Climate Change (Scotland) Act 2009
{{Use dmy dates|date=November 2022}}
{{Use British English|date=May 2013}}
{{Infobox UK legislation
| short_title = Climate Change (Scotland) Act 2009
| type = Scottish Act
| parliament = 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.
| year = 2009
| citation = 2009 asp 12
| introduced_by =
| territorial_extent =
| royal_assent = 4 August 2009
| commencement =
| expiry_date =
| repeal_date =
| amends =
| replaces =
| amendments = Climate Change (Emissions Reduction Targets) (Scotland) Act 2019
| repealing_legislation =
| related_legislation =
| status = amended
| legislation_history =
| theyworkforyou =
| millbankhansard =
| original_text = https://www.legislation.gov.uk/asp/2009/12/enacted
| revised_text =
| use_new_UK-LEG = yes
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}}The Climate Change (Scotland) Act 2009 is an Act of the Scottish Parliament concerning the setting of emissions reductions targets and certain other matters.[http://www.opsi.gov.uk/legislation/scotland/acts2009/pdf/asp_20090012_en.pdf Climate Change (Scotland) Act 2009], London, HMSO. [Retrieved 1 May 2010]
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.{{cite web |date=11 May 2007 |title=SNP and Greens sign working deal |url=http://news.bbc.co.uk/2/hi/uk_news/scotland/6646227.stm |accessdate=16 March 2013 |publisher=BBC News Scotland}}
= Consultation =
The government consulted on the legislation and received more than 21,000 responses.{{cite news |date=5 December 2008 |title=Climate bill 'could lead world' |url=http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/7767061.stm |publisher=BBC News}} The bill was announced in December 2008.{{cite news |date=5 December 2008 |title=Climate Change Bill 'most ambitious anywhere in world' |url=http://www.scotsman.com/news/climate-change-bill-most-ambitious-anywhere-in-world-1-1149852 |accessdate=23 November 2016 |work=The Scotsman}}
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.http://www.scotland.gov.uk/Topics/Environment/climatechange/scotlands-action/climatechangeact/advisorybody Advisory Body Ministers in parliament must now report on the progress of these targets.[http://www.scotland.gov.uk/News/Releases/2012/07/GHGemissions17072012 Scottish Government report on 2010 emissions.] As of January 2011, public sector bodies in Scotland must comply with new guidelines set out by the Scottish Government.http://www.scotland.gov.uk/Topics/Environment/climatechange/scotlands-action/climatechangeact/publicsector Duties on public sector bodies
The act acknowledged transport as a major source of emissions.{{Cite news |last=Gilmour |first=Ruaraidh |date=2025-04-23 |title=Switching lanes: Scotland's plan to make transport more sustainable |url=https://www.holyrood.com/inside-politics/view,switching-lanes-scotlands-plan-to-make-transport-more-sustainable |url-status=live |archive-url=https://web.archive.org/web/20250423070553/https://www.holyrood.com/inside-politics/view,switching-lanes-scotlands-plan-to-make-transport-more-sustainable |archive-date=2025-04-23 |access-date=2025-05-04 |work=Holyrood Magazine}}
The act requires that a 42% cut in greenhouse gas emissions by 2020 and 80% by 2050.{{Cite news |date=2015-06-08 |title=Scotland misses greenhouse emission target |url=https://www.bbc.co.uk/news/uk-scotland-scotland-politics-33058391 |url-status=live |archive-url=https://web.archive.org/web/20150610060419/https://www.bbc.co.uk/news/uk-scotland-scotland-politics-33058391 |archive-date=2015-06-10 |access-date=2025-05-04 |work=BBC News |language=en-GB}}
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.{{Cite news |date=18 March 2010 |title=Climate Change Debate |url=http://news.bbc.co.uk/democracylive/hi/scotland/newsid_8568000/8568663.stm |url-status=live |archive-url=https://web.archive.org/web/20120607141155/http://news.bbc.co.uk/democracylive/hi/scotland/newsid_8568000/8568663.stm |archive-date=2012-06-07 |access-date=2025-05-04 |work=BBC News}}
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.{{Cite web |date=15 November 2010 |title=Cool drafting |url=https://www.lawscot.org.uk/members/journal/issues/vol-55-issue-11/cool-drafting/ |url-status=live |archive-url=https://web.archive.org/web/20240416111230/https://www.lawscot.org.uk/members/journal/issues/vol-55-issue-11/cool-drafting/ |archive-date=2024-04-16 |access-date=2025-05-04 |website=Law Society of Scotland |language=en}}
Until 2024, the legislation required the setting of annual interim targets.{{Cite news |date=2024-04-18 |title=Scottish government scraps climate change targets |url=https://www.bbc.co.uk/news/uk-scotland-68847434 |url-status=live |archive-url=https://web.archive.org/web/20250202192147/https://www.bbc.co.uk/news/uk-scotland-68847434 |archive-date=2025-02-02 |access-date=2025-05-04 |work=BBC News |language=en-GB}}
Amendments
= Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 =
{{Infobox UK legislation
| short_title = Climate Change (Emissions Reduction Targets) (Scotland) Act 2019
| type = act
| 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.
| year = 2019
| citation = 2019 asp 15
| introduced_by = Roseanna Cunningham MSP
| royal_assent = 31 October 2019
| status = Current
| collapsed = y
}}
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.{{Cite news |last=Fankhauser |first=Sam |date=2024-04-18 |title=Scotland is ditching its flagship 2030 climate goal – why legally binding targets really matter |url=https://theconversation.com/scotland-is-ditching-its-flagship-2030-climate-goal-why-legally-binding-targets-really-matter-228208 |url-status=live |archive-url=https://web.archive.org/web/20240714194807/https://theconversation.com/scotland-is-ditching-its-flagship-2030-climate-goal-why-legally-binding-targets-really-matter-228208 |archive-date=2024-07-14 |access-date=2025-05-04 |work=The Conversation}}
= Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 =
{{Infobox UK legislation
| short_title = Climate Change (Emissions Reduction Targets) (Scotland) Act 2024
| type = act
| 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.
| year = 2024
| citation = 2024 asp 15
| introduced_by = Gillian Martin MSP
| royal_assent = 22 November 2024
| status = Current
| collapsed = y
}}
The setting of interim targets was replaced with a system measuring emissions every five years.
Secondary legislation
Eight pieces of secondary legislation have been made under the Act:
- Climate Change (Scotland) Act 2009 (Commencement No. 1) Order 2009
- Carbon Accounting Scheme (Scotland) Regulations 2010
- 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
- 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
- Climate Change (Annual Targets) (Scotland) Order 2010, for the period 2010-2022
- Waste Information (Scotland) Regulations 2010, introduce a statutory obligation on bodies to provide the Scottish Environmental Protection Agency with data upon request
- Climate Change (Annual Targets) (Scotland) Order 2011, for the period 2023-2027
- Climate Change (Limit on Carbon Units) (Scotland) Order 2011
See also
References
{{Reflist}}
External links
- [http://www.gov.scot/Topics/Environment/climatechange/scotlands-action/climatechangeact Climate Change (Scotland) Act 2009] at the Scottish Government website
{{Sustainable development in Scotland}}
Category:2009 in the environment
Category:Acts of the Scottish Parliament 2009
Category:Climate change in Scotland