on emissions
  182. 95Crown application
  183. 96Subordinate legislation
  184. 97Subordinate legislation: pre-laying procedure
  185. 98Interpretation
  186. 99Minor and consequential modifications
  187. 100Short title and commencement
  188. Schedule 1: The Scottish Committee on Climate Change Not yet in force
  189. Status Not yet in force
  190. 1Paragraph 1 Not yet in force
  191. Membership of the Committee Not yet in force
  192. 2Paragraph 2 Not yet in force
  193. Period, and conditions, of appointment of members Not yet in force
  194. 3Paragraph 3 Not yet in force
  195. Persons not eligible for appointment Not yet in force
  196. 4Paragraph 4 Not yet in force
  197. Removal of members of Committee Not yet in force
  198. 5Paragraph 5 Not yet in force
  199. Remuneration, allowances and pensions of members Not yet in force
  200. 6Paragraph 6 Not yet in force
  201. Chief executive and other employees Not yet in force
  202. 7Paragraph 7 Not yet in force
  203. Accounts Not yet in force
  204. 8Paragraph 8 Not yet in force
  205. Reports Not yet in force
  206. 9Paragraph 9 Not yet in force
  207. Sub-committees Not yet in force
  208. 10Paragraph 10 Not yet in force
  209. Proceedings Not yet in force
  210. 11Paragraph 11 Not yet in force
  211. Delegation of functions Not yet in force
  212. 12Paragraph 12 Not yet in force
  213. General powers Not yet in force
  214. 13Paragraph 13 Not yet in force
  215. Schedule 1A: FIXED PENALTIES
  216. Preliminary
  217. 1Paragraph 1
  218. Content of fixed penalty notice
  219. 2Paragraph 2
  220. Period in which notice can be given
  221. 3Paragraph 3
  222. Amount of penalty
  223. 4Paragraph 4
  224. Deadlines for payment
  225. 5Paragraph 5
  226. Method of payment
  227. 6Paragraph 6
  228. Restriction on proceedings and effect of payment
  229. 7Paragraph 7
  230. Withdrawal of fixed penalty notice
  231. 8Paragraph 8
  232. Effect of prosecution on fixed penalty notice
  233. 9Paragraph 9
  234. General and supplemental
  235. 10Paragraph 10
  236. 11Paragraph 11
  237. 12Paragraph 12
  238. Schedule 2: Minor and consequential modifications
  239. Hill Farming Act 1946 (c. 73)
  240. 1Paragraph 1
  241. Environment Act 1995 (c. 25)
  242. 2Paragraph 2
  243. Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) Not yet in force
  244. 3Paragraph 3 Not yet in force
  245. Scottish Public Services Ombudsman Act 2002 (asp 11) Not yet in force
  246. 4Paragraph 4 Not yet in force
  247. Freedom of Information (Scotland) Act 2002 (asp 13) Not yet in force
  248. 5Paragraph 5 Not yet in force
  249. Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) Not yet in force
  250. 6Paragraph 6 Not yet in force
  251. Housing (Scotland) Act 2006 (asp 1)
  252. 7Paragraph 7