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The Climate Change (Scotland) Act 2009 (Scottish Carbon Budgets) Amendment Regulations 2025

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

Draft 2025, ISBN 9780111063286

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 Regulations 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 2025

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the power conferred by section A4(1) of the Climate Change (Scotland) Act 2009 (“the 2009 Act”)f1 and all other powers enabling them to do so.

In accordance with section A4(4) of that Act, the Scottish Ministers have had regard to the target-setting criteriaf2 and have taken into account the most up-to-date advice from the relevant bodyf3.

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

In accordance with section 13(2) of the Climate Change (Emissions Reduction Targets) Act 2024f4, the Scottish Ministers have received advice from the relevant body following a request for that advice under section 2C(1) of the 2009 Act.

Annotations to the whole text

Footnotes

f1

2009 asp 12 (“the 2009 Act”). Section A4 of the 2009 Act was inserted by section 1 of the Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15). Section 96(3) of the 2009 Act states that regulations made under the Act may modify any enactment including the 2009 Act.

f2

“Target-setting criteria” has the meaning given by section 2B of the 2009 Act. Section 2B was inserted by section 5 of the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (asp 15) (“the 2019 Act”).

f3

“Relevant body” has the meaning given by section 20A of the 2009 Act. Section 20A was inserted by paragraph 5 of the schedule of the 2019 Act. The “relevant body” is the UK Committee on Climate Change.

f4

2024 asp 15.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Climate Change (Scotland) Act 2009
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Climate Change (Scotland) Act 2009 (Scottish Carbon Budgets) Amendment Regulations 2025 and come into force on the day after the day on which they are made.

2Amendment of the Climate Change (Scotland) Act 2009

(1)

The Climate Change (Scotland) Act 2009 is amended in accordance with paragraphs (2) and (3).

(2)

In section A2(5) (Scottish carbon budgets and associated concepts), for “by virtue of regulations under section A4” substitute “in section A2A”.

(3)

After section A2 insert—

“Scottish carbon budgets: 2026 to 2045

A2A
(1)

The Scottish carbon budget for the period in column 1 of the following table is the corresponding proportion of the budget-relevant baseline in column 2—

Column 1

Scottish carbon budget period

Column 2

Proportion of budget-relevant baseline
2026 to 203043%
2031 to 203531%
2036 to 204020%
2041 to 20456%
(2)

In subsection (1), “budget-relevant baseline” means the baseline multiplied by the number of years comprising the period in column 1.”.

Signature

Name

A member of the Scottish Government

St Andrew's House,

Edinburgh

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations are made under section A4(1) of the Climate Change (Scotland) Act 2009 (“the 2009 Act”) which requires the Scottish Ministers to set Scottish carbon budgets so that every year between 2026 and the net-zero emissions target year is covered by a budget. A Scottish carbon budget is the number of tonnes of carbon dioxide equivalent prescribed for a given period. The Scottish Ministers have a duty under section A3 of the 2009 Act to ensure that each Scottish carbon budget target is met.

Regulation 2(3) amends the 2009 Act by inserting a new section A2A which sets out the carbon budgets for the periods 2026 to 2030, 2031 to 2035, 2036 to 2040 and 2041 to 2045. The carbon budgets are expressed as a proportion of the budget-relevant baseline for each carbon budget period. The “budget-relevant baseline” is the baseline, as defined in section 11 of the 2009 Act, multiplied by the number of years comprising a carbon budget period. This reflects that while the baseline is derived from annual figures, carbon budgets are multi-year figures.

Regulation 2(2) amends section A2(5) of the 2009 Act to refer to the new section A2A.