Explanatory note

This Order makes provision regarding the emissions of greenhouse gases from international aviation and shipping that are to be attributable to Scotland.

The Scottish Ministers requested advice from the relevant body (the UK Committee on Climate Change (UKCCC)) as required by section 16(6) of the Climate Change (Scotland) Act 2009 (“the 2009 Act”). The UKCCC advice is set out in “Scotland’s path to a low carbon economy” dated February 2010, and available at http://www.theccc.org.uk/reports/scottish-report.

Section 10(1) of the 2009 Act defines “greenhouse gases”.

Articles 2 and 4 provide for a share of the annual United Kingdom emissions of each greenhouse gas from international aviation and shipping to be attributed to Scotland in the manner set out in Schedules 1 and 2.

The emissions so attributed will be included in net Scottish emissions for the purposes of the emissions targets in sections 1 (2050 target), 2 (interim target) and 3 (annual targets) of the 2009 Act.

The emissions attributed to international aviation are subject to a radiative force factor as required by section 16(3) of the 2009 Act. Article 3 provides that the radiative force factor for each greenhouse gas is 1.

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.