The Climate Change (Additional Greenhouse Gas) (Scotland) Order 2015

Made: 15th May 2015

Coming into force: 16th May 2015

In accordance with section 10(3) of that Act, it appears to the Scottish Ministers that an agreement at international level recognises that the gas to be added to section 10(1) of that Act contributes to climate change.

Citation and commencement

1

This Order may be cited as the Climate Change (Additional Greenhouse Gas) (Scotland) Order 2015 and comes into force on the day after it is made.

Modification of section 10 of the Climate Change (Scotland) Act 2009

2

After section 10(1)(f) of the Climate Change (Scotland) Act 2009, insert—

(g) nitrogen trifluoride.

Modification of section 11 of the Climate Change (Scotland) Act 2009

3

After section 11(2)(e) of the Climate Change (Scotland) Act 2009, insert—

(f) for nitrogen trifluoride, 1995.

Signed

AILEEN McLEOD — Authorised to sign by the Scottish Ministers — 15th May 2015

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order modifies the Climate Change (Scotland) Act 2009 (“the 2009 Act”) by adding nitrogen trifluoride as an additional greenhouse gas to the greenhouse gases listed in section 10(1). Article 3 designates 1995 as the baseline year for nitrogen trifluoride.

Nitrogen trifluoride (NF3) is recognised as a gas which contributes to climate change in the 2006 IPCC Guidelines for National Greenhouse Gas Inventories, as adopted by the Conference of the Parties to the United Nations Framework Convention on Climate Change in decision 24/CP.19. That decision is available at http://unfccc.int/resource/docs/2013/cop19/eng/10a03.pdf#page=2.

The Scottish Ministers requested advice from the UK Committee on Climate Change as required by section 10(4) of the 2009 Act. That advice is available at http://www.theccc.org.uk/publication/letter-inclusion-of-nitrogen-trifluoride-in-the-climate-change-scotland-act-2009-targeted-gases/.

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.

Footnotes

[^f00001]: 2009 asp 12.

[^f00002]: Section 96(4) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

[^f00003]: Section 10(4) requires that the Scottish Ministers must request advice from the relevant body. In terms of section 5(7)(a) and (8) the relevant body is the UK Committee on Climate Change.