# The Climate Change (Scotland) Act 2009 (Commencement No. 1) Order 2009, Note: Explanatory note


(This note is not part of the Order)
This Order provides for three different dates for various provisions of the Climate Change (Scotland) Act 2009 (“the Act”) to come into force.
Under article 2(2) of the Order, the provisions of the Act listed in the following table come into force on 31st October 2009.
Column 1
Column 2
Provisions of the Act
Subject Matter
Sections 1 to 8
Setting of 2050, interim, annual and domestic effort targets
Section 9
Progress towards targets
Section 10
Greenhouse gases
Sections 11 and 12
The baseline
Section 13 to 23
Supplementary
Section 24
Meaning of advisory body
Section 26
Application of sections 27 to 32 and 56 (which have effect only from the date when an order is made by the Scottish Ministers designating an advisory body under section 24(1))
Sections 33 to 43
Reporting duties
Sections 53 to 55
Adaptation programmes
Section 57
Duty to produce a land use strategy
Section 58
Variation of permitted times for making muirburn
Section 59
Power to modify functions of Forestry Commissioners
Sections 60 to 62
Promotion of energy efficiency and renewable heat
Section 74
Duty of Scottish Water to promote water conservation and water–use efficiency
Sections 75 to 77
The Scottish civil estate
Sections 78 to 90
Waste reduction and recycling
Section 91
Public engagement
Section 92
Sustainable development
Section 93
Equal opportunities
Section 94
Impact of budget proposals on emissions
Section 95
Crown application
Section 97
Subordinate legislation: pre-laying procedure
Section 98
Interpretation
Section 99
Minor and consequential modifications (but only in relation to paragraphs 1, 2 and 7 of schedule 2)
Paragraphs 1, 2 and 7 of schedule 2
Minor and consequential modifications
Under article 2(3) of the Order, the provisions of the Act listed in the following table come into force on 1st April 2010.
Column 1
Column 2
Provisions of the Act
Subject Matter
Section 63
Non–domestic buildings: assessment of energy performance and emissions
Section 64
Living accommodation: assessment of energy performance and emissions
Sections 65 to 67
Energy efficiency discount schemes
Section 68
Climate change burdens
Section 69
Tenement Management Scheme: definition of “maintenance”
Section 71
Microgeneration in non-domestic buildings
Section 72
Development plans: inclusion of greenhouse gas emissions policies
Section 73
Annual report on operation of section 72
Under article 2(4) of the Order, sections 44 to 52 (duties of public bodies relating to climate change) of the Act come into force on 1st January 2011.
The Act received Royal Assent on 4th August 2009. Sections 96 and 100 came into force on Royal Assent. Section 70 came into force on the day after Royal Assent.

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Source: https://www.legislation.gov.uk/ssi/2009/341/note (the official version)
Page: https://openlegislation.uk/climate-change-scotland-act-2009-commencement-no-1-order-2009/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

