Climate Change (Scotland) Act 2009

[^key-f3ef523fde1e78ace24c08dd1d890f1c]: S. 97(1)(za) inserted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 1(3), 15

[^key-4831e0a13aa78c69a6093e05a14e609f]: Words in s. 98 repealed (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(24)(a), 15

[^key-895bf45bd64cc271cf5fd4c780c7b496]: Words in s. 98 substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(24)(b), 15

[^key-12ad0f0020c902823d25d5be1eb8d068]: Words in s. 98 repealed (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(24)(c), 15

[^key-62bc4aea5972beb0ee519eb2be12daf4]: Words in s. 98 inserted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(24)(d), 15

[^key-915ac12ece1ef3b5bc3e072ad8554982]: Words in s. 98 substituted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(24)(e), 15

[^key-04af80d7199889ce95b252b4bd152da8]: S. 2 and cross-heading repealed (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(2), 15

[^key-255f9dec496cc720ee979731a37adcc3]: S. 3 and cross-heading repealed (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(6), 15

[^key-4d7f4cd14429ed6dcccf20adf0c558aa]: S. 34A inserted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 2(17), 15

[^key-36a69754b23e7292bcf0e26980eadc17]: S. 35ZA inserted (23.11.2024) by Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 (asp 15), ss. 6(2), 15

[^key-bbe322fa0f785b8e7deca095fe09121f]: Words in s. 83(4) substituted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(2), 27(2); S.S.I. 2025/10, reg. 3(a)

[^key-b35acdcfd83e991ab87fec620f594bfc]: S. 84(8) inserted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(3), 27(2); S.S.I. 2025/10, reg. 3(a)

[^key-ada5f6d3ffe7d042781cf67ead473f75]: S. 85(4) substituted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 25(2), 27(2); S.S.I. 2025/10, reg. 3(f)

[^key-df2ebce95599d9fc22ca9671cb28eb03]: Words in s. 88A(2) inserted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(7)(a), 27(2); S.S.I. 2025/10, reg. 3(a)

[^key-bde75b32252060a86e6073a404df1ba2]: Word in s. 97(1) repealed (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(8)(a), 27(2); S.S.I. 2025/10, reg. 3(a)

[^key-d3aef7d2b6575d158f8805eaa34030ca]: S. 97(1)(c) inserted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(8)(b), 27(2); S.S.I. 2025/10, reg. 3(a)

[^key-bb7d087db19975e701c65f7d2b268f51]: Words in s. 98 repealed (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(9), 27(2); S.S.I. 2025/10, reg. 3(a)

[^key-e14fef1fbee02de7ae69318b7baf49fb]: S. 88 cross-heading omitted (1.4.2025) by virtue of Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(5), 27(2); S.S.I. 2025/10, reg. 3(a)

[^key-47323e73633ecb992fb36667d21066ae]: S. 88A cross-heading omitted (1.4.2025) by virtue of Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(6), 27(2); S.S.I. 2025/10, reg. 3(a)

[^key-10aa014b5d79a051262d6459ed3e85c3]: S. 87A and cross-heading inserted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(4), 27(2); S.S.I. 2025/10, reg. 3(a)

[^key-de0381efb704a6a4e94375e9bd84954c]: S. 88A heading substituted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(7)(b), 27(2); S.S.I. 2025/10, reg. 3(a)

[^key-e51bba110b28d940e6ab9d04a27e8cbb]: S. 78A and cross-heading inserted (1.8.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 9(2), 27(2); S.S.I. 2025/170, reg. 2, sch.

[^key-dd1843d4cfdb6c308b8a38e42f91c569]: S. A2A inserted (10.10.2025) by The Climate Change (Scotland) Act 2009 (Scottish Carbon Budgets) Amendment Regulations 2025 (S.S.I. 2025/281), regs. 1, 2(3)

[^key-17aded3833ba7906430541f1d766aff6]: Words in s. A2(5) substituted (10.10.2025) by The Climate Change (Scotland) Act 2009 (Scottish Carbon Budgets) Amendment Regulations 2025 (S.S.I. 2025/281), regs. 1, 2(2)

[^key-987f9eafecb6616e0ea864cb36008507]: S. 72 repealed (1.11.2025) by The Climate Change (Local Development Plan) (Repeals) (Scotland) Order 2025 (S.S.I. 2025/283), arts. 1, 2

[^key-754205f13e56f6ae6616b0f3d1472718]: S. 73 repealed (1.11.2025) by The Climate Change (Local Development Plan) (Repeals) (Scotland) Order 2025 (S.S.I. 2025/283), arts. 1, 2

The net-zero emissions target

Scottish Committee on Climate Change

Air source heat pumps and micro wind turbines in domestic properties

...

88A

• (1) A person authorised for the purpose of this section by an enforcement authority may give a person a fixed penalty notice if the person so authorised has reason to believe that the person to whom the notice is given has committed a relevant offence.

• (2) In subsection (1), “relevant offence” means an offence provided for in regulations made under section 87A or 88.

• (3) The Scottish Ministers may by regulations make further provision about fixed penalty notices under subsection (1).

• (4) Subject to section 89, the regulations may in particular include provision about—

• (a) the enforcement authority in relation to the regulations; and

• (b) the functions of that authority in relation to fixed penalty notices.

• (5) Schedule 1A makes further provision about fixed penalties.

SCHEDULE 1A

Preliminary

1

In this schedule, unless the context otherwise requires—

• “enforcement authority” means the enforcement authority provided for in the regulations;

• “notice” means a fixed penalty notice given under section 88A(1);

• “the offence” means the offence to which the notice relates;

• “prescribed” means prescribed by the regulations;

• “the regulations” means regulations under section 88A(3).

Content of fixed penalty notice

2

• (1) A notice must give reasonable particulars of the circumstances alleged to constitute the offence.

• (2) A notice must also contain the following information—

• (a) the amount of the fixed penalty;

• (b) the payment deadline;

• (c) the discounted amount and the discounted payment deadline;

• (d) the name of—

• (i) the enforcement authority to which payment should be made; or

• (ii) a person acting on behalf of the enforcement authority to whom payment should be made;

• (e) the address at which payment should be made; and

• (f) the method by which payment should be made.

• (3) A notice given to a person must state that—

• (a) any liability to conviction of the offence is discharged if the person makes payment of—

• (i) the fixed penalty before the payment deadline; or

• (ii) the discounted amount before the discounted payment deadline;

• (b) the payment of a fixed penalty is not a conviction nor may it be recorded as such;

• (c) no proceedings may be commenced against the person in respect of the offence unless the payment deadline has passed and the discounted amount or fixed penalty has not been paid;

• (d) the person has the right to make representations as mentioned in paragraph 8.

Period in which notice can be given

3

A notice may not be given after such time relating to the offence as may be prescribed.

Amount of penalty

4

• (1) The amount of the fixed penalty, and the discounted amount, are such amounts as may be prescribed.

• (2) The maximum amount of the fixed penalty that may be prescribed is an amount equal to level 2 on the standard scale (within the meaning of section 225(1) of the Criminal Procedure (Scotland) Act 1995).

• (3) The discounted amount prescribed must be less than the maximum amount of the fixed penalty.

Deadlines for payment

5

• (1) The payment deadline is the first working day occurring at least 28 days after the day on which the notice is given.

• (2) But the enforcement authority may extend the payment deadline in any particular case after the notice is given if it considers it appropriate to do so.

• (3) The discounted payment deadline is the first working day occurring at least 14 days after the day on which notice is given.

• (4) But the enforcement authority may extend the discounted payment deadline in any particular case after the notice is given if it considers it appropriate to do so.

• (5) On extending the payment deadline under sub-paragraph (2), or the discounted payment deadline under sub-paragraph (4), the enforcement authority must notify the recipient of the notice.

• (6) In this paragraph, “working day” means any day other than a Saturday, a Sunday, Christmas Day or a day which, under the Banking and Financial Dealings Act 1971, is a bank holiday in Scotland.

Method of payment

6

The fixed penalty (and the discounted payment amount) is payable—

• (a) to the enforcement authority or the person acting on its behalf specified in the notice;

• (b) at the address specified in the notice; and

• (c) by the method specified in the notice.

Restriction on proceedings and effect of payment

7

• (1) The earliest date that proceedings for the offence may be commenced is the day after the payment deadline.

• (2) But no such proceedings may be commenced against a person if—

• (a) the person makes payment of the discounted amount on or before the discounted payment deadline (or that deadline as extended under paragraph 5(4)); or

• (b) the person makes payment of the fixed penalty on or before the payment deadline (or that deadline as extended under paragraph 5(2)).

• (3) In proceedings for the offence, a certificate which—

• (a) purports to be signed by or on behalf of a person having responsibility for the financial affairs of the enforcement authority; and

• (b) states that payment of an amount specified in the certificate was, or was not, received by a date so specified,

is sufficient evidence of the facts stated.

• (4) Where the enforcement authority is a local authority, the reference to a person having responsibility for the financial affairs of the enforcement authority in sub-paragraph (3)(a) is to be read as a reference to the person who has, as respects the local authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration).

Withdrawal of fixed penalty notice

8

• (1) A recipient of a notice may make representations to the enforcement authority as to why the notice ought not to have been given.

• (2) If, having considered any representations under sub-paragraph (1), the enforcement authority considers that the notice ought not to have been given, it may give to the person a notice withdrawing the notice.

• (3) Where a notice under sub-paragraph (2) is given—

• (a) the enforcement authority must repay any amount which has been paid in pursuance of the fixed penalty notice; and

• (b) no proceedings may be commenced against the person for the offence.

Effect of prosecution on fixed penalty notice

9

Where proceedings for an offence in respect of which a notice has been given are commenced, the notice is to be treated as withdrawn.

General and supplemental

10

The regulations may make provision about—

• (a) the application by enforcement authorities of payments received under this schedule;

• (b) the keeping of accounts, and the preparation and publication of statements of account, in relation to such payments.

11

• (1) The regulations may prescribe—

• (a) the form of notices including notices under paragraph 8(2);

• (b) the circumstances in which notices may not be given; and

• (c) the method by which fixed penalties may be paid.

• (2) The regulations may modify sub-paragraphs (1) and (3) of paragraph 5 so as to substitute a different deadline for the deadline for the time being specified there.

12

The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.

82A

• (1) The Scottish Ministers may by regulations require specified contracting authorities to ensure that—

• (a) a specified proportion of the goods or works procured by or on behalf of the authorities, or

• (b) a specified proportion of the materials used in the production, provision or construction of goods, services or works so procured,

fall within subsection (2).

• (2) Something falls within this subsection if—

• (a) it has been used already (including where it has been refurbished since that use),

• (b) it has been remanufactured, or

• (c) it is designed to be repaired, reused, refurbished, remanufactured or recycled.

• (3) The regulations may, in particular, make provision about—

• (a) the circumstances in which the requirement applies,

• (b) the kinds of things in relation to which the requirement applies,

• (c) how the specified proportions are to be determined,

• (d) the circumstances in which a person may apply to the Scottish Ministers to have the requirement disapplied,

• (e) subject to section 89—

• (i) the enforcement authority in relation to the regulations, and

• (ii) the functions of that authority,

• (f) the keeping of records and their production to the enforcement authority,

• (g) the enforcement of the duties imposed by the regulations,

• (h) offences in relation to failures to comply with requirements of the regulations.

• (4) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.

• (5) Persons to whom the regulations apply must have regard to any guidance given by—

• (a) the Scottish Ministers,

• (b) the enforcement authority,

to them in relation to the requirements imposed by the regulations.

• (6) In this section—

• “ contracting authority ” has the meaning given by section 1 of the Procurement Reform (Scotland) Act 2014,

• “ specified ” means specified in the regulations.

Targets for reduction of packaging etc.

Interpretation

The net-zero emissions target

A1

• (1) The Scottish Ministers must ensure that the net Scottish emissions account for the net-zero emissions target year is at least 100% lower than the baseline (the target is known as the “net-zero emissions target”).

• (2) The “net-zero emissions target year” is 2045.

• (3) The Scottish Ministers may by regulations modify subsection (2) so as to substitute for the year for the time being mentioned in that subsection—

• (a) an earlier year, or

• (b) a later year if—

• (i) that later year is consistent with the most up-to-date advice they have received from the relevant body, and

• (ii) that advice states that the later year is appropriate on the basis of either scientific knowledge about climate change or current international carbon reporting practice (or both).

• (4) In preparing a draft of regulations to be made under subsection (3), the Scottish Ministers must have regard to—

• (a) the target-setting criteria, and

• (b) the most up-to-date advice they have received from the relevant body.

• (5) As soon as reasonably practicable after laying for approval a draft of such regulations, the Scottish Ministers must publish a statement setting out—

• (a) their reasons for proposing to modify the net-zero emissions target year,

• (b) the extent to which the proposed net-zero emissions target year takes account of the target-setting criteria, and

• (c) whether the proposed net-zero emissions target year is consistent with the most up-to-date advice they have received from the relevant body and, if it is not, the reasons why.

2A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The target-setting criteria

2B

• (1) In this Act, the “target-setting criteria” are—

• (a) the objective of not exceeding the fair and safe Scottish emissions budget,

• (b) European and international law and policy relating to climate change (including the United Nations Framework Convention on Climate Change and protocols to that Convention),

• (c) scientific knowledge about climate change,

• (d) technology relevant to climate change,

• (e) economic circumstances, in particular the likely impact of the target on—

• (i) the Scottish economy,

• (ii) the competitiveness of particular sectors of the Scottish economy,

• (iii) small and medium-sized enterprises,

• (iv) jobs and employment opportunities,

• (f) fiscal circumstances, in particular the likely impact of the target on taxation, public spending and public borrowing,

• (g) social circumstances, in particular the likely impact of the target on those living in poorer or deprived communities,

• (h) the likely impact of the target on public health,

• (i) the likely impact of the target on those living in remote rural communities and island communities,

• (j) energy policy, in particular the likely impact of the target on energy supplies, the renewable energy sector and the carbon and energy intensity of the Scottish economy,

• (k) environmental considerations and, in particular, the likely impact of the target on biodiversity,

• (l) the likely impact of the target on the achievement of sustainable development, including the achievement of the United Nations sustainable development goals,

• (m) current international carbon reporting practice.

• (2) In this Act, the “fair and safe Scottish emissions budget” is the aggregate amount of net Scottish emissions of greenhouse gases for the period 2010 to 2050 as recommended by the relevant body as being consistent with Scotland, in line with the principles set out in article 3 of the United Nations Framework Convention on Climate Change, contributing appropriately to the holding of the increase in global average temperature to well below 2°C above pre-industrial levels, and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels.

• (3) The Scottish Ministers may by regulations modify subsection (1) and (2) so as to add, remove or vary the description of a target-setting criterion.

Advice about targets

2C

• (1) The Scottish Ministers must request advice from the relevant body at least once before the expiry of each relevant 5 year period.

• (2) A “relevant 5 year period” means a period of 5 years which begins with—

• (a) in the case of the first period, the date on which this section comes into force, and

• (b) in the case of a subsequent period, the date on which the previous request for advice was, or is treated as having been, made under subsection (1).

• (3) A request for advice under subsection (1) must request the relevant body's views as to—

• (a) whether the net-zero emissions target is achievable and, if so, what is the earliest achievable net-zero emissions target year (with views on both matters taking account of the target-setting criteria),

• (ab) whether each Scottish carbon budget for a period not yet reported on under section 33 is appropriate by reference to the target-setting criteria (and if not, advice as to any alternative budget for the period that would be appropriate),

• (c) whether the fair and safe Scottish emissions budget is appropriate, and request that, if not, the body makes a fresh recommendation for the purpose of the budget,

• (d) the estimated contribution of the net-zero emissions target and the Scottish carbon budget targets towards global efforts to limit the global average temperature increase to 1.5°C above pre-industrial levels,

• (e) the extent to which each relevant target should be met by—

• (i) taking action to reduce net Scottish emissions of greenhouse gases, and

• (ii) the crediting of carbon units to the net Scottish emissions account in accordance with regulations under section 13(5),

• (f) the respective contributions towards meeting each relevant target that should be made by—

• (i) the sectors of the Scottish economy which are covered by trading schemes within the meaning of section 44 of the 2008 Act, and

• (ii) the other sectors of the Scottish economy,

• (g) the respective contributions towards meeting each relevant target that should be made by each of the sectors mentioned in section 35(3),

• (h) whether the multiplier to reflect the direct and indirect non-carbon dioxide climate change impacts of emissions at altitude from international aviation which applies for each greenhouse gas by virtue of section 16(3) is appropriate (and if not, advice as to any alternative multiplier that would be appropriate).

• (4) A “relevant target” is—

• (ab) a Scottish carbon budget target arising from a Scottish carbon budget for a period that falls wholly within the period of 15 years beginning with the year immediately following the year in which the request is made under subsection (1), and

• (c) the net-zero emissions target, if the net-zero emissions target year is within that 15 year period.

• (5) A request for advice under subsection (1) may request the relevant body's views as to any other matter which the Scottish Ministers consider relevant for the purposes of this Part.

2D

• (1) The Scottish Ministers may request advice from the relevant body at any time on—

• (a) a matter mentioned in section 2C(3),

• (b) any other matter which they consider relevant for the purposes of this Part.

• (2) But any request for advice under subsection (1) on all of the matters mentioned in section 2C(3) is to be treated as having been made under section 2C(1).

2E

• (1) The Scottish Ministers must publish any advice received in response to a request under section 2C(1) or 2D(1) as soon as reasonably practicable after they receive it.

• (2) Subsection (3) applies if—

• (a) the relevant body's advice states that a particular year is the earliest achievable year for the net-zero emissions target, and

• (b) that year is not already the net-zero emissions target year.

• (3) The Scottish Ministers must—

• (a) within 3 months of receiving that advice publish a statement setting out how they intend to respond to that advice, and

• (b) if they do not, within 12 months of receiving that advice, lay for approval a draft of regulations under section A1(3) which modify the net-zero emissions target year to that year, make a statement to the Scottish Parliament setting out the reasons for not doing so.

• (3A) Subsection (3B) applies if the relevant body’s advice states that the Scottish carbon budget for a period not yet reported on under section 33 is not appropriate and that a different Scottish carbon budget for the period would be appropriate.

• (3B) The Scottish Ministers must—

• (a) within 3 months of receiving that advice publish a statement setting out how they intend to respond to that advice, and

• (b) if they do not, within 12 months of receiving that advice, lay for approval a draft of regulations under section A4 to make the advised change to the Scottish carbon budget for the period, make a statement to the Scottish Parliament setting out the reasons for not doing so.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Subsection (7) applies if—

• (a) the relevant body's advice states that, for a greenhouse gas, the multiplier figure reflecting the direct and indirect non-carbon dioxide climate change impacts of emissions at altitude from international aviation applying when the request is made is not appropriate and that another figure would be appropriate, and

• (b) the Scottish Ministers do not, within 12 months of receiving that advice, lay for approval a draft order under section 16(1) amending the multiplier to that figure.

• (7) The Scottish Ministers must publish a statement setting out the reasons for not laying for approval a draft order under section 16(1) making the advised modification to that multiplier figure.

3A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information about targets

3C

• (1) The Scottish Ministers must keep and maintain a list of the following—

• (a) the net-zero emissions target year,

• (ab) the Scottish carbon budgets,

• (d) the percentage figure for each of the years 2018 and 2019, as set out in section 11 of the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019.

• (2) The Scottish Ministers may remove from the list any entry in respect of a year in relation to which the Scottish Ministers have reported on under section 33.

• (3) The Scottish Ministers must lay a copy of the list before the Scottish Parliament as soon as reasonably practicable after any change is made to it.

• (4) The Scottish Ministers must publish, in such manner as they consider appropriate, the information contained in the list mentioned in subsection (1).

Nitrogen balance sheet

8A

• (1) The Scottish Ministers must, no later than 24 months after this section comes into force, create a balance sheet to quantify all major nitrogen flows across all sectors and media in Scotland, including its coastal waters, the atmosphere and soil and flows across these boundaries, to be known as a “nitrogen balance sheet” for the purpose mentioned in subsection (2).

• (2) The purpose of the nitrogen balance sheet is to record how nitrogen use efficiency contributes to achieving the targets in this Act.

• (3) The Scottish Ministers must by regulations make provision for—

• (a) a baseline figure for nitrogen use efficiency,

• (b) how nitrogen use efficiency is to be calculated,

• (c) the timescale in which the nitrogen balance sheet is to be reviewed,

• (d) monitoring and reporting upon the nitrogen balance sheet,

• (e) such other matters as they consider appropriate.

• (4) The Scottish Ministers must, before laying draft regulations under subsection (3) before the Scottish Parliament, consult such persons as they consider appropriate.

• (5) In this Act “nitrogen use efficiency” means the ratio of nitrogen removed from the environment compared to total nitrogen inputs.

• (6) For the purposes of assessing the ratio mentioned in subsection (5), account should be taken of sources of nitrogen pollution, including—

• (a) food production and waste,

• (b) energy, and

• (c) transport.

13A

• (1) The Scottish Ministers may by regulations set a limit representing the maximum amount of carbon units purchased by them that may be credited to the net Scottish emissions account for a given period.

• (2) A limit set in regulations under subsection (1) for a period must not exceed an amount which represents 20% of the planned reduction in the net Scottish emissions account for that period.

• (2A) The planned reduction in the net Scottish emissions account for a period covered by a Scottish carbon budget is the difference between the following amounts, both being determined immediately before the regulations under subsection (1) are made—

• (a) the Scottish carbon budget for the period, and

• (b) the Scottish carbon budget for the immediately preceding period.

• (2B) In order for the planned reduction in the net Scottish emissions account to be calculated for the first period to be covered by a Scottish carbon budget, the Scottish Ministers are by regulations to prescribe a notional Scottish carbon budget for the 5 years immediately preceding the first period to be covered by a Scottish carbon budget.

• (2C) Subsections (4) and (5) of section A4 apply in relation to regulations under subsection (2B) of this section as they do in relation to regulations under that section.

• (3) The planned reduction in the net Scottish emissions account for a year that does not fall within a period covered by a Scottish carbon budget is the difference between the following amounts, both being calculated immediately before the regulations under subsection (1) are made—

• (a) the minimum amount by which the emissions reduction target for the ... year requires the net Scottish emissions account to be lower than the baseline, and

• (b) the minimum amount by which the emissions reduction target for the immediately preceding year requires the net Scottish emissions account to be lower than the baseline.

• (3A) In subsection (3), “emissions reduction target”, in relation to a year, means the annual target under section 3 or (as the case may be) the interim target under section 2 that applied in respect of the year immediately before the section was repealed.

• (4) Regulations under subsection (1) may set a limit only for a period—

• (a) in respect of which the Scottish Ministers have not yet reported on under section 33, and

• (b) which ends no more than 10 years after the year in which the regulations come into force.

20A

• (1) In this Part, the “relevant body” means—

• (a) where no order has been made under section 24(1) designating a person or body as the advisory body, the UK Committee on Climate Change, or

• (b) where such an order has been made, the advisory body.

• (2) In subsection (1)(a), the “UK Committee on Climate Change” means the Committee on Climate Change established under section 32 of the 2008 Act.

PART 2A — Citizens Assembly

32A

• (1) The Scottish Ministers must establish a panel to be known as a “citizens assembly” to exercise the functions mentioned in subsection (5).

• (2) The citizens assembly is a panel made up of such persons as the Scottish Ministers consider to be representative of the general populace of Scotland.

• (3) The citizens assembly is to have two conveners who are independent of the Scottish Ministers and the Scottish Parliament.

• (4) There is to be a gender balance between the conveners.

• (5) The functions conferred on the citizens assembly are to—

• (a) consider how to prevent or minimise, or remedy or mitigate the effects of, climate change,

• (b) make recommendations on measures proposed to achieve the emissions reduction targets,

• (c) make recommendations about such other matters in relation to climate change as the Scottish Ministers may, in accordance with subsection (6), refer to the assembly.

• (6) The Scottish Ministers may refer matters to the citizens assembly under subsection (5)(c) only if those matters have been approved by resolution of the Scottish Parliament.

• (7) The Scottish Ministers must, before the first meeting of the citizens assembly, lay before the Scottish Parliament a report on the arrangements for the administration and operation of the assembly.

• (8) The citizens assembly is to—

• (a) set out its recommendations in a report,

• (b) lay the report before the Scottish Parliament, and

• (c) send a copy of the report to the Scottish Ministers.

• (9) The Scottish Ministers must, within 6 months of receiving a copy of the report, publish a statement setting out how they intend to respond to the recommendations made in it.

• (10) The citizens assembly is to—

• (a) lay its report before the Scottish Parliament under subsection (8)(b) by 28 February 2021 or, if it is unable to lay the report by that date for a reason relating to coronavirus, as soon as reasonably practicable after that date,

• (b) complete its consideration of the matters mentioned in subsection (5)(a) by the date on which its report is so laid.

• (11) In subsection (10)(a), “coronavirus” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020.

Reporting

Climate change plan

35A

• (1) The Scottish Ministers must, before laying a climate change plan under section 35 before the Scottish Parliament—

• (a) lay a draft of the plan before the Parliament for a period of 120 days, of which no fewer than 60 must be days on which the Parliament is not dissolved or in recess, ...

• (aa) request the views of such persons as they consider appropriate with—

• (i) knowledge of international law or policy relating to climate change,

• (ii) scientific knowledge about climate change,

• (iii) technical knowledge of climate change, and

• (b) have regard to—

• (i) any representations on the draft plan made to them,

• (ii) any views on the draft plan set out by the relevant body in a report under section 9(1)(d),

• (iia) any views on the draft plan set out by a person whose views were requested in accordance with paragraph (aa),

• (iii) any resolution relating to the draft plan passed by the Parliament, and

• (iv) any report relating to the draft plan published by any committee of the Parliament for the time being appointed by virtue of standing orders.

• (1A) The Scottish Ministers must publish a response to any—

• (a) resolution of a kind mentioned in sub-paragraph (iii) of subsection (1)(b), or

• (b) report of a kind mentioned in sub-paragraph (iv) of that provision,

within 3 months of the resolution being passed or (as the case may be) the report being published.

• (1B) The duty under subsection (1A) may be fulfilled by laying a statement before the Parliament in accordance with subsection (2) that addresses the resolution or report in question.

• (2) The Scottish Ministers must, when laying a climate change plan under section 35 before the Parliament, lay a statement setting out—

• (a) details of any representations, views, resolutions or reports mentioned in subsection (1)(b),

• (b) the changes (if any) they have made to the plan in response to such representations, views, resolutions or reports and the reasons for those changes.

35B

• (1) The Scottish Ministers must in each relevant year, lay before the Scottish Parliament a report on each substantive chapter of the most recent climate change plan laid under section 35.

• (2) Each report laid under subsection (1) must contain an assessment of progress towards implementing the proposals and policies set out in that chapter, including proposals and policies for supporting the workforce, employers and communities.

• (2A) If, when preparing a report under subsection (1), the Scottish Ministers’ assessment of progress is such that they consider that it is more likely than not that an emissions reduction target will not be met, the report must also explain—

• (a) why they consider that to be the case, and

• (b) what they intend to do to ensure the target is met, including details of any changes to policies that will be implemented during the period covered by a Scottish carbon budget in which the report is laid.

• (3) A report under subsection (1) must be laid by 31 May in each relevant year or, if the Scottish Ministers consider that is not possible because the information needed for the report is not available, as soon as reasonably practicable after that date.

• (4) In this section—

• (a) “relevant year” means—

• (i) 2021, and

• (ii) each subsequent year, other than any year in which a climate change plan is laid before the Scottish Parliament under section 35(1), and

• (b) “substantive chapter” means a chapter of the climate change plan which is included in the plan by virtue of section 35(2)(b) and which contains distinct proposals and policies for meeting the emissions reduction targets during the plan period.

• (5) Until such time as the first climate change plan is laid under section 35, subsection (1) is to be read as if it—

• (a) applied in relation to the most recent report on proposals and policies for meeting annual targets which was laid by the Scottish Ministers under section 35 of this Act before the date on which section 24 of the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 came into force, and

• (b) required a report on each chapter of that most recent report which contains distinct proposals and policies for meeting the targets to which the report relates during the period covered by the report.

35C

• (1) In this Act, the “just transition principles” are the importance of taking action to reduce net Scottish emissions of greenhouse gases in a way which—

• (a) supports environmentally and socially sustainable jobs,

• (b) supports low-carbon investment and infrastructure,

• (c) develops and maintains social consensus through engagement with workers, trade unions, communities, non-governmental organisations, representatives of the interests of business and industry and such other persons as the Scottish Ministers consider appropriate,

• (d) creates decent, fair and high-value work in a way which does not negatively affect the current workforce and overall economy,

• (e) contributes to resource efficient and sustainable economic approaches which help to address inequality and poverty.

• (2) The Scottish Ministers may by regulations modify subsection (1).

Other reporting provisions

37A

• (1) The Scottish Ministers must lay before the Scottish Parliament a report on—

• (a) the assessment of progress towards implementing the objectives, proposals and policies of the land use strategy under section 57, and

• (b) how these objectives, proposals and policies will contribute towards achieving the targets in the Act.

• (2) The Scottish Ministers must—

• (a) publish each report prepared under subsection (1), and

• (b) lay a copy of it before the Scottish Parliament,

as soon as reasonably practicable after the end of each financial year.

• (3) The report may also contain such other information as the Scottish Ministers consider appropriate.

94A

• (1) Subsection (2) applies where the Scottish Ministers publish an infrastructure investment plan.

• (2) They must also publish an assessment of the extent to which investment in accordance with the plan is expected to contribute to the meeting of the emissions reduction targets.

• (3) The assessment—

• (a) may be set out—

• (i) in the plan, or

• (ii) in a separate document,

• (b) if set out in a separate document, must be published at the same time as, or as soon as reasonably practicable after, the plan is published.

• (4) In subsection (1), “infrastructure investment plan” means a plan prepared by the Scottish Ministers setting out their priorities for investing in, and strategy for the development of, public infrastructure.

Interpretation

Scottish carbon budgets

A2

• (1) A Scottish carbon budget is the number of tonnes of carbon dioxide equivalent prescribed for a given period.

• (2) The Scottish carbon budget for a period is exceeded if the net Scottish emissions account for the period exceeds the number of tonnes of carbon dioxide equivalent prescribed for the period.

• (3) Not exceeding a Scottish carbon budget is referred to in this Act as a “Scottish carbon budget target”.

• (4) Where this Act refers to an emissions reduction target for a year, the reference is to be construed in the context of a Scottish carbon budget target as follows—

• (a) the year in question is the final year of the period covered by the Scottish carbon budget giving rise to the target, and

• (b) the target for the year is met if that budget has not been exceeded.

• (5) In this section, “prescribed” means prescribed in section A2A.

A3

The Scottish Ministers must ensure that each Scottish carbon budget target is met.

A4

• (1) The Scottish Ministers must, by regulations, set Scottish carbon budgets so that every year between 2026 and the net-zero emissions target year is covered by a budget.

• (2) A budget for a period—

• (a) may be set by expressing the prescribed number of tonnes of carbon dioxide equivalent for the period either as a figure or as a method for calculating a figure, and

• (b) may, in particular, be set by expressing the number as a proportion of the baseline multiplied by the number of years comprising the period.

• (3) The period covered by a Scottish carbon budget—

• (a) is to be 5 years (for example 2026 to 2030), but

• (b) may be shorter in the case of the budget for the period that ends with the net-zero emissions target year.

• (4) In preparing a draft of regulations to be made under this section, the Scottish Ministers must—

• (a) have regard to the target-setting criteria, and

• (b) take into account the most up-to-date advice they have received from the relevant body.

• (5) On the same day as laying before the Scottish Parliament for approval a draft of regulations under this section, the Scottish Ministers must publish a statement setting out in respect of each Scottish carbon budget that would be set by the regulations—

• (a) the extent to which the proposed budget takes account of the target-setting criteria, and

• (b) whether the proposed budget is in accordance with the most up-to-date advice the Ministers have received from the relevant body and, if it is not, the reasons why.

• (6) A statement under subsection (5) must also set out, in indicative terms, the proposals and policies in relation to each of the sectors mentioned in section 35(3) which are likely (if the regulations are approved) to be set out in the next climate change plan due to be laid before the Scottish Parliament under section 35(1).

• (7) A statement under subsection (5) must also state whether the Scottish Ministers expect that, during the period covered by a Scottish carbon budget that would be set by the regulations, the net Scottish emissions account for a year will, for the first time since this section came into force, be—

• (a) 75% lower than the baseline,

• (b) 90% lower than the baseline.

A5

• (1) The Scottish Ministers may by regulations modify section A4(3) so as to alter the length of the periods to be covered by Scottish carbon budgets.

• (2) The power under this section may be exercised only if it appears to the Scottish Ministers necessary to do so in order to keep the periods covered by Scottish carbon budgets in line with similar periods under any international agreement to which the United Kingdom is a party.

• (3) Before laying before the Scottish Parliament for approval a draft of regulations under this section, the Scottish Ministers must consult the relevant body.

34A

• (1) The Scottish Ministers must following each year lay before the Scottish Parliament a report in relation to that year.

• (2) But subsection (1) does not apply in relation to a year if—

• (a) it is the final year of a period covered by a Scottish carbon budget,

• (b) it has been reported on under section 33, or

• (c) it is a year that is—

• (i) earlier than the first year to be reported on under section 33, or

• (ii) later than the net-zero emissions target year.

• (3) The report must be laid before the Parliament as soon as reasonably practicable after the information to be contained in the report becomes available.

• (4) The report—

• (a) must state—

• (i) the percentage by which the net Scottish emissions account for the year is lower than the baseline, and

• (ii) the information mentioned in section 34(1), read subject to the modification that references to each year, and the final year, covered by the report are to be read as references to the year covered by the report, and

• (b) may contain such other information as the Scottish Ministers consider appropriate.

• (5) The Scottish Ministers must use current international carbon reporting practice for the purposes of assessing and reporting on the matters mentioned in subsection (4).

• (6) If the methods used to determine net Scottish emissions of greenhouse gases change and that change is such as to require adjustment of an amount for a year covered by a report under section 33 or a previous report under this section, the report must—

• (a) specify the adjustment required and state the adjusted amount, and

• (b) explain why the adjustment is required.

• (7) An adjustment under subsection (6) must, in so far as practicable, be made in accordance with current international carbon reporting practice.

35ZA

• (1) The Scottish Ministers must carry out a public consultation to inform the proposals and policies to be set out in a climate change plan laid under section 35(1)(b).

• (2) Before carrying out a consultation under subsection (1), the Scottish Ministers must lay a statement before the Parliament setting out—

• (a) the methodologies the Scottish Ministers plan to use to consult, which may include digital, postal or in-person events,

• (b) the steps the Scottish Ministers are planning to take to ensure persons likely to be interested in the subject matter of the consultation are aware of the consultation,

• (c) the period of time for which the Scottish Ministers plan to consult, which must be a period no less than 6 months,

• (d) such other information as the Scottish Ministers consider appropriate.

Deposit and return schemes

Subordinate legislation: pre-laying procedure

Minor and consequential modifications

Restrictions on the disposal of unsold consumer goods

78A

• (1) The Scottish Ministers may, by regulations, make provision prohibiting or restricting the disposal of unsold consumer goods if they consider it appropriate to do so for the purpose of reducing waste.

• (2) In subsection (1), “consumer goods” means goods intended to be purchased, used or consumed by a consumer.

• (3) But “consumer goods” does not include food (within the meaning of Regulation (EC) No. 178/2002).

• (4) Consumer goods are “unsold” if they have not been sold to, or have been returned by, a consumer.

• (5) In this section, “consumer” means—

• (a) an individual—

• (i) who purchases, uses or receives goods or services which are supplied in the course of a business carried on by the person supplying them, and

• (ii) who is not purchasing, using or receiving the goods or services wholly or mainly in the course of a business carried on by the individual, or

• (b) a business (including a business carried on by an individual) which purchases, uses or receives goods or services which are supplied in the course of a business carried on by the person supplying them.

• (6) Regulations under subsection (1) may in particular—

• (a) specify the particular types of unsold consumer goods to which the prohibitions or restrictions apply,

• (b) include provision about the persons to whom the prohibitions or restrictions apply,

• (c) include provision about the meaning of “disposal” for the purposes of the regulations,

• (d) include further provision about the meaning of “unsold” for the purposes of the regulations,

• (e) include provision to prioritise the re-use, rather than recycling of unsold goods, in line with the waste hierarchy,

• (f) provide for exemptions from the prohibitions or restrictions,

• (g) subject to section 89, include provision about—

• (i) the enforcement authority in relation to the regulations, and

• (ii) the functions of that authority,

• (h) include other provision about enforcement of the regulations.

• (7) Provision about enforcement under subsection (6)(h) may in particular include provision—

• (a) enabling functions of the enforcement authority to be carried out on its behalf by persons authorised in accordance with the regulations,

• (b) about the keeping of records and their production to the enforcement authority,

• (c) about offences in relation to failures to comply with requirements in the regulations,

• (d) for the giving of notices by or on behalf of the enforcement authority offering a person the opportunity of discharging any liability to conviction for an offence under the regulations by payment of a fixed penalty.

• (8) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate.

• (9) The Scottish Ministers must, as soon as reasonably practicable after regulations under subsection (1) are made, publish guidance for the enforcement authority in relation to the functions conferred on it by the regulations.

• (10) The enforcement authority must have regard to any guidance published under subsection (9).

Chargeable items

87A

• (1) The Scottish Ministers may, by regulations, require suppliers of goods—

• (a) to charge for items specified in the regulations,

• (b) to apply the net proceeds raised by such charges to the advancement of environmental protection or improvement or to any other purposes that may be reasonably regarded as analogous.

• (2) The regulations may in particular include provision about—

• (a) the circumstances in which the requirement applies,

• (b) the suppliers to whom the requirement applies,

• (c) the minimum amount to be charged for an item specified in the regulations,

• (d) how the net proceeds raised by the charge are to be ascertained,

• (e) the particular purposes to which those net proceeds are to be applied,

• (f) subject to section 89—

• (i) the enforcement authority in relation to the regulations, and

• (ii) the functions of that authority,

• (g) the keeping of records and their production to the enforcement authority,

• (h) the enforcement of the requirements imposed by the regulations,

• (i) offences in relation to failures to comply with the requirements imposed by the regulations.

• (3) The regulations may only specify items which are—

• (a) manufactured,

• (b) provided—

• (i) as a container or packaging for goods, or

• (ii) to be used in connection with the consumption or use of goods, and

• (c) likely to be used for that purpose only—

• (i) once, or

• (ii) for a short period.

• (4) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.

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	Column 2
Scottish carbon budget period	Proportion of budget-relevant baseline
2026 to 2030	43%
2031 to 2035	31%
2036 to 2040	20%
2041 to 2045	6%

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