Climate Change (Scotland) Act 2009

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Climate Change (Scotland) Act 2009
Act of the Scottish Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Scottish Parliament
Long title 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.
Citation 2009 asp 12
Dates
Royal assent 4 August 2009
Other legislation
Amended byClimate Change (Emissions Reduction Targets) (Scotland) Act 2019
Status: Amended
Text of statute as originally enacted
Text of the Climate Change (Scotland) Act 2009 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Climate Change (Scotland) Act 2009 is an Act of the Scottish Parliament concerning the setting of emissions reductions targets and certain other matters. [1]

Contents

History

Role in the formation of the first Scottish National Party government

In May 2007 the Scottish Green Party supported Alex Salmond's first election as First Minister, and his subsequent appointments of ministers, in return for early tabling of the climate change bill and the SNP nominating a Green MSP to chair a parliamentary committee. [2]

Consultation

The government consulted on the legislation and received more than 21,000 responses. [3] The bill was announced in December 2008. [4]

Parliamentary passage

The Bill was passed unanimously by the Scottish Parliament on 24 June 2009 and received royal assent on 4 August.

Provisions

Provisions are included in the Act for the creation of a Scottish Committee on Climate Change, as at present the only advisory body is the UK-wide Committee on Climate Change. [1] [5] Ministers in parliament must now report on the progress of these targets. [6] As of January 2011, public sector bodies in Scotland must comply with new guidelines set out by the Scottish Government. [7]

The act acknowledged transport as a major source of emissions. [8]

The act requires that a 42% cut in greenhouse gas emissions by 2020 and 80% by 2050. [9]

Under an amendment to the act carried, introduced by Patrick Harvie, the legislation prevented the Scottish Government from building a new coal-fired power station at Hunterston. [10]

The act amended the Title Conditions (Scotland) Act 2003, by inserting a new section creating an additional personal real burden, known as a "climate change burden", which conveyancers can use in their work. [11]

Until 2024, the legislation required the setting of annual interim targets. [12]

Amendments

Climate Change (Emissions Reduction Targets) (Scotland) Act 2019

Climate Change (Emissions Reduction Targets) (Scotland) Act 2019
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act of the Scottish Parliament to amend the Climate Change (Scotland) Act 2009 to make provision setting targets for the reduction of greenhouse gases emissions and to make provision about advice, plans and reports in relation to those targets, with the objective of Scotland contributing appropriately to the world's efforts to deliver on the Paris Agreement reached at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change.
Citation 2019 asp 15
Introduced by Roseanna Cunningham MSP
Dates
Royal assent 31 October 2019
Status: Current legislation

The act was amended in 2019 to remove the target of a reduction in greenhouse gas emissions of 75% for 2030, compared to 1990 levels. [13]

Climate Change (Emissions Reduction Targets) (Scotland) Act 2024

Climate Change (Emissions Reduction Targets) (Scotland) Act 2024
Act of Parliament
Coat of arms of the United Kingdom (2022, variant 1).svg
Long title An Act of the Scottish Parliament to modify the Climate Change (Scotland) Act 2009 in relation to the targets for the reduction of greenhouse gas emissions; and for connected purposes.
Citation 2024 asp 15
Introduced by Gillian Martin MSP
Dates
Royal assent 22 November 2024
Status: Current legislation

The setting of interim targets was replaced with a system measuring emissions every five years. [12]

Secondary legislation

Eight pieces of secondary legislation have been made under the Act:

  1. Climate Change (Scotland) Act 2009 (Commencement No. 1) Order 2009
  2. Carbon Accounting Scheme (Scotland) Regulations 2010
  3. Climate Change (Limit on Carbon Units) (Scotland) Order 2010, for the period 2010–2012, includes a specification that certain carbon units associated with the European Union Emission Trading Scheme do not count towards the limit for that period
  4. Climate Change (International Aviation and Shipping) (Scotland) Order 2010, describes the method for calculating emissions of greenhouse gases from international aviation and shipping that are attributable to Scotland
  5. Climate Change (Annual Targets) (Scotland) Order 2010, for the period 2010-2022
  6. Waste Information (Scotland) Regulations 2010, introduce a statutory obligation on bodies to provide the Scottish Environmental Protection Agency with data upon request
  7. Climate Change (Annual Targets) (Scotland) Order 2011, for the period 2023-2027
  8. Climate Change (Limit on Carbon Units) (Scotland) Order 2011

See also

References

  1. 1 2 Climate Change (Scotland) Act 2009, London, HMSO. [Retrieved 1 May 2010]
  2. ↑ "SNP and Greens sign working deal". BBC News Scotland. 11 May 2007. Retrieved 16 March 2013.
  3. ↑ "Climate bill 'could lead world'". BBC News. 5 December 2008.
  4. ↑ "Climate Change Bill 'most ambitious anywhere in world'". The Scotsman. 5 December 2008. Retrieved 23 November 2016.
  5. ↑ http://www.scotland.gov.uk/Topics/Environment/climatechange/scotlands-action/climatechangeact/advisorybody Advisory Body
  6. ↑ Scottish Government report on 2010 emissions.
  7. ↑ http://www.scotland.gov.uk/Topics/Environment/climatechange/scotlands-action/climatechangeact/publicsector Duties on public sector bodies
  8. ↑ Gilmour, Ruaraidh (23 April 2025). "Switching lanes: Scotland's plan to make transport more sustainable". Holyrood Magazine. Archived from the original on 23 April 2025. Retrieved 4 May 2025.
  9. ↑ "Scotland misses greenhouse emission target". BBC News. 8 June 2015. Archived from the original on 10 June 2015. Retrieved 4 May 2025.
  10. ↑ "Climate Change Debate". BBC News. 18 March 2010. Archived from the original on 7 June 2012. Retrieved 4 May 2025.
  11. ↑ "Cool drafting". Law Society of Scotland. 15 November 2010. Archived from the original on 16 April 2024. Retrieved 4 May 2025.
  12. 1 2 "Scottish government scraps climate change targets". BBC News. 18 April 2024. Archived from the original on 2 February 2025. Retrieved 4 May 2025.
  13. ↑ Fankhauser, Sam (18 April 2024). "Scotland is ditching its flagship 2030 climate goal – why legally binding targets really matter". The Conversation. Archived from the original on 14 July 2024. Retrieved 4 May 2025.
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