Explanatory Notes

Climate Change (Scotland) Act 2009

2009 asp 12

4 August 2009

The Act

Part 4 – Duties of Public Bodies Relating to Climate Change

Investigations

91.Section 48 enables a monitoring body to carry out investigations into how relevant public bodies are complying with duties imposed by or under section 44, or whether they are having regard to guidance given under section 45. If the Scottish Ministers direct it to do so, then the monitoring body must carry out an investigation. Section 49 specifies the powers of investigators in those circumstances and when they can use those powers and defines “investigators” which may be either the monitoring body or a person authorised by that body.