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The Climate Change (Additional Greenhouse Gas) (Scotland) Order 2015

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2015, ISBN 9780111027394

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 96(4) of the Climate Change (Scotland) Act 2009 for approval by resolution of the Scottish Parliament.

Climate Change

Made

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 10(2)(a), 12(3) and 96(3) of the Climate Change (Scotland) Act 2009f1 and all other powers enabling them to do so.

In accordance with section 96(4) of that Actf2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Before the draft was so laid, the Scottish Ministers requested advice from the UK Committee on Climate Changef3 in accordance with section 10(4) of that Act.

In accordance with section 10(3) of that Act, it appears to the Scottish Ministers that an agreement at international level recognises that the gas to be added to section 10(1) of that Act contributes to climate change.

Annotations to the whole text

Footnotes

f1

2009 asp 12.

f2

Section 96(4) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

f3

Section 10(4) requires that the Scottish Ministers must request advice from the relevant body. In terms of section 5(7)(a) and (8) the relevant body is the UK Committee on Climate Change.

Contents

  1. 1Citation and commencement
  2. 2Modification of section 10 of the Climate Change (Scotland) Act 2009
  3. 3Modification of section 11 of the Climate Change (Scotland) Act 2009
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Climate Change (Additional Greenhouse Gas) (Scotland) Order 2015 and comes into force on the day after it is made.

2Modification of section 10 of the Climate Change (Scotland) Act 2009

After section 10(1)(f) of the Climate Change (Scotland) Act 2009, insert—

“(g)

nitrogen trifluoride.”.

3Modification of section 11 of the Climate Change (Scotland) Act 2009

After section 11(2)(e) of the Climate Change (Scotland) Act 2009, insert—

“(f)

for nitrogen trifluoride, 1995.”.

Signature

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Order)

This Order modifies the Climate Change (Scotland) Act 2009 (“the 2009 Act”) by adding nitrogen trifluoride as an additional greenhouse gas to the greenhouse gases listed in section 10(1). Article 3 designates 1995 as the baseline year for nitrogen trifluoride.

Nitrogen trifluoride (NF3) is recognised as a gas which contributes to climate change in the 2006 IPCC Guidelines for National Greenhouse Gas Inventories, as adopted by the Conference of the Parties to the United Nations Framework Convention on Climate Change in decision 24/CP.19. That decision is available at http://unfccc.int/resource/docs/2013/cop19/eng/10a03.pdf#page=2/.

The Scottish Ministers requested advice from the UK Committee on Climate Change as required by section 10(4) of the 2009 Act. That advice is available at http://www.theccc.org.uk/publication/letter-inclusion-of-nitrogen-trifluoride-in-the-climate-change-scotland-act-2009-targeted-gases/.

A Regulatory Impact Assessment has not been produced in relation to this Order as it has no direct impact on businesses, charities or the voluntary sector.